City of Salina Code 1939
.
BOOK OF
REVISED ORDINANCES
OF THE
City of Salina, Kansas
1939
Authenticated
.
A Revision and Compilation of the General
Ordinances of the City of Salina.
Revised and Compiled by
HOMER B. JENKINS
of the Salina Bar
and
WILLIAM S. NORRIS
City Attorney
Revised, Compiled and Published by Authority
of the City of Salina, Kansas
Date of Publication, February 12, 1940
.
Historical Information
MA YORS OF THE CITY OF SALINA
Mayor and Council Form of Government
1 C. H. Martin .......................... .1870
2 C. R. Underwood. . .1871, 1889, 1890, 1897, 1898
3 James W. Russell ..................... .1872
4 R. H. Bishop........ .1873,1875
5 W. S. Wells . . . . . . . . . . . .1874
6 C. S. Radcliff . . . .1876, 1877, 1878
7 A. W. Wickham . Oct. 11, 1878
8 Wm. Berg . . . . . . . . . . . . . . . . . . . . .1879, 1880
9 D. J. Addison . .1881, 1882
10 E. W. Ober 1883, 1884
11 Willis Bristol . . . . .1885, 1886 H. L.
12 C. W. Banks .... . . .. .......... .1887, 1888
13 Smith George ............ . .1891, 1892 Appointed by City Manager
14 R. P. Cravens . . .1893, 1894 City Clerk and Director of Finance. . Chas. E. Banker
15 Jas. T. Hayward 1895, 1896 City Treasurer. . . . . . . Henry H. Eberhardt
16 T. W. Roach ..................... .1899, 1900 City Attorney & Director Dept. of Law W. S. Norris
17 Thos. Anderson ......... .1901 to 1904 Police Judge. ... . Henry N. Eller
18 David H. Shields . .1905, 1906 Chief of Police & Dir. of Public Safety ... D. K. Fitch
19 D. W. Hills . .1907, 1908 Chief of Fire Department .J. E. Travis
20 C. B. Kirtland . . . .1909 to 1912 City Engineer and Director Dept. of Public Service
21 V. E. Niquette . . . . . . . . .1913, 1914 . . . . . . . . . . . . E. W. Hopkins
22 J. E. Putnam ............. . .1915, 1916 Superintendent of Streets Leland M. Srack
23 Edd Mathews . . . . . . . . . . . . . . . . .1917 to 1920 Superintendent of Parks. Irvin R. Rickleffs
Commission-Manager Form of Government Sanitary and Health Officer, Milk Inspector and
24 F. S. Dyar April 18, 1921 to April 9, 1923 City Chemist. . . . . R. S. Fassnacht
25 J. S. Hargett. .April 9, 1923 to Feb. 15, 1926 Building Inspector. . . . Thos. L. Bayne
26 Guy T. Helvering . Feb. 15, 1926 to Dec. 8, 1930 Deputy City Clerk. . . H. E. Peterson
27 Chas. F. Dodds Dec. 8, 1930 to April 13, 1931 Assistant City Clerk & Bookeeper . . Ellen M. Nyberg
28 M. A. Stevenson. April 13, 1931 to Oct. 9, 1934 City Manager's Secretary. .. Nathalie M. Dickens
29 R. J. Pafford. . Nov. 19, 1934 to Sept. 16, 1935 Superintendent Sewage Disposal Plant. J. H. Spaeth
30 F. C. Peters Sept. 23, 1935 to April 12, 1937 Memorial Hall Custodian . . W. A. Hargrave
31 Ed Morgenstern. . . . April 19, 1937 City Hall Custodian. . . . . . . . . . . N. E. Wigley
( ii. )
The Town of Salina was organized on April 22,
1867, under the Towns' and Villages' Act of August
22, 1863.
Organized as a City of the Third Class, on No-
vember 21, 1870, under the Laws of 1869.
Reorganized, in 1871, under the act of that year.
Organized as a City of the Second Class, October
11, 1878.
Became a City of the First Class, by proclamation
of the Governor, on July 9th, 1920.
At an election held on February 1st, 1921, the
Commission-Manager Form of Government was
adopted. The first election held under that form
was on April 5th, 1921.
CITY MANAGERS
F. W. Sefton May 16, 1921 to January 3, 1922
W. A. Layton January 3, 1922 to February 1, 1926
H. A. Ragle February 1, 1926 to February 1, 1931
H. L. Brown February 1, 1931
CITY CLERKS OF SALINA
. .1870, 1872, 1875
. .1873, 1874, 1876 to 1886
.... ...... . .1887
. .1888
.1889 to 1891
. . . 1892 to 1894
. . . 1895, 1896
. . . .1897 to Dec. 24, 1910
. . December 24, 1910
Fred H. Wildman
E. E. Bowen.
H. B. Wallace
C. S. Martin
John L. Bishop
I. H. Gray
I. S. Bower
A. W. Godfrey..
Chas. E. Banker.
OFFICIAL DIRECTORY, 1939
Elective Commissioners
Ed Morgenstern, Mayor, Term expires April, 1941
Earl C. Branson. .1941 Wm. H. Ferm . .1943
Bert A. Breon... .1941 M. L. Mitchell. .1943
(Died July 29,1939)
Lloyd Price (Elected by Board of Commissioners Sept.
18, 1939, to fill unexpired term of M. L. Mitchell)
Appointed by Commissioners
Brown, City Manager and Superintendent
Water Department
'...
.
Authentication
Section 6. This ordinance shall take effect and
be in force from and after its publication in the
Section 4. That such revised ordinances shall be Salina Journal, the official city paper.
published in book form and not less than one hun-
dred copies thereof shall be published in such style
and form as the Board of Commissioners may ap-
prove and order, and when so published, said Book
shall be known as "Revised Ordinances of the City
of Salina, Kansas.-1939" and upon such publica-
tion in said book, all ordinances which have been
Ordinance Authorizing Revision and Publication
(Published in The Salina Journal, Dec. 15, 1939)
.
ORDINANCE NO. 4959
An Ordinance authorizing and providing for the
publication in book form of the revised and com-
piled ordinances of the City of Salina, Kansas, and
providing for the authentication and distribution
thereof.
Be It Ordained by the Board of Commissioners of
the City of Salina, Kansas:
Section 1. That the general ordinances of the City
of Salina, Kansas, be compiled, revised and classi-
fied, such compilation, revision and classification to
be done by H. B. Jenkins of Salina, as by contract
provided, with the assistance and under the super-
vision of W. S. Norris, City Attorney.
Section 2. That such compilation, classification
and revision shall include all of the general ordi-
nances of the City of Salina which shall take ef-
fect up to the date of the publication thereof, pro-
vided however, that such general ordinances other
than general regulatory ordinances shall be included
by appropriate reference to the subject, effect and
number.
Section 3. That all ordinances which shall have
been passed to take effect upon the publication there-
of in the Book of Revised Ordinances which have
not heretofore taken effect, shall be published in
full, and that all other ordinances which shall have
taken effect otherwise than by such publication
shall be classified in accordance with the subject
thereof, under the proper chapter headings, and all
formal parts of such ordinances may be omitted;
provided however, that each section of any ordi-
nance published shall contain the proper reference
to the original ordinance number and date, includ-
ing any amendments thereto.
.
passed to take effect upon publication in the Book
of Revised Ordinances shall thereupon take effect
and be in force pursuant to and in accordance with
the provisions of Sections 13-1422, 13-1423 and 13-
2902, General Statutes of Kansas, 1935, and that
all ordinances published in such book to take ef-
fect upon such publication, and all ordinances or
parts of ordinances remaining in effect at the time
of such publication and published therein shall be
read and received in evidence in all courts and
places without further proof thereof, pursuant to
and in accordance with the provisions of said Sec-
tion 13-1422 of the General Statutes of Kansas 1935;
provided however, that the City Clerk of the City
of Salina shall certify and attach to said book his
certificate that the ordinances published in said
book are the ordinances duly authorized to be pub-
lished by the Board of Commissioners pursuant to
the provisions of this ordinance, and that all such
ordinances or parts of ordinances so published re-
main in effect at the date of said certificate and
publication and that such certificate of authentica-
tion shall be printed in each copy of such book.
Section 5. That said books when printed shall be
delivered to the City Clerk of the City of Salina,
Kansas, who shall thereupon deliver one copy there-
of to the City Manager and to each member of the
Board of Commissioners and one copy to the head
of each department of the City of Salina, and the
remaining copies shall be retained by him in his
office to be sold to such persons as may desire the
same at a price of $2.50 per copy, and any unsold
copies shall be distributed or disposed of by him
in such manner as may be approved by the City
Manager.
Introduced: December 4, 1939.
Passed: December 11, 1939.
(SEAL)
Attest: Chas. E. Banker,
City Clerk.
Ed Morgenstern
Mayor.
( iii. )
AUTHENTICA TION
Certificate of City Clerk
Office of the City Clerk,
City of Salina, Kansas.
State of Kansas )
County of Saline ) ss.
City of Salina )
I, Charles E. Banker, City Clerk of the City of
Salina, do hereby certify that the-several ordinances
of the City of Salina as published in this volume,
are the ordinances duly authorized to be published
by the Board of Commissioners of said city pursu-
ant to Ordinance Number 4959, passed and approved
December 11, 1939. That all of said ordinances
first published herein, which were passed to take
effect upon their publication in the book of revised
ordinances in the City of Salina will take effect
and be in force from and after the 12th day of
February, 1940, and that all of the ordinances
therein published which were passed to take ef-
fect otherwise than by publication in the book of
revised ordinances have been duly published in the
official city paper as provided by such ordinances,
the ordinance numbers and effective dates thereof
being as indicated, and that all ordinances or parts
thereof so published remain in effect at the date of
the publication hereof, and that pursuant to the
provisions of said ordinance No. 4959 and of Section
13-1422 of the Revised Statutes of Kansas, 1935, all
ordinances or parts thereof published in said book
of revised ordinances are entitled to be read and
received in evidence in all courts and places without
further proof thereof.
Witness my hand and the seal of the City of
Salina this 12th day of February, 1940.
(SEAL)
Chas. E. Banker, City Clerk.
~/d~
( iv. )
.
.
.
Table of Contents
Chapter
1. Animals:
Art. 1. Dogs
2. Other animals
Section Numbers Chapter
11. Fire limits
Section Numbers
. . . .11-101 to 11-108
.1-101 to 1-111
.1-201 to 1-218 13. Levees and dikes
. . . .13-101 to 13-103
2. Band ........................2-101 to 2-104 14. Licenses:
3. Board of Public Welfare:
Art. 1. Creation and duties ....3-101 to 3-105
2. Jurisdiction over public
dances . . . . .3-201 to 3-211
4. Bonds ..
.4-101 to 4-104
5. Building codes and regulations:
Art. 1. Building inspector ......5-101 to 5-105
2. Building code ..........5-201 to 5-274
3. Electrical code .5-301 to 5-337
4. Plumbing code .5-401 to 5-479
5. Gas piping 5-501 to 5-519
6. Signs . . . . . . . . . . . 5-601 to 5-613
7. Billboards ......... .5-701 to 5-728
8. House moving ... .5-801 to 5-812
9. Miscellaneous regulations 5-901 to 5-907
6. City Officers; boards and commissions:
Art. 1. Board of Commissioners;
City Manager; de par t-
ments . . . . . . . . . . . .6-101 to 6-114
2. Officers and employees;
duties . . . . . . . . . . . . .6-201 to
3. Salaries of officers and
employees . .6-301 to
4. City Planning Commission 6-401 to
5. Trustees Memorial Hall. 6-501 to
6. Library Board . . . . .6-601 to
7. Cemetery Board ........6-701 to
7. City Limits:
Art. 1. Boundaries .. . .7-101
2. Ordinances Extending
Limits .................7-201 to
8. City Property . . . . . . . . . . . . .8-101 to
9. Fire department:
Art. 1. Personnel; duties .9-101 to
2. Firemen's Relief Associa-
tion . .9-201 to 9-214
3. Firemen's Pension Fund. .9-301 to 9-311 20.
10. Fire prevention:
Art. 1. General regulations
2. Gasoline, oils, etc.
10-101 to 10-136
10-201 to 10-214
Art. 1. General licenses . . .14-101 to 14-179
2. Carnival, circus, amuse-
ment companies 14-201 to 14-209
3. Public dances 14-301 to 14-310
4. Pool and billiard halls. .14-401 to 14-414
5. Public vehicles; licenses in
general .14-501 to 14-515
6. Taxi-cabs . . . . . . . .. 14-601 to 14-649
7. Junk dealers . . .14-701 to 14-712
8. Auction sales . . .14-801 to 14-823
9. Fireworks . . . .14-901 to 14-914
10. Cereal malt beverages 14-1001 to 14-1020
11. Music machines .14-1101 to 14-1110
12. Loudspeakers .14-1201 to 14-1204
15.
Misdemeanors and offenses:
Art. 1. General misdemeanors. .15-101 to 15-178
2. Immoral conduct . . . . . 15-201 to 15-216
3. Intoxicating liquors ... .15-301 to 15-319
4. Narcotic drugs ....... .15-401 to 15-404
6-229 16. Nuisances ............ . .16-101 to 16-115
6-316 17. Parks:
6-408 Art. 1. Kenwood park .17-101 to 17-108
6-503 2. Riverside park 17-201 to 17-204
6-603 3. Oakdale park ... .17-301 to 17-324
6-707 4. Highland Court park
(Sunset park) .17-401
5. City park .17-501
6. Thomas park ......17-601
7-344 18. Plats and additions . .18-101 to 18-103
8-115
19. Police department:
9-116 Art. 1. Duties of police . .19-101 to 19-118
2. Police court . .19-201 to 19-207
Public health:
Art. 1. Milk and dairy products
2. General regulations
3. Venereal diseases
20-101 to 20-124
20-201 to 20-218
20-301 to 20-318
( v. )
TABLE OF CONTENTS
Section Numbers I Chapter
and 24. Sewers:
Art. 1. Miscellaneous sewer reg-
ulations and provisions 24-101 to 24-105
2. Special sewer permits ..24-201 to 24-205
Chapter
22. Public utilities; franchises
regulations:
Art. 1. Electric light, power and
gas ............ 22-101 to 22-123
Section Numbers
3. Street lighting
2. Natural gas franchise 22-201 to 22-218 25. Sidewalks
.25-101 to 25-112
22-301 to 22-304 2G. Streets and alleys; in general:
4. Bus transportation fran-
chise . . . . . . .. ..22-401 to 22-415
5. Miscellaneous franchises
and grants .22-501 to 22-517
6. Miscellaneous regula-
tions ............ . . . .22-601 to 22-613
23. Railroad rights of way:
Art. 1. Chicago, Kansas & Ne-
braska Railway Co. (Rock
Island) .23-101 to 23-109
2. Chicago, Kansas & Western
Railroad Co. (Santa Fe) 23-201 to 23-212
3. Chicago, Rock Island &
Pacific Railroad Co. ...23-301 to 23-302
4. Kansas & Colorado Rail-
road Co. (Missouri
Pacific) ........
Art. 1. Excavations ...........26-101 to 26-114
2. General regulations:
A. Cutting curbs for
driveways . . . . .26-201 to 26-206
B. Protection of paving
and sidewalks under
construction; bulkheads;
cellars; etc. . . . 26-207 to 26-213
C. Miscellaneous regula-
tions . . . . . .26-214 to 26-224
3. Service pipes and sewers
ordered in . . . . . . . .26-301 to 26-303
4. Construction and main-
tenance of intersections
with steam railroads. . . .26-401 to 26-404
5. House numbering ......26-501 to 26-506
6. Names of streets changed 26-601 to 26-617
7. Grades; bench marks ..26-701 to 26-704
--
. 23-401 to 23-405
27. Streets and alleys; opened and vacated:
5. Kansas & Colorado Paci-
fic Railway Co. (Missouri
Pacific) .23-501 to 23-511
6. Missouri Pacific Railway
Co. .................. 23-601 to 23-624
7. Salina Northern Railroad
Company (Santa Fe). . .23-701 to 23-704
8. Salina and Southwestern
Railroad Co. (Union Pa-
cific) ............... ..23-801 to 23-827
9. Union Pacific Railway
Co. .............. . .23-901 to 23-965
10. Ordinances and contracts
relating to Union Sta-
tion 23-1001 to 23-1010
11. Street lights at railroad
crossings . .23-1101 to 23-1107
( vi. )
Art. 1. Streets opened
2. Streets vacated
3. Alleys opened
4. Alleys vacated
27-101 to 27-141
. . . . . . .27-201 to 27-250
27-301 to 27-320
27-401 to 27-476
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
Trash, waste, garbage, etc ...28-101 to 28-115
Traffic
Wards
Weeds
White Way
Aircraft
City Court
Trees; Forestry
.29-101 to 29-1,137
. . .30-101 to 30-126
31-101 to 31-105
32-101 to 32-103
... . .. .. .33-101 to 33-118
. . . . . .34-101 to 34-123
. . . . .35-101 to 35-105
Waterworks department
Zoning
.36-101 to 36-123
.37 -101 to 37-501
.''''
.
REVISED ORDINANCES
OF THE CITY OF SALINA, KANSAS
1939
duty of the
capture and
1906).
1-106. Dogs Running at Large-Tied. It shall
be unlawful for the owner or person in charge of
any dog to permit any such dog to run at large
withm the City of Salina between the 15th day of
lVlarch and the 15th day of September, provided
that any dog kept sl::curely tied or kept securely
within an enclosure on private premises or lead by
a chain, strap or rope by some person in charge of
:mch dog shall not be deemed to be running at large
within the provisions of this ordinance. (91, Ord.
3538, 5-26-28).
1-107. Same-Impounding-Killing. That any
dog found running at large within the City of Salina
contrary to the provisions of section 1 of this ordin-
ance shall be taken up by any policeman of the City
of Salina or by any other person duly appointed and
employed for that purpose by the City Manager,
and shall be impounded in a place provided for that
purpose by the city, which shall be under the charge
of the Chief of Police, who shall make a record of
all dogs so impounded, with their description and
date of impounding. If within three days from the
date any such dog is impounded the owner of such
dog shall appear and claim any such dog, and shall
pay to the Chief of Police the sum of $5.00 to pay
the cost of impounding and keeping said dog, such
dog shall be returned to such owner; provided, how-
ever, that the claiming of any such dog shall be
prima facie evidence of the violation by such owner
of this ordinance and shall subject such owner to
the penalty provided for herein. If any dog so
impounded is not claimed by the owner thereof
within three days of the date of such impounding,
the Chief of Police shall cause any such dog to be
killed, or any such dog may be sold by the Chief
of Police to pay the cost of keeping and impounding
such dog, upon public notice given for three con-
1-105. Vicious Dogs Killed by Marshal. If any secutive days in the official city paper, such notice
dog in the City of Salina shall, in a vicious manner, to contain a brief description of the dog or dogs to
bite or attempt to bite, or do any personal injury be sold, and the proceeds of any such sale and any
to any child or other person, it shall be lawful for amount paid to the Chief of Police on account of
the City Marshal or any policeman to capture, im- this ordinance shall be paid into the City Treasury;
pound and kill such dog, and it is hereby made the provided further that the payment of a license as
(1)
CHAPTER I.-ANIMALS.
(Sec. 13-435. G. S. 1935)
Article I.-Dogs.-I-101 to 1-111.
2.-Other Animals.-1-201 to 1-218
ARTICLE I.-Dogs.
..
1-101. Mad Dogs, Mayor to issue proclamation.
That the Mayor is hereby authorized, upon rea-
sonable apprehension of danger from mad dogs, to
issue his proclamation forbidding dogs of every de-
scrIption from running at large in the City limits
unless securely muzzled or at his option from run-
ning at large at all within such period of time (not
exceeding 90 days) as may be stated in such pro-
clamation" and it shall be unlawful for any person
to permit any dog in his charge or under his control
to thereafter be at large in violation of such proc-
lamation (Sl, Ord. 787, 10-29-1891).
1-102. Marshal to kill dogs at large after Proc-
lamation. The City Marshal shall cause all dogs
to be killed that are found at large within the city
limits after such proclamation shall have been pub-
lished by posting in ten public places in the City or
by publication once in the official City Paper. (S2,
Ord. 787, 10-29-1891).
1-103. Penalty, Violation of 1-101. Any person
violating the provisions of this ordinance shall, upon
conviction, be fined in any sum not less than $5.00
nor more than $25.00 (S3, Ord. 787, 10-29-1891).
1-104. Vicious Dogs, Unlawful to Harbor, Penalty.
It shall be unlawful for any person in the City of
Salina to harbor or keep any vicious dog or other
animal of a dangerous or vicious nature capable of
doing personal injury. Any person so offending
shall, upon conviction in the police court, be liable
to a fine of not more than $100.00 (91, Ord. 1341,
10-9-1906).
.
City Marshal or of the Policemen to
kill such dogs (92, Ord. 1341, 10-19-
?
ANIMALS.-Dogs.
Ch. 1, Art. 1
I
required by the ordinance of the City of Salina upon' become subject to registration then the owner or
any dog shall not prevent the impounding, killing other person above mentioned shall immediately
or sale of any dog under the provisions of this or- cause the registration of such dog and the payment
dinance, but if any dog so taken shall have a license of the fee therefor, which registration shall hold
tag for the current year, the owner of such dog as good only until the 10th day of the next succeeding
shown by the records of the City Clerk shall be January as herein provided. If any such fee shall
notified before such dog is killed or sold. (~2, Ord. be due from any owner or other person as above
3538, 5-26-28). provided for and shall not be paid when due, then
in addition to any other procedure provided for by
ordinance, the Chief of Police, or any policeman or
other person designated by him, shall proceed to col-
lect all such registration fees which may be due;
provided that in addition to the fee above mentioned
such policeman or other person shall collect an ad-
ditional sum of $1.00 for each registration fee so
collected and any person failing or refusing to pay
any such registration fee that may be due as afore-
said, together with said additional sum of $1.00 shall
be deemed guilty of a misdemeanor and punished a:;;
in original Ordinance No. 1976 provided. Any police-
man or other person collecting such fees and sums
shall account for and pay the same to the City
Clerk." (~3, Ord. 4341, 12-30-33).
1-108. Same--Penalty. Any person who shall
permit any dog owned by him or in his charge to
run at large in violation of the provisions of this
ordinance shall be deemed guilty of a misdemeanor
and upon conviction shall be fined in the sum of not
less than $5.00 nor more than $25.00 for such offense.
(~3, Ord. 3538, 5-26-28).
1-109. Dogs-Registration, License. The owner,
keeper or harborer of any dog in the City of Salina,
shall on or before the 10th day of January of each
year, cause his name, with the name and description
of the dog, to be registered with the City Clerk in a
book to be kept for that purpose, and shall pay to
the City Clerk each year, before such dog is regis-
tered a registration fee of Two Dollars ($2.00) for
each male dog and each spayed female dog, and Five
Dollars ($5.00) for each unspayed female dog, and
shall keep on the neck of each dog so registered, a
metallic or leather collar, to which shall be attached
a metallic tag or check, (to be furnished by the City
Clerk), with the number and the year of the regis-
tration distinctly marked thereon. The City Clerk
shall keep a suitable book for the registration of
dogs and upon payment to him of the fee aforesaid,
shall register the dogs upon which said fee is paid.
PROVIDED, that if any dog shall at any time
after the date of registration as hereinabove provided
1-110. Not to Enter Buildings. No dog shall be
allowed to enter any theater, store or other public
place of building in the City, whether accompanied
by its owner or person in charge or otherwise. The
word "dog" as used in this ordinance shall be con-
strued to mean any dog, bitch or whelp over six
weeks of age. (~5, Ord. 1976, 8-10-1916).
1-111. Violation of 1-110; Penalty. Any person
violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in any sum not
exceeding $25.00 for each offense. (~7, Ord. 1976,
8-10-1916).
...,
.
Ch. 1, Art. -2
ANIMALS.-Other Animals.
3
..
- ARTICLE 2.-OtherAnimals.
- (See also-Nuisances-gI6-105, Supra)
-1-201: Picketing animals on streets, alleys and
private grounds. No personshall picket any horses,
mules, cattle or other animals of any kind in, or
liponany street or alley of this City or upon any
lot or piece of ground so near to any street or alley
as to permit such animals getting upon any street
or alley or upon priv:ate property without the consent
of the owner (SI, Ord. 774, 6-18-1891).
1-202. Impounding animals unlawfully picketed.
It shall be the duty of the City Marshal to take up
or cause to be taken up all animals found picketed
within the City limits in violation of Section 1 of this
ordinance and keep the same in some safe place,
provided by him for that purpose at the expense of
the City. For taking up any such animals the Mar-
shal shall be allowed a fee of $1.00 to be paid by
the owner thereof. In case the owner or keeper of
any animal so taken up as aforesaid fail for ten days
to reclaim the same and pay the fee for taking up
and the expenses of keeping, the City Marshal shall
sell such animal at public auction in front of the
City Hall, having first given five days notice thereof,
by publication in the official City paper, or by writ-
ten or printed notices posted in four public places,
one of which shall be in the City Hall. The proceeds
of such sale shall be used to pay the fees and ex-
penses of taking up and keeping the animal sold, in-
cluding the expenses of the sale and $1.00 as a fee
for the Marshal in making the sale and the surplus,
if any, paid into the City Treasury for the use of the
owner. (S2, Ord. 774, 6~18-1891).
1-203. Penalty; violation of 1-201. Any person
violating the provisions of Section 1 of this Ordin-
ance shall, on conviction thereof, be fined in any
sum not less than $1.00 nor more than $10.00. (S3,
Ord. 774, 6-18-1891).
1-204. Running at large. That it shall be unlaw-
ful for the owner or person having charge of any
of the animals hereinafter named, to-wit:-horses,
mules, cattle, sheep, goats, and hogs, to allow the
same to run at large within the limits of the City
of Salina; and all such animals found running at
large in said City are hereby declared to be a public
nuisance. (SI, Ord. 32, 3-9-1871).
1-205. Impounding animals running at large.
That it is hereby made the duty of the City Marshal
or such other person as he may appoint to take up
and impound in some safe enclosure any of the above
mentioned animals found running at large in said
City and to give notice forthwith by posting notice
.
at the office of the City Marshal of each animal so
taken up, the description of the same and for the
owner and person in charge thereof to prove prop-
erty and pay charges for abating such nuisance.
(S2, Ord. 32,3-9-1871).
1-206. Penalty; violation of 1-204 and 1-205. Any
person violating any of the provisions of this or-
dinance shall, upon conviction thereof, be fined in
any sum not more than $1.00 for the first offense,
and not less than $3.00 nor more than $15.00 for
each and every subsequent offense or violation as
aforesaid. (S3, Ord. 32, 3-9-1871).
1-207. Sale of impounded animals. If the animals
aforesaid be not claimed and the charges as herein-
after specified be not paid within ten days after the
date of notice aforesaid, the City Marshal shall on
the 11th day (all Sundays being excepted), at a
time and place mentioned in the notice aforesaid,
proceed to sell the same to the highest bidder for
cash; and after deducting from the proceeds of said
sale the amount of all charges which have accrued,
including the expense of impounding and keeping
and advertising the same; with 25c to the City Mar-
shal as his fee for selling the same; he shall pay the
balance to the City Treasurer, which amount, less
the sum of $5.00 to be deducted therefrom as a pen-
alty for the violation of the provisions of this ordi-
nance shall remain in the City Treasury, subject to
the order of the owner or person in charge of said
animals (who having satisfied the Mayor of said
City of being such owner or person in charge shall
have received a written certificate to that effect) if
claimed at any time within twelve months from the
date of the sale aforesaid. (S4, Ord. 32, 3-9-1871).
1-208. Fee for impounding. The City Marshal
shall be entitled to a fee of 25c for each animal so
impounded and 25c per day for each day it shall
remain in his charge. (S5, Ord. 32, 3-9-1871).
1-209. Suckling pigs; no fine or costs. No fine,
costs or charges shall be assessed or collected when-
ever any suckling pigs if running with the mother,
shall or may be taken up and impounded under the
provisions of this ordinance. (S5, Ord. 32,3-9-1871).
1-210. Not apply to drovers. Nothing herein con-
tained shall be so construed as to prevent drovers or
other persons from driving any of the above men-
tioned animals from one place to another within the
limits of said City, the owner or owners being re-
sponsible for all damages that may be sustained by
reason of the driving of such animals. (S7, Ord. 32,
3-9-1871).
4
ANIMALS.-Other Animals.
Ch. I, Art. 2
1-211. Trespassing on public or private grounds
9r sidewalks. That it shall be unlawful for the own-
er or person in charge of any horse, mules, cattle
or other animals to permit the same to trespass on
any sidewalk or space permitted by ordinance to
be used for sidewalk in the City of Salina. (~1,
Ord. 503, 8-16-1886).
1-212. Penalty; violation of 1-211. Any person
permitting any animal in his charge to trespass or
go upon or injure any public or private grounds or
sidewalk of space permitted by ordinance to be used
as a sidewalk shall be deemed guilty of a misde-
meanor and upon conviction thereof before the Po-
lice Court shall be fined not less than $5.00 nor more
than $50.00. (~2, Ord. 503, 8-16-1886).
1-213. Hogs; Prohibited. That it shall be un-
lawful for any person to keep or permit to be kept
on any premises in the City of Salina owned or
leased or in possession of or under the control of any
such person in the City of Salina any hogs or pigs
of any age; PROVIDED, that this ordinance shall
not prohibit the temporary keeping of hogs or pigs
for the purpose of slaughter by any regular slaught-
er house which is operated in the City of Salina
within the district in which the operation of such
slaughter house is permitted by the zoning ordi-
nances of the City of Salina now or hereafter in
effect, nor shall it prohibit the temporary keeping
of hogs or pigs in any stock yards or pens along or
adjacent to any railroad switch yard and kept there
for the purpose of shipment. (~1, Ord. 3487, 12-14-
27).
1-214. Same; Penalty. That any person who shall
violate the provisions of this ordinance shall be
deemed guilty of misdemeanor and shall be fined
not less than $5.00 nor more than $25.00 for each of-
fense. (~2, Ord. 3487, 12-24-27).
1-215. Cattle; keeping prohibited. That it shall
be unlawful for any person, copartnership or cor-
poration, either as owner or as the agent, repre-
sentative or employee or bailee of any owner to keep
or have more than two head of cattle over the age
of six months at anyone time within the city limits
of the City of Salina except temporarily for the
purpose of sale or for transportation into, out of or
chrough the City of Salina, and except for purposes
of slaughter in or on premises lying within the dis-
trict or zone where such slaughter is permitted.
(SI, Ord. 4388, 4-6-34).
1-216. Same; nuisance. That on account of the
unsanitary and unhealthful conditions caused by the
keeping of cattle within the city limits of the City
of Salina, and adjacent to or near premises occupied
and used by persons residing within the city, the
keeping of more than two head of cattle, (over six
months of age) within the City of Salina by any
person, copartnership or corporation either as the
owner or as the agent, representative, or employee or
bailee of such owner of such cattle is hereby declared
to be a nuisance, which shall be abated and/or en-
joined as other nuisances are abated and/or enjoined
according to law. (~2, Ord. 4388, 4-6-34).
1-217. Same; penalty. Any person, copartner-
ship or corporation, or any agent, representative,
member or officer thereof who shall violate any of
the provisions of this ordinance or who shall per-
mit or maintain a nuisance as defined in this ordi-
nance shall be deemed guilty of a misdemeanor and
shall be punished by a fine of not less than $10.00
nor more than $25.00 for such offense, and each days
continued violation of any of the provisions of this
ordinance, and each days continued maintenance of
any such nuisance shall be deemed to constitute a
separate offense, and any such penalty may be en-
forced in addition to any remedy which the City or
any resident thereof may have by way of abatement
or injunction. (S3, Ord. 4388, 4-6-34).
1-218. Cruelty to animals; penalty. That every
person who shall maliciously and cruelly maim, beat,
torture or abuse any horse, ox, cattle or other do-
mestic animal, whether belonging to himself or to
another, shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine of
not exceeding $50.00. (~20, Ord. 635, 3-7-88),
....~
.
Ch. 2
BAND.-Municipal.
5
CHAPTER 2.-BAND.
(Sec. 12-14a01 to 12-14a06 G. S. 1935)
2.101. Municipal band fund; trustees. That the
fund known as the Salina Municipal Band Fund
levied, assessed and collected in the manner provided
by law shall be administered under the supervision
of a Board of three Trustees to be known as the
"Trustees of the Municipal Band Fund" which will
be appointed by the Board of Commissioners of the
City of Salina, and it shall be the duty of said Trus-
tees to make such recommendations as they deem
proper in respect to any contract between the City
of Salina and the Salina Municipal Band with re-
spect to the services of said Band and to perform
such other duties as may be required of them by or-
dinance. (~1, Ord. 2875, 11-10-23; Amd. ~1, Ord.
4928, 1-23-39).
.
2-102. Term of trustees; no remuneration. That
the three members of such Board of Trustees first
appointed shall serve terms of one, two and three
years respectively, as may be designated in their
certificates of appointment, and thereafter one mem-
ber shall be appointed each year. The terms of the
three so first appointed to commence January 1,
1924. Said Board of Trustees shall serve without
remuneration. (~2, Ord. 2875, 11-10-23).
.
2-103. Contract with band; expenditures. That
it shall be the duty of said Board of Trustees to en-
ter into a written contract on or before January 1,
1924, for the services of a band for municipal pur-
poses, such as public concerts or equivalent services
to be given at such times and places under such reg-
ulations as may be set forth in the contract. Said
contract shall be entered into and executed by the
Executive Board of the band and the Board of Com-
missioners of the City of Salina, Kansas, upon the
recommendation of the Board of Trustees of the
Municipal Band Fund. Said Board of Trustees shall
authorize all expenditures to be made in connection
with said contract with said band and no money shall
be paid out of said fund except with the written con-
sent of such Board of Trustees, and all moneys ap-
propriated for the use or in payment for said ser-
vices of said band in connection with the contract as
above indicated, shall be paid only on vouchers exe-
cuted in the usual form, bearing the approval of said
Board of Trustees. (~3, Ord. 2875, 11-10-23).
2-104. Contract approved by Board of Commis-
sioners. Any contract made by said Board of Trus-
tees and the Band with the leader or director for the
services of such band shall be submitted to and ap-
proved by the Board of Commissioners of the City
of Salina, Kansas. (~4, Ord. 2875, 11-10-23).
.
Ch. 3, Art. 1
BOARD of PUBLIC WELFARE.-Creation and Duties of Board.
CHAPTER 3.-BOARD OF PUBLIC
WELFARE.
(Sec. 12-1604 to 12-1606 G.S. 1935)
Article I.-Creation and Duties of Board.
3-101 to 3-105.
2.-Jurisdiction over Public Dances.
3-201 to 3-211.
ARTICLE I.-Creation and Duties of Board.
.
3-101. Members; how selected; term of office.
That there is hereby created in and for the City of
Salina a Board of Public Welfare, such board to con-
sist of five members who shall be elected by the
Mayor and Council from the electors of said City
and sball hold office for a term of five years and
until their successors are duly elected and qualified,
provided, however, that the first members elected
shall be elected for one, two, three, four and five
years respectively and one director shall be elected
each year thereafter, and, provided further, that two
members of such board shall be women and three
members men. (Sl, Ord. 1923, 2-26-1916).
3-102. Organization of Board; by-laws. The mem-
bers of such Board of Public Welfare shall, within
ten days after their election, meet and qualify by
each member taking the oath of office administered
to the other officers of the City. And the members
of such Board shall thereupon organize by electing
a President and Vice-President and shall adopt such
by-laws and regulation as they shall deem proper
and necessary. (S2, Ord. 1923,2-26-1916).
3-103. Board serve without pay; regulate theatres,
dance halls, amusements; issue permits; penalty.
Such Board of Public Welfare and the members
thereof shall serve without pay and shall have the
direct supervision and regulation of theatres, dance
halls and other places of public amusement and re-
creation maintained or conducted for profit, and of
all theatres, theatrical entertainments or similar
performances, dances, dance halls and other places
of public amusement and recreation maintained or
conducted in connection with any business such as
restaurants, hotels, drug stores, soft drink parlors
or other similar commercial enterprises, which may
be maintained and conducted or operated in the City
of Salina for profit and it shall be unlawful for any
person to maintain or conduct for profit within the
City of Salina any theatre, public dance hall or other
place of public amusement or recreation maintained
or conducted in connection with any business such
.
as restaurants, hotels, drug stores, soft drink parlors
or other similar commercial enterprises, after the
election of such Board of Public Welfare without
first having received and having from such Board
of Public Welfare a permit to maintain and conduct
the same, and any person convicted of violating any
of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction there-
of shall be fined in any sum not exceeding $100.00.
(S 3, Ord. 1923; Amd. S 1, Ord 2377; Amd. S 1, Ord.
2839, 8-15-1923).
3-104. Issuance of permits; revocation. Upon ap-
plication being duly made the said City Board of
Public Welfare shall determine the character of the
theatre, public dance hall or other place of public
amusement or recreation, for which permit is sought,
and if the Board after such investigation, find that
the same, or the conduct or maintenance of the same,
will not be detrimental to the good government of
the city or to the preservation of peace and good
order, or to the suppression of vice and immorality,
or injurious to the health of the inhabitants of the
city, it shall issue a permit to such person allowing
him to maintain and conduct such theatre, public
dance hall, or other place of public amusement or
recreation within said city until the first day of June
thereafter, subject to the power of such Board of
Public Welfare to revoke said permit. If said Board,
after such investigation, finds that the maintenance
and conduct of such place will be detrimental to the
good government of the city, or the preservation
of the peace and good order of the city, or to the
suppression of vice or immorality, or detrimental to
the health of the inhabitants of the city, such per-
mit shall be denied. Said Board shall have power
to at any time revoke such permit, after hearing
upon five days notice, and a fjnding of said Board
that the place is being maintained or conducted in a
manner detrimental to the good government of the
city, or the preservation of the peace and good order
of the city, or to the suppression of vice or im-
morality, or to the health of the inhabitants of the
city. (S4, Ord. 1923, 2-26-1916).
3-105. Investigate needs of poor. It is further
provided that said Board shall investigate all cases
of need among the poor of the city and shall keep
a written record of such investigations and shall
upon request make written report of such investiga-
tions to the Mayor and Councilor to the County
Commissioners of Saline County. (S5, Ord. 1923, 2-
26-1916).
7
.
Ch. 3, Art. 2
BOARD of PUBLIC WELFARE-Jurisdiction over Public Dances.
9
.
ARTICLE 2.-J urisdiction. C),vel' ,})u\>lic D.ances.,
3.201.. Public dance ; defined. . The term "public
dance"as 1,lsed in, this ordinance and in other or-
dinances of the City of Salina,. now or. hereafter. in
effect shall mean any dance to which the public is
invited or to which any admission fee is charged
under .any form or guise whatsoever, whether paid
at the door, on the floor, in the form of a subscrip-
tion or whether paid before or after said dance,
under guise of dues or assessments, and where ad-
mission is secured by invitation or otherwise, except
as hereafter provided; it being the intent of this
ordinance to define as a public dance any dance held
within the City of Salina at any dance hall or audi-
torium, except one which may be given by one or
more individuals at his or their own expense (as here-
inafter limited) and except a dance to which no in-
vited guest is required to pay any admission fee or
charge in any guise or at any time, and except one
which may be given by a bona fide club, society or
other organization, having a permanent membership,
and which only the regular bona fide members of
such club, society or organization, and not to exceed
one outside guest of the opposite sex for each mem-
ber are permitted to attend together with any bona
fide guest who may reside outside of the City of
Salina, provided that no charge shall be made for
any such guest in any guise or form, and further
excepting such other dances as may be specifically
provided for herein. (~1, Ord. 3058, 12-29-24).
3-202. Showing to Board; certificate. (See also
14-301 to 14.310). Any dance which is given by any
club, society or organization or by five or more indi-
viduals shall be defined a public dance until the per-
son or persons in charge thereof shall appear before
the Board of Public Walfare and make a satisfactory
showing to such Board that the dance to be given
is not a public dance as herein defined, in which
case said Board may issue to such person or persons
or to such society, club or organization a certificate
to the effect that no permit is required for the hold-
ing of such dance, provided, however, that such cer-
tificate may be revoked at any time by the Board
of Public Welfare, and any person or persons se-
curing such a certificate for himself or themselves
or for any such club, society or orgapization who
shall, by virtue of such certificate, give a dance,
which shall be determined, by the Board of Public
Welfare, to be a public dance as herein defined, or
shall, by virtue thereof, give any dance to which
admission is charged in any guise or form, shall be
deemed guilty of a misdemeanor and shall be punish-
ed as hereinafter provided. (~2, Ord. 3058, 12-29-
1924).
..
3-203. ClJ,lbs, societies, etc.; Board require show-
ing. No .dance, shall be deemed to be a club, society
or organiz.ation dance so as to eliminate the necessity
of securing a permit therefor under the provisions
of this ordinance, when only the members who at-
tend such 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 ordinance 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, be-
fore issuing any certificate, under the provisions of
this ordinance, may require any person or persons
applying therefor, on behalf of any such club, so-
ciety or organization, to furnish satisfactory evi-
dence of the nature thereof. (~3, Ord. 3058, 12-29-
1924) .
3-204. Supervise public dances; permits. In ad-
dition to any and all other duties now and hereafter
provided by ordinance, it shall be the duty of the
Board of Public Welfare to have supervision of all
dances as herein defined in the City of Salina. Be-
fore any public dance shall be held or before any
dance shall be held by any person or persons, club,
society or organization, the person or persons giv-
ing or holding the same or in charge thereof shall
notify the Chairman of the Board of Public Welfare
of the proposed time and place thereof. If the Board
of Public Welfare shall decide that the proposed
dance is not a public dance it shall issue a certificate
provided in the preceding section hereof, but if it
shall decide that the dance is a public dance it may,
if it deems the applicant or applicants for such per-
mit to be of a good moral character and entitled to
receive the same, issue a permit for such dance upon
the payment to it of a sum of $3.00, which shall cover
the expense of a supervisor to attend such dance
if the Board of Public Welfare deelps such super-
visor necessary, and the Board on issuing such per-
mits shall notify the City Clerk, who shall issue no
license until such permit is granted. (~4, Ord. 3058,
12-29-1924) .
3-205. Chairman of Board and Police to be noti-
fied. Every owner, lessee or person in charge of
any dance hall in the City of Salina, or of any other
room or place in the City of Salina 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 o'clock noon of the day on which any
10
BOARD, of. PUBLICWEt.FARE~JurlsdicHon over Public Dances.
Ch. 3,' ~rt. 2
dance is to be held in .such dance hall or. other place
'of the time, place and name of the'person orpersofis,
. ,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 ora certificate showing that such permit
is not required. (~5, Ord. 3058, 12-29-1924).
have such a supervisor pr~sent at such dance. Such
supervisor, and any police officer of. the City of
Salina, ::;hall have authority to attend.any such dance,
remoVe therefrom any, person or, persons guilty, of
disorderly conduct or any misconduct or any intoxica-
cated person, and to arrest any person found to be
engaged in the violation of any law or ordinance.
(~8, Ord. 3058, 12-29-24).
3-206. Disorderly conduct; dance stopped; no more 3-209. Authority of Chairman between meetings.
permits. If, at any dance given by any person or Th Ch' A t' Ch' f th B d
. . . e aIrman, or c mg aIrman 0 e oar
person.s, club, socIet~ or orgamzatlOn the p.ersons of, Public Welfare shalLhave authority to do any of
attendmg shall be dIsorderly or shall be gUilty of th t h' 'd d f d II th't
. .' , , . I e ac s as erem provl e or an a au 01'1 Y
a, ny unbecommg conduct or shall be found to be VIO- h' f d th B d f P bl' W If
. . erem con erre upon e oar 0 , u 1C e are
lating any of the laws or ordmances of the State of I h lIb t d' th' Ch' ,A t'Ch .
, .. I S a eves e m e airman or C mg airman
K, ansas or the City of Salma, any such person may I f h B d t II t' b t th I
I 0 suc oar a a Imes e ween e regu ar or
be removed or any such dance m, ,a,y be, order e, d, stOP-I . I, . f h B, d (.1:9 0 d 3058 12 29
' ' . . ' specla sessIOn 0 suc oar. :;, r. ,__
ped by any supervisor appomt~~ by t.he Bo~rd of 24). '
Public Welfare, or by any regular police officer of '
the City of Salina, and if the Board of Public wel-I 3-210. Unlawful to give public dance without per-
fare shall be satisfied that any such conduct. or vio- mit or after permit or certificate revoked. It shall
lation has taken place, such Board of Public. Wel- I be unlawful for any person, either individually or as
fare may th:reafter r~fuse to ~rant. any ~ertIficate Ithe officer, director or member of any club, society
or any permit as prOVided for m t!llS ordmanc~ to I or organization to give or permit the giving or hold-
a.ny such person or persons, club, socIety or orgamza- ing of any dance for which any admission charge is
tIon. (~6, Ord. 3058, 12-29-1924). , made or collected under any guise whatsoever, with-
3-207. Period of permit; revocation. The permit i out first securing a permit as required herein, or to
and certificate herein provided fo1' may be issued I give or ho~d any such d~nce a~ter any such permit
i' ne or more dances or for a designated period of I or any certIficate as herem prOVided may be revoked,
t?r 0 to b designated plainly on the face of such or after any dance has been ordered stopped or dis-
pl;~it 0: certificate, and shall be revocable at any continued as herein provided for. (~10, Ord. 3058,
time with or without notice by the Board of Public 12-29-24).
Welfare. (~7, Ord. 3058, 12-29'-24).
3-211. Penalty for violation of Sees. 3-201 to
3-208. Dance supervisor; authority. The Board 3-210. And person who shall violate in any manner,
of Public Welfare shall have authority to designate or connive or conspire with another to violate the
any suitable person, satisfactory to the City Manag- provisions of this ordinance or who shall in any man-
eI' of the City of Salina, who, when approved ner permit or aid in the violation of this ordinance
by the City Manager, shall be commissioned shall be deemed guilty of a misdemeanor and upon
as a special police officer, to act a,s the supervisor I conviction thereo,f shall be punished by a fine of not
at any dance for which a permit is issued when the less than $5.00 or more than $50.00 for each offense.
Board of Public Welfare may deem it necessary to (~11, Ord. 3058, 12-29-24).
.
Ch. 4, Art. 1
BONDS-Contractors, Licensees, etc.
11
.
4-102. Public improveme_nt bonds; surety com-
pany; local agent. That all bonds required of con-
tractors for public improvements shall be signed and
ARTICLE 1.-Bonds of Contractors, Licensees, Etc., executed as surety by some surety company holding
Certificate of Authority from the Secretary of the
Treasury under Acts of Congress as acceptable sure-
4-101. License and contract bonds; surety com- ty on Federal Bonds and lawfully doing business in
pany; local agent. That all bonds for the use, bene- I the State of Kansas and maintaining a local agent
fit or protection of the City of Salina required to be \ in the City of Salina, and that no bond not counter-
taken by the statutes of the State and by the ordin- signed by the Company's local agent in the City of
ances of the City and by resolution of the Board of Salina and/or for an amount in excess of the limit
Commissioners of said City from any person or cor- for which the surety may be accepted on anyone
poration to secure the faithful performance of any Federal Bond will be accepted and approved by the
contract with the City, or to indemnify the City Board of Commissioners of said City. (~2, Ord. 2399,
against loss, damage or liability growing out of any 7-23-1921).
contract with the City, or out of the issuance of any
license or permit by the City where a bond is requir-
ed, shall be signed and executed as surety by some
surety company holding certificate of authority from
the Secretary of the Treasury under Acts of Con-
gress as acceptable surety on Federal Bonds and
lawfully doing business in the State of Kansas and
maintaining a local agent in the City of Salina, and
that no bond not countersigned by the Company's
local agent in the City of Salina and/ or for an
amount in excess of the limit for which the surety
may be accepted on anyone Federal Bond will be
accepted and approved by the Board of Commis-
sioners of said City. (~1, Ord. 2399, 7-23-1921).
CHAPTER 4.-BONDS.
(See 60-1413, G. S. 1435)
(4-101 to 4-104)
4-103. Bonds signed by principal as well as surety.
All bonds herein provided for shall be signed and
executed by the party or parties from whom such
bonds are required in addition to the sureties on said
bonds, and except where otherwise provided by law
the said bonds shall be made to the City of Salina.
(~ 3, Ord. 2399, 7-23-1921).
4-104. Approved by City Attorney and Board of
Commissioners. All bonds herein provided for shall
be submitted to and approved by the City Attorney;
and after such approval by the City Attorney such
bonds shall be approved by the Board of Commis-
sioners. (~4, Ord. 2399, 7-23-21).
..
.
.
.
Ch. 5, Art. 1
BUILDING CODES and REGULATIONS-Building Inspector.
13
CHAPTER 5.-BUILDING CODES AND
REGULATIONS.
Article I.-Building Inspector.-5-101 to 5-105.
2.-Buill1ing Col1e.-5-201 to 5-274.
3.-hlectrical (;ode.-5-i.JlJ1 to 5-i.Ji.J7
4.-Plumbing (;Ol1e.-5-401 to 5-479.
5.-Gas Piping.-5-501 to 5-519.
6.-Signs.-5-6U1 to 5-613.
7.-BiH Boards.-5-701 to 5-708.
8.-House lVloVIng.-5-8u1 to 5-812.
9.-lVliscellaneous Regulations.-
5-901 to 5-907.
ARTICLE I.-Building Inspector.
5-101. Office created; qualifications; term. That
there be and there is hereby created the office of
BUlldmg Inspector in the City of Salma, Kansas, and
that the City Manager of said CIty be and he is
hereby authorized to appoint to such position such
person as shall, in hIs opmion, possess the necessary
expenence and qualificatIOns to properly discharge
the duties of same. That said Building Inspector
shall be appointed for a period of one year, subject
however to dismissal at the option and pleasure of
the City Manager. (~1, Ord. 2908, 12-28-23).
pedient for the public safety and as may not be in-
consistent with law. (S2, Ord. 2908, 12-28-23).
5-103. Fees paid to Inspector. Every person, per-
sons, company, co-partnership 01' corporation engag-
ed elther as principal or agent in the construction
of any building within the corporate limits of the
City of SaUna shall pay to said City, as and for the
cost of the inspection of said building by said Build-
ing Inspector the fee now provided for in the exist-
ing ordinances of the City of Salina in the same
manner and to be accounted for in the same way as
provided for in such ordinances. (S3, Ord. 2908, 12-
28-23).
5-104. Inspector have access to buildings; penalty.
.t:very such person or persons shall, during the con-
structIOn of any buildIng or buildings, permit the
Buildmg Inspector of the City of Salina free access
to all parts of such structure during the erection
thereof, to the end that a proper inspection may be
made and any person or persons who shall fail or
refuse to pay the proper fee for such inspection,
or who shall willfully refuse or fail to permit said
officer or his assistants to have access to such build-
ing or to make a proper inspection thereof, or who
shall violate any of the provisions of this ordinance
shall be guilty of a misdemeanor and upon conviction
thereof shall be fined in the sum of not less than
$5.00 nor more than $50.00 or sentenced to confine-
ment in the City jail in said City for a period. of not
more than 30 days or may receive both such fine and
Imprisonment as the court shall determine. (S4, Ord.
2908, 12-28-23).
5-102. Duties of Building Inspector. That it shall
be the duty of said Building Inspector to examine
all bUIldings in the course of erection, construction,
alteration or re-Iocation within the City of Salina,
together with the heating, plumbing and electrical
work thereof, for the purpose of determining
whether or not the same are being erected, con-
structed or altered in compliance with the permits
given therefor and in compliance with the ordinances 5-105. Inspector perform duties formerly given
of said City appertaining to the erection, construc- I Fire Chief, etc. That the duties of said Building
tion and alteration of buildings and all portions Inspector shall include all of the duties prescribed
thereof. It shall be the duty of said Building In- for and to be performed by the Fire Chief, the Elec-
spector to inspect all such buildings in the course of trical Inspector and the Plumbing Inspector under
erection, construction, alteration or re-Iocation as the provisions of Ordinance No. 1510 as amended;
regards the construction of flues, heating apparatus, Ordinance No. 1962 and Ordinances Numbers 2500 and
plumbing and electrical work and general construc- 1618 as amended, and wherever the words Fire Chief,
tion, and to determine whether the same has been Electrical Inspector or Plumbing Inspector occur in
built or is being built in conformity to the ordin- any of such ordinances the same shall be considered
ances of the City and in such a manner as to be as referring to the Building Inspector as in this 01'-
without defects or causes liable to endanger life or dinance provided for and the said ordinances above
property. It shall be the duty of said Building In- refererd to are hereby amended to conform to the
spector to ascertain and determine the need of en- terms and provisions of this ordinance, provided how-
forcement and to co-operate in the enforcement of ever, that this ordinance shall be considered supple-
all ordinances appertaining to the safe and lawful mental to and not repealing the ordinances above
construction of buildings and he shall have full au- mentioned, except as above referred to and except
thority to adopt and enforce all such prudent emerg- in so far as they may be in conflict herewith. (S5,
ency measures as he may deem necessary and ex- Ord. 2908, 12-28-23).
.
Ch. 5, Art. 2
BUILDING CODES-Regulations, etc.
15
.
ARTICLE 2.-Building Code.
5-201. Permit Required. National Underwriters
Code. No person or persons, corporation or company
shall erect or cause to be erected within the limits
of the City of Salina, Kansas, any structure, building
or part thereof unless they shall have, before pro-
ceeding with the erection, enlargement, alteration,
repair or removal of any building or structure in the
city, obtained a permit for such erection, enlarge-
ment, alteration, repair or removal from the Build-
ing Inspector, and it shall be unlawful to proceed
with the erection, enlargement, alteration, repair
or removal of any building or structure within the
City unless such permit shall first have been ob-
tained. All buildings hereafter erected or altered
within the fire limits, shall be constructed in accord-
ance with the latest edition of the rules of "The
National Board of Underwriters Building Code".
Provided however that all permits for all structures,
buildings or parts thereof to be erected, enlarged,
altered, or repaired within the limits of the City of
Salina which are used or are to be used for commer-
cial purposes, and all permits for all buildings here-
inafter erected or altered within the fire limits of
the City of Salina must be submitted to and coun-
tersigned by the Chief of the Fire Department. (~1,
Ord. 2993,6-7-24; Amd. ~1, Ord. 4938, 8-17-39).
5-202. Fees. Permits must be taken out before
any work is started and the fees for permits on all
buildings based on the estimated costs of the im-
provements shall be as follows:
$1,000 or less $1.00
$1,000 to $1,500 $1.50
$1,500 to $3,000 $2.50
$3,000 to $5,000 $5.00
$5,000 to $10,000 $10.00
$10,000 to $20,000 $20.00
$20,000 to $40,000 $30.00
All over $40,000, 25c for each $1,000 additional.
The person applying for such permit shall file
therewith application showing estimated cost of the
building and its location, and any other information
which may be required by the Building Inspector
relating to the same, and all fees collected by the
Building Inspector under the provisions of this or-
dinance or any other ordinance of the City of Salina
shall be accounted for and paid into the City Treas-
ury by the Building Inspector, between the first and
tenth of each month, covering all fees collected by
him during the previous month, and a duplicate copy
of his report and receipts shall be filed at the same
time in the office of the City Clerk. (~2, Ord. 2993,
6-7-24; Amd. ~1, Ord. 3726, 6-22-29).
.
i
I 5-203. Buildings within the Fire Limits. Every
building hereafter erected, enlarged, rebuilt or re-
constructed within the fire limits as now defined or
as they may be hereafter defined by ordinance shall
have all exterior walls constructed only of brick,
stone, concrete, terra cotta or tile, and shall other-
wise comply with the following requirements:
(a) Walls of One Story Buildings. In one story
buildings, all walls used as party or fire walls, and
all walls located within three feet of the lot line or
on the alley line shall be constructed of brick and
cement mortar not less than thirteen inches in thick-
ness or its fire resistive equivalent in other non-
combustible materials, and all party or fire walls,
and rear parapet walls where the rear wall is with-
in ten feet of the alley line, shall extend three feet
above the point where the roof of such building joins
any such party or fire wall or rear wall, and all
such walls shall have footings at least two feet un-
der ground.
(b) Openings in fire or party walls. No unpro-
tected openings shall be permitted in any party wall
01' fire wall when any other building shall stand or
3hall be subsequently erected within twenty-five feet
of such opening.
(c) Basements. (Cross Ref.: Sec. 26-207 to 26-213
Re Bulkheads, basements, etc., under sidewalks). In
all buildings having basements, either the frame
work over the heating plant and fuel room shall be
of reinforced concrete, monolithic or protected steel
construction joined to an eight-inch concrete, brick
and cement mortar, or wall, or its equivalent in fire
resistance, without openings into other buildings ex-
cept the entrance door to such room which shall be
metal sheathed and automatically self-closing or
the entire first floor shall be of reinforced concrete,
monolithic or protected steel construction. All in-
,ide stairways shall be constructed of non-combusti-
ble materials and properly trapped, and all other in-
side openings from the basement shall be properly
protected.
(d) Sleeping rooms. Where any story of any
such building above the first floor is used or intended
to be used for sleeping rooms, the specifications above
required for the first floor over the basement shall
apply to the frame work, stairways and openings
of each such floor so used.
(e) Skylights and alley openings. All skylights,
and all windows opening toward the alley, shall be
of metal and wire glass construction and all doors
and exposed woodwork on the alley side shall be
metal sheathed.
16
BUILDING CODES-Regulations, etc.
Ch. 5, Art. 2
(f) Roofs. All roofs shall be covered with metal
composition or tile roofing.
(g) Hotels and Apartment Houses. The fore-
going specifications for sleeping rooms within the
fire limits shall apply to all buildings three stories
or more in height used or intended to be used as
hotels, rooming houses or apartment houses here-
after erected, enlarged, rebuilt or reconstructed
within the City of Salina.
(h) Structures Outside of Fire Limits. Struc-
tures not exceeding one story in height, not used for
permanent dwelling house purposes and having a
ground area of not to exceed 320 square feet between
walls lying outside of the fire limits, may be con-
structed of 5 inch hollow tile or hollow concrete
blocks, laid on edge with cement mortar.
(i) Structures not Enclosed. Structures not en-
closed on more than three sides, to be used for auto-
mobile parking or storage, may be constructed with-
in or without the fire limits, of 5 inch hollow tile or
hollow concrete blocks laid on edge with cement
mortar and if in the fire limits shall have a metal or
composition roof.
(j) Definitions. All terms used in this section
shall be defined in accordance with the usage of the
Kansas Inspection Bureau, Topeka, Kansas. (S3, Ord.
2993, 6-7-24; Amd. Sl, Ord. 3643, 12-26-28; Amd. Sl,
Ord. 3674, 3-2-29).
5-204. No frame building built or moved within
fire limits. No frame or wooden structure shall here-
after be built within the fire limits now existing or
within the fire limits hereafter established, and no
frame building shall be moved from without to with-
in the fire limits, or from one location to another,
either on the same lot or otherwise, within the fire
limits, as now or hereafter established. (S4, Ord.
2993, 6-7-24; Amd. Sl, Ord. 3525, 4-28-28).
5-205. Ordinary construction defined. The term
"ordinary construction" as used in this ordinance
shall mean the ordinary system of construction in
which timber and iron structural parts are not pro-
tected with fire resisting coverings and in which the
walls are built of masonry as required by this code.
(S5, Ord. 2993, 6-7-24).
5-206. Repair of frame buildings in fire limits.
Frame buildings within the fire limits which have
been damaged by fire, decay or otherwise to an ex-
tent not greater than 50 per cent of their value may
be repaired, provided there is no increase in the size
of such buildings over their original dimensions. (S6,
Ord. 2993, 6-7-24).
5-207. Frame buildings outside fire limits; brick
veneer. Hereafter no frame building shall be erected
nor any frame addition made to any existing frame
building within the fire limits of the City. Outside
the fire limits it shall be lawful to erect frame build-
ings not exceeding 40 feet in height from the side-
walk to the highest point of roof. If such frame
buildings have a basement story of masonry, their
height above the sidewalk may be made not to ex-
ceed 45 feet, provided that in no case shall any por-
tion of any frame building above the second story be
used as a separate living apartment. It shall be
lawful to surround a frame building with a veneer
of brick not less than 4 inches thick, provided said
brick is not carried higher than the second story or
22 feet above the basement ceiling, and provided
further that said veneer is anchored to the studding
or other frame construction in a manner conform-
ing to the best and latest type of construction and
satisfactory to the Building Inspector. Such brick
veneer is not to be placed on gables or any other
parts of frame buildings above the height herein
specified. All frame buildings, which it is desired
to surround with brick veneer must have their base-
ment walls and foundations of solid masonry. (S7,
Ord. 2993, 6-7-24).
5-208. Remodeling for apartments. Whenever
any frame building within the fire limits shall be
remodeled, altered or changed for the purpose of
using the same for flats or apartments, or whenever
such frame building shall be occupied for flat or
apartment purposes of more than three suites each
suite of apartments in such building shall be separat-
ed from the other by a wall of incombustible material
of such dimensions and thickness as required herein.
(S8, Ord. 2993, 6-7-24).
5-209. Iron Sheds in District No.2 of Fire Limits.
Except as hereinafter provided, iron covered sheds or
buildings, not exceeding eight thousand square feet
in area, and not exceeding one story in height, and
having fire resisting roofs supported on sufficient
posts or piers, may be erected within that portion
of the fire limits designated as District No.2, as de-
fined by Section 11-103 of the Revised Ordinances
1925, (as amended by section 1 of ordinance 3519
and extended by Ord. 3804); provided that such
buildings shall not be built within fifteen feet of
any other building or structure. (S9, Ord. 2993, 6-7-
24; Amd. S2, Ord. 3519, 3-31-28).
5-210. Walls. (Cross Ref., See 5-203). All ex-
terior, or division walls of buildings hereafter erect-
ed of masonry or concrete shall be of sufficient thick-
ness to support safely the load to be carried.
.
BUILDING CODES-Regulations, etc.
Ch. 5, Art. 2
.
I
Such walls, excepting party and fire walls, for all' which serve as bearing walls on both sides, shall be
buildings of other than the dwelling house class, not not less than 16 inches thick in the upper two stories
exceeding five stories or 65 feet in height, shall have or upper 30 feet, increasing 4 inches in thickness
the upper two stories not less than 12 inches thick, for each two stories or fraction thereof below. All
increasing 4 inches in thickness for each two stories other fire walls shall be not less than 16 inches thick
or fraction thereof below. For such buildings in in the upper four stories or upper 50 feet, increasing
excess of five stories, but not exceeding ten stories 4 inches in thickness for each two stories or fraction
or 125 feet in height, the top story shall not be less thereof below. No two-story increment shall exceed
than 12 inches thick, increasing 4 inches in thickness 30 feet in height.
for each two stories or fraction thereof below. No Reinforced concrete walls, with the steel reinforce-
two-story increment shall exceed 30 feet in height. ment running both horizontally and vertically and
Solid masonly exterior walls of dwellings not ex- weighing not less than one-half pound per square
ceeding 30 feet in' height, exclusive of gable, and oc- foot of wall, may have a thickness 4 inches less than
cupied by not more than two families, lYlay not be that prescribed for brick walls.
less than 8 inches thick, and shall include cellar and The foundation walls of all buildings over two
basement walls if built the same thickfless. The un- stories in height, except as above provided, shall be
supported length of such walls shall not exceed 25 4 inches thicker from footing to grade than required
feet. for the remainder of the wall.
Solid concrete walls shall not be less than 6 inches All exterior, and division or party walls over one
thick and hollow monolithic concrete walls shall story high, shall extend the full thickness of top
have an aggregate thickness not less than 6 inches. story to at least 2 feet above the roof surfacing of a
If masonry walls are built hollow, or are constructed building as a parapet and be properly coped, ex-
of hollow clay or concrete units, the allowable height cepting walls which face on a street and are finished
of the 8 inch portion shall be limited to 20 feet and with incombustible cornices, gutters or crown mould-
the remaining lower portion shall be at least 10 ings; excepting also the walls of detached dwellings
inches thick. with peaked or hipped roofs. The parapet walls of
warehouses and all manufacturing or commercial
buildings shall extend 3 feet above the roof.
For dwellings over 30 feet high, but not exceeding
40 feet in height, the exterior walls may be 8 inches
thick for the uppermost 20 feet and shall be at least
12 inches thick for the remaining lower portion.
Solid party and division walls of dwellings shall
not be less than 8 inches thick for the uppermost
20 feet and shall be at least 12 inches for the remain-
ing lower portion, such party and division walls, if
hollow, or if built of hollow clay or concrete units,
shall not be less than 12 inches thick.
Fire walls shall be continuous from foundation to
3 feet above roof level and shall be coped.
Brick or concrete walls of buildings outside the
fire limits, which under this ordinance could be of
wood, may have a minimum thickness of 8 inches.
Such walls shall not exceed two stories or 30 feet in
height, exclusive of gable, nor shall they exceed 35
feet in length unless properly braced by cross walls,
piers, or buttresses.
Clay brick used for exterior walls, chimneys
or piers, shall have an average compressive strength
of 2,000 pounds per square inch, and an absorption
not exceeding 20 per cent. Concrete, sand-lime, or
other varieties of brick, used for the same purposes
shall have an average crushing strength of 1,500
pounds per square inch, and an absorption not ex-
ceeding 15 per cent.
Portland cement only shall be used in the manufac-
ture of concrete blocks. The coarse aggregate shall
be of suitable material graded in size, but in no case
shall the maximum dimension exceed one-fourth the
minimum width of any section of the finished block.
Concrete blocks shall not be used in construction
until they have attained the age of 28 days, or de-
veloped the strength required in this section.
All walls of buildings of the dwelling house class
of ordinary construction exceeding 40 feet in height
shall be solid. The upper three stories shall not be
less than 12 inches thick increasing 4 inches in thick-
ness for each three stories or fraction thereof below.
No three-story increment shall exceed 45 feet in
height.
Walls in skeleton construction shall be supported
by girders at each story, and shall be not less than
12 inches thick, except that solid concrete may be 8
inches thick.
A fire wall is hereby defined as a wall built for
the purpose of restricting the area subject to the
spread of fire.
In all buildings except dwellings, frame buildings,
and skeleton construction, party walls and fire walls
.
17
18
BUILDING CODES-Regulations, etc.
Ch. 5, Art. 2
. The compressive strength of building blocks shall i er depth than those adjoining, to give timely written
III al~ cases be calculated up?n the gros~ area of the I ~otice to t~e ?wner. or owners of prior erected build-
beddlllg faces no account belllg taken of the cellutar Illgs of theIr IlltentlOn so to do and shall also permit
spaces. I the occupancy of their ground to so protect and un-
Hollow building tile used for exterior or party derpin said walls, but in all cases the former walls
walls, or piers, and designed to be laid normally have been carried down to the depth above specified,
with the cells vertical, shall have an average com- then parties building upon adjoining lots and exca-
pressive strength of not less than 1,200 pounds per vating for their cellars to a greater depth than above
square inch when tested with the cells vertical, and named, shall, at their own cost and expense, use all
not less than 300 pounds per square inch when test- proper care to underpin, sustain and protect the for-
ed with the cells horizontal. mer erected walls, building or buildings. No foun-
The average compressive strength of hollow build- dation of any building, excepting residences shall be
ing tile designed to be laid normally with the cells less than 3 feet below the sidewalk; level. (!l11, Ord.
horizontal, and tested with the cells in that position, 2993, 6-7-24).
shall be not less than 700 pounds per square inch.
Hollow concrete block or tile used for exterior or
party walls or piers shall have an average compres-
sive strength of not less than 700 pounds per square
inch.
Concrete blocks shall be not more than 36 days
old when tested. The average strength of the blocks
as here given shall be obtained by testing five blocks
of average quality.
The allowable working stress on all masonry con-
struction shall not exceed one-tenth of the required
average test strength.
All walls and partitions in schools, hospitals, and
places of public assemblage, over one story high,
and all walls and partitions in theaters, shall here-
after be built of brick, stone, concrete, hollow or
solip. blocks, or metal lath and Portland cement plas-
ter on metal studding, or other equivalent incombus-
tible construction.
The mortar used for all 8 inch walls, fire walls,
foundation walls, walls for skeleton construction,
and all walls built of hollow building tile or concrete
blocks, shall be either Portland cement mortar, or
cement-lime mortar, the latter in proportions not
leaner than one part Portland cement, one part lime
and 6 parts sand by volume. (!l10, Ord. 2993, 6-7-24;
Amd. 91, Ord. 3623, 12-12-28).
5-212. Stone walls; Floors. Stone walls shall be
4 inches thicker than required for brick walls. Tests
shall be made by the owner, upon demand of the
Building Inspector of all forms of floor construction
involving spans over 8 feet. Such tests shall be
made to the approval of the Building Inspector and
must show that the construction will sustain a load
equal to twice the sum of the live load and dead
loads, for which it was designed, without any indica-
tion of failure. The construction may be considered
as part of the test load. Each test load shall re-
main in place at least 24 hours. On arch construc-
tion, this test load shall be placed on 112 of the arch,
covering the area from support to crown of arch.
When so required, the contractor shall furnish to the
Building Inspector test cylinders for the purpose of
making tests of concrete. (!l12, Ord. 2993, 6-7-24).
5-213. Roofs, live loads; dead loads. The full live
load on roofs of all buildings shall be taken on walls,
piers and columns. The wall, piers and columns of
all buildings shall be designed to carry the full dead
loads and the proportion of the live load of the build-
ing. (!l13, Ord. 2993, 6-7-24).
5-214. Tenements; rooms in basement. In no new
tenement house shall any room in the cellar be con-
structed, altered, converted or occupied for living
purposes and no room in the basement of a new
tenement house shall be constructed, altered, con-
verted 01' occupied for living purposes unless such
rooms shall be at least 8 and 112 feet high and in
the clear and shall have the finished grade of such
premises at the building at least 4 114 feet of such
height above the average street grade at the build-
ing, provided only one living apartment shall be al-
lowed in the basement of any tenement house here-
after constructed. (!l14, Ord. 2993, 6-7-24).
5-211. Walls, depth; underpinning. The walls of
any building, excepting residences, which are to be
placed on a line of the lots between different own-
ers, and when the bottom of the footings of such
walls are not to be extended down to a depth of
8 feet from the sidewalk level, shall be underpinned,
sustained and protected whenever it becomes neces-
sary, at the entire cost of the owner or owners there-
of, provided however, that it shall be the duty of the
adjoining owner or owners, when designing to build 5-215. Tenements;
and if wishing to sink their cellar or walls to a great- I stories; slow burning.
5 stories; fireproof; over 2
Every new tenement house
.....
.
Ch. 5, Art. 2
BUILDING CODES-Regulations, etc.
more than five stories and basement high shall be
of fireproof construction. Every new tenement house
more than two stories and basement shall be of slow
burning or fireproof construction. In case slow
burning construction be required, the cellar and base-
ment construction, including the floor construction
of the first story above the cellar or basement shall
be of fireproof construction. (~15, Ord. 2993, 6-7-24).
.
5-216. Definition "Tenement-Tenement house".
That wherever the words "tenement" or "tenement
house" appear in Section 14 or Section 15 of Ordin-
ance No. 2993 of the City of Salina, passed and ap-
proved on June 2nd, 1924, and duly published in the
official city paper on June 7th, 1924, said Sections
being Sections 5-214 and 5-215 of the Revised Or-
dinance 1925 of the City of Salina, such words shall
be deemed, and they are hereby declared, to mean
and refer to all structures designed for or intended
to be used for, or used for human habitation, except
private dwelling houses, so that such terms as used
in said sections of said ordinance shall be deemed,
and they are hereby declared to mean and refer to
hotels, rooming houses, apartment houses, flats and
all other structures designed for or intended to be
used for, or used for, human habitation, except pri-
vate dwelling houses. (~1, Ord. 3542, 6-9-28).
5-217. Permits. That no permit shall be issued
by the Building Inspector for any building mentioned
or described in the preceding section of this ordin-
ance except such as shall comply with the provisions
of Sections 14 and 15 of Ordinance No. 2993, being
Sections 5-214 and 5-215 of the Revised Ordinances
1925. (~2, Ord. 3542, 6-9-28).
5-218. Construction; Alteration; Fire Limits.
That no building hereafter erected or constructed
and no building which may be hereafter altered or
enlarged, within the fire limits of the City of Salina
as the same are now or as they may be hereafter
defined, when such building as erected, constructed,
altered or enlarged shall be three stories or more in
height, shall be used for hotel, rooming house or
apartment house purposes, unless all exterior walls,
and all floors, and all required fire walls shall be
of fire proof construction. (~1, Ord. 3590, 8-11-28).
5-219. Permit. No building permit shall be is-
sued by the Building Inspector for any building men-
tioned in Section 1 of this ordinance or for the alter-
ation or enlargement thereof, except such as shall
comply with the provisions of said Section 1. (~2,
Ord. 3590, 8-11-28).
.
5.220. Violation; Penalty. Any person who shall
erect, construct, alter or enlarge any such building,
or who shall cause the erection, construction, altera-
tion or enlargement of any such building without
securing a building permit therefor, or contrary to
the provisions of this ordinance after any building
permit is issued, or who shall use any such build-
ing for hotel, rooming house or apartment house pur-
poses contrary to the provisions of this ordinance,
shall be deemed guilty of a misdemeanor and shall
be fined not less than $25.00 nor more than $500.00,
or imprisoned not more than thirty days, or shall be
punished by both such fine and imprisonment, for
each offense, and each days continued violation of ,
any of the provisions of this ordinance shall be
deemed a separate offense; provided further that
any building erected, constructed, altered or enlarg-
ed contrary to the provisions of this ordinance shall
be deemed to constitute a public nuisance and shall
be abated or removed in such manner as may be
provided for by law. (~3, Ord. 3590, 8-11-28).
5-221. Fire walls; parapets; bearing walls. The
division or party walls over one story high shall ex-
tend the full thickness of the top story to at least
two feet above the roof surfacing of a building, as
a parapet, and shall be properly coped, extending
gutters or crown mouldings and excepting also the
walls of detached private dwellings with peaked or
hipped roofs. The parapet walls of ware houses
and manufacturing or commercial buildings shall ex-
tend 3 feet above the roof. Fire walls shall be con-
tinued from the foundation to three feet above the
roof level and coped. Hollow blocks of terra cotta,
when used for bearing walls, shall have not more
than 50 pel' cent cellular space. Portland Cement
only shall be used in the manufacture of concrete
blocks. The coarse aggregate shall be suitable
material graded in size but in no case shall the mini-
mum dimension exceed 112 of the minimum width
of any section of the finished block. Concrete shall
not be used until it has attained the age of 28 days,
or developed the strength required in this section.
All building blocks shall be laid in Portland Cement
mortal'. The compressive strength of building blocks
shall in all cases be calculated upon the gross area
of bedding faces, no account being taken of the cel-
lulaI' spaces. The average ultimate compression
strength of terra cotta blocks laid with cells vertical
shall not be less than 1200 pounds pel' square inch.
The average of concrete blocks laid with cells vertical
shall be not less than 800 pounds per square inch.
Concrete blocks shall be not more than 36 days old
when tested. The average strength of the blocks as
19
20
BUILDING CODES-Regulations, etc.
herein given, shall be obtained by testing ten blocks
of average quality. The allowable working stress of
hollow building blocks shall not exceed 100 lbs. per
square inch of gross area for terra cotta blocks or 71")
pounds per square inch of gross area for concrete
blocks. If the wall be built of blocks with the cells
horizontal, the allowable working stress shall not ex-
ceed 30 pounds per square inch of gross area. Ail
walls and partitions in schools, hospitals and places
of public assemblage over one story high, and all
walls and partitions in theaters shall hereafter be
built of brick, stone, hollow or solid blocks, or metal
lath and Portland Cement plaster on metal studding
or equivalent incombustible material. ({l16, Ord.
2993, 6-7-24). (Note See {l13-410 G. S. 1935).
5-222. Composition roofs; approval of Building-
Inspector. Roofs, the slope of which is not more
than 3 inches per foot horizontal, and the covering
of which is made of a composition of felt and gravel,
shall be considered incombustible under the provi-
sions of this ordinance and may be used upon build-
ings of all classes. Other forms of composition
roof shall be permitted if expressly approved as an
incombustible material by the Building Inspector.
({l17, Ord. 2993, 6-7-24). (Note: See {l5-203 infra).
5-223. Hollow Building Block Walls. Hollow
building blocks of hard burned clay or of concrete
may be used for all walls, except party and fire
walls, of buildings not exceeding three stories or
40 feet in height. The minimum thickness of such
walls shall be as required for brick walls.
Concrete blocks shall not be used in construction
until they have attained an age of 28 days, nor until
they have developed the required test strength. All
building blocks shall be laid in Portland cement
mortar.
Ch. 5, Art. 2
attached to the backing with approved metal wall
ties imbedded in the mortar joints spaced not further
apart on centers than one foot vertically or 2 feet
horizontally may be used for walls of skeleton con-
struction to a height of 10 stories or 125 feet. ({l18,
Ord. 2993, 6-7-24; Amd. {l2, Ord. 3623, 12-12-28).
5-224. Beam ends separated; staggering; corbel-
ing. The ends of all floor, ceiling, or roof beams
entering a party or fire wall from opposite sides,
shall be separated by at least 7 inches of solid ma-
sonry. Such separations may be obtained by cor-
beling the wall or staggering the beams, or the
beams may be supported by steel hangers, but no
walls shall be corbeled more than 2 inches for this
purpose. The ends of all wooden beams shall be cut
to a bevel to make them self-releasing. ({l19, Ord.
,,993, 6-7-24).
5-225. Wall Openings. No opening in an interior
masonry wall shall exceed 8 x 10 feet. If the open-
mg be in a party or fire wall it shall have a standard
automatic fire door on each side of the wall. If an
opening in a fire wall is made to serve as an emerg-
ency exit, it shall not exceed 48 square feet in area
and a self-closing fire door shall be substituted for
one of the automatic fire doors. Total opening in
Lhe fire wall shall not exceed 25 per cent of lineal
length of the wall. Every building within the fire
lrmits except churches and dwellings, shall have stan-
dard fire doors, shutters or wire glass with incom-
bustible frames and sash on every exterior opening
above the first floor except when fronting on a street
not less than 50 feet wide, or where no other building
is within 50 feet of such opening. The walls of a
building in the same plane as that in which the open-
ing is situated, shall not be considered as coming
within the intent of this rule. All openings in the
side and real walls of the first story, excepting show
windows, shall be protected as prescribed in this
section when within 50 feet of some other landing.
({l20, Ord. 2993, 6-7-24; Amd. {l3, Ord. 3623, 12-12-28)
Hollow building tile blocks in exterior walls shall
be either extra hard burned or be veneered with
brick, architectural terra cotta, or stone, securely
bonded or the blocks shall be covered on the exposed
surface with at least 3/4 inch of Portland cement 5-226. Buildings over 3 stories; business or as-
stucco; such blocks shall be well scored, grooved or semblage over 1st floor, stair shafts, door openings,
roughened to retain the coating. The stucco shall elevator shafts. All buildings hereafter erected,
not be considered as a part of the required thickness which are used above the first floor for business
of the wall. purposes or for public assemblage, or for whatever
Except for party or fire walls, hard burned hollow purpose if over 3 stories high, except private dwell-
tile blocks may be used for walls of skeleton con- ings, shall have their stair shafts continuously en-
struction having a height not exceeding four stories closed by incombustible partitions. Shafts in all
or 55 feet. The thickness shall be the same as re- buildings hereafter erected shall be enclosed in the
quired for brick walls. same manner. The partition shall be constructed of
Hollow tile blocks faced with brick bonded to the brick or other fire resisting material approved by
backing with a row of headers every 16 inches or i the Building Inspector. No hall petitions shall be
-.
.
Ch. 5, Art. 2
BUILDING CODES-Regulations, etc.
21
.
less than 6 inches thick, no brick partitions less
than 8 inches thick and no other partitions less than
4 inches thick. Except as herein stated, the stairs,
elevator or hoist way shaft in all existing buildings
over 3 stories high, or the class described in this
section shall be separately enclosed by approved
hollow or solid partition blocks not less than 3 inches
thick, set in Portland Cement mortar, or by 2-inch
solid metal lath and Portland Cement plaster parti-
tion. The metal frame work of such partitions
shall be securely fastened to both floors and ceiling.
All lath used for such partitions shall be galvanized
steel weighing not less than 54 ounces per square
yard. Wire lath shall not be less than No. 20 gauge
and sheet metal lath not less than 24 gauge. All
such partitions erected in existing buildings shall be
fire stopped with incombustible material, the full
depth of all floor beams at each floor level. All
door openings in stair and elevator enclosures shall
be protected by fire doors mounted with wrought
iron or steel hardware and shall be securely attach-
ed to the walls or partitions or to substantial incom-
bustible frames anchored thereto. If glass panels
be used in such doors they shall be of wire glass not
exceeding 720 square inches in area. Interior shaft
windows shall not be permitted. Doors opening into
stairway shafts shall swing in the direction of exit
travel, shall be self closing and shall be at least 36
inches wide. The enclosure walls for all elevator
shafts shall extend 3 feet above the roof and at least
3/4 of the area shall be covered with a sky light con-
structed as specified in Section 23. If, in the opinion
of the Inspector, it is necessary to preserve an open
elevator or hoist way in existing buildings, the floor
openings through which they pass shall be equipped
with automatic closing trap doors, not less than 1 1/2
inches thick, made of two thicknesses of match
boards covered on the under side with tin; the trap
doors when closed shall extend beyond the opening
on all sides. Such trap doors shall be protected by
suitable guard or gate which shall be kept closed
at all times except when in use. (~21, Ord. 2993,
6-7-24).
5-227. Sky lights. The skylight on the roof of
every building erected within the fire limits shall
have its sides, sashes and frames constructed of
metal or of metalclad wood on all exterior surfaces.
Such sky lights shall be covered by a strong wire
netting with mesh not more than 1 1/2 inches square
placed not less than 6 inches above the glass, sup-
ported on uprights of incombustible material unless
wired glass is used. (~22, Ord. 2993, 6-7-24) (See
5-203e)
.
5-228. Sky lights over stair or elevator shafts.
Sky lights over stairways and elevator shafts shall
be constructed with incombustible frame and sash
glazed with wired glass when a stairway, elevator
or dumb waiter shaft extends through a roof and is
covel'ed by such a skylight. Instead of a skylight,
a window may be placed in the side of the shaft above
the roof, which is fartherest removed from the prop-
erty line. The window shall have incombustible
frame and sash and be glazed with wired glass.
(923, Ord. 2993, 6-7-24).
5-229. Floor openings; wire; glass. Except in
dwellings all openings hereafter made in floors for
the transmission of light to the floor below shall pe
covered with glass set in metal frames and bars.
The glass shall be not less than 3/4 inch thick and
if any glass measures more than 16 square inches,
there shall be rigid wire mesh either in the glass or
under it. (~24, Ord. 2993, 6-7-24).
5-230. Light, vent, or dumb waiter shafts. In
every building hereafter erected and altered, except
frame building, all walls or partitions, forming in-
terior light or vent shafts shall be built in accord-
ance with the requirements for stair and elevator
shafts in new buildings as specified in Section 23.
The walls of dumb waiter shafts, except those in
dwelling, which extend only one story above the
basement or cellar, shall be of fire resisting con-
struction and shall be not less than 3 inches thick
if constructed of brick, hollow or solid partition
blocks, or steel studding and metal lath with 3/4 inch
Portland Cement plaster on each side or 2-inch solid
metal lath or Portland Cement plaster will be per-
mitted if securely anchored at each floor. The ma-
terial and method of construction to be as specified
for stair and elevator shafts in existing buildings in
Section 21. In frame buildings outside of the fire
limits the enclosure partitions of all such shafts may
be constructed as provided in Section 21 for stair and
elevator shafts in existing buildings. When a dumb
waiter shaft does not extend to the roof the top of
the shaft shall be of fire resisting construction of
the same thickness as the walls of the shaft. All
openings in the dumb waiter shafts shall be pro-
tected by fire doors mounted in incombustible frames
and securely anchored to the walls. The walls of
all light and vent shafts hereafter erected shall ex-
tend not less than 3 feet above the roof level, except
that when a shaft is covered by an incombustible
ventilating skylight the walls need not extend more
than 2 feet above the roof. Masonry walls shall be
properly coped. When metal louvres are used for
ventilating purposes the louvres or slats shall be
riveted to the metal frame. (~25, Ord. 2993, 6-7-24).
22
BUILDING CODES-Regulations, etc.
Ch. . 5, Art.. 2
5.231. Openings in roofs. All openings in roofs I hereafter erected or altered shall exceed foul' stories
for admission of light or air other than those pro- 10.1'. 55 feet in height, unless. it be of fireproofeoll-
vided for in previous sections shall have incombusti- I struction when it shall not exceed ten stories 01'125
ble frames and sash, glazed with wire glass. (S26, I feet.
Ord. 2993, 6-7-24). The floor area between fire walls of non-fireproof
buildings, except frame, shall not exceed the follow-
ing: When fronting on one street, 6,000 square feet;
when fronting on two streets, 7,500 square feet; and
when fronting on three streets, 9,000 square feet.
These area limits may be increased under the fol-
lowing conditions as indicated.
For non-fireproof buildings, fully equipped with
approved automatic sprinklers, 66 2/3%.
For fireproof buildings, not exceeding 125 feet in
height 50%.
For fireproof buildings, not exceeding 125 feet in
height, fully equipped with automatic sprinklers,
100%. (930, Ord. 2993, 6-7-24; Amd. 94, Ord 3623,
Amd. 91, Ord. 3673, 3-2-29).
5~232. Floor area; exits, width of stairways. The
term, "Floor Area" as used in this section, shall
mean the entire floor space between exterior walls
and fire walls. In every building hereafter erected,
except in private dwellings, each floor area above
the first shall be provided with at least 2 means of
egress remote from each other, one of which shall
be enclosed stairway or a door in a fire wall leading
to another floor separately provided with adequate
stairs or other independent means of exit. Such
doorways serving as an emergency exit in a fire wall
shall be protected by an automatic self closing fire
door as specified in Section 20. No portion of any
floor area shall be more than 100 feet from a place
of egress. Elevators shall not be considered as a
means of egress as specified in this section. Except
in dwellings, no required stairway shall be less than
44 inches wide, and a total width of exit doorway
leading therefrom shall be at least equal to the total
width of the stairway which it serves. The total
width of stairways, interior and exterior, provided
for the occupancy of each floor and those above, shall
not be less than 44 inches for each 50 persons and 12
inches for each additional 50 persons to be accom-
modated thereby. The stair treads shall be not
less than 9 1/2 inches wide and the risers not more
than 7 3/4 inches high. Windows in such stairways
are prohibited. (S27, Ord. 2993, 6-7-24).
5-233. Theatres, stand pipes. In every room used
for the purposes of theaters or moving pictures and
having a seating capacity of 250 or more, and where
scenery is used, a standpipe with hose connection
and hose shall be installed on each side of the stage
under the direction of the Fire Chief. (928, Ord
2993, 6-7-24).
5-234. Area ways. All area ways shall be guard-
ed with suitable railings, or protected by incombus-
tible covers or gratings. If gratings be used they
shall have a wire screen of not more than 1/2 inch
mesh securely attached to the under side. (929, Ord.
2993, 6-7-24).
5-235. Limits of Heights and Area. That except
as specified in Section 30 of Ordinance 2993, Section
5-203, Revised Ordinances 1925, no building hereafter
erected within the corporate limits, having walls of
hollow building tile or concrete blocks, shall exceed
three stories, or 40 feet in height; and no building
5-236. Fire Stops. At each floor level in all
buildings hereafter erected, all stud walls, partitions,
furrings and spaces between joists where they rest
on division walls or partitions, shall be firestopped
with incombustible material in a manner to com-
pletely cut off communication by fire through con-
cealed spaces. Such fire-stopping shall extend the
full depth of the joists, and at least 4 inches above
each floor level. Stair carriages shall be fire-stopped
a t least once in the middle portion of each run. (S5,
Ord. 3623, 11-26-28).
5-237. Frame Construction Defined. A building
having the exterior walls or portions thereof of
wood; also a building with wooden framework ve-
neered with brick, stone, terra cotta, or concrete; or
covered with plaster, stucco or sheet metal, shall be
classed as a frame building. (96, Ord. 3623, 11-26-28)
5-238. Hot Air Pipes and Registers. All heater
pipes from hot air furnaces where passing through
combustible partitions or floors, shall be doubled tin
pipes with at least 1/2 inch air space between them.
Horizontal hot air pipes leading from furnace shall
be not less than 6 inches from any woodwork, unless
the woodwork be covered with loose-fitting tin, or
the pipe be covered with at least 1/2 inch of corru-
gated asbestos, in which latter cases the distance
from the woodwork may be reduced to not less than
3 inches.
No hot air pipe shall be placed in a wooden stud
partition or any wooden enclosure unless at least
5 feet distance horizontally from the furnace. Hot.
air pipes contained in combustible partitions shall
-
.
Ch...5, Art.-2
BUILDING CODES'-:"'Regulations, etc.
be placed. inside another pipe arranged to maintain I on incombustible material which shall extend at least
5/16 inch air space between the two on all sides, or 112 inches in front, (~8, Ord. 3623, 11-26-28).
be securely, covered with 3<8 inch of c(jrru~ated as- 5-240. Heating Furnaces and Appliances. Any
bestos. NeIther the outer pIpe nor the covermg shall d k d 1 th d' 1 t t't'
, " . ' woo wor , woo en a an p as er par I IOn or
be Wlthm 3/8 mch of wooden studdmg, and no wood- 'I' 'th' 4 f t fth 'd b k 6 f t
. cel mg WI m ee 0 e Sl es or ac or ee
en lath shall be used to cover the portIOn of the f f t f h t' b 'I f b k
, , rom ron 0 any ea mg 01 er, urnace, aery
partition in which the hot air pIpe IS located. Hot ff' t f' h t d d k ttl 1
, oven, co ee roas er, Ire- ea e can y e e, aun-
air pipes in closets shall be double WIth a space of d t th' 'I l' h 11 b d
, ry s ove or 0 er slml ar app lance, s a e covere
at least I-inch between them on all sIdes. 'th tIt h ' ht f tIt 4 f t b th
WI me a 0 a elg 0 a eas ee a ove e
Every hot air furnace shall have at least one regis- floor. This covering shall extend the full length
ter without valve or louvres. of the boiler, furnace, or heating appliance, and at
A register located over a brick furnace shall be least 5 feet in front of it. Metal shields shall be
supported by a brick shaft built up from the cover loosely attached, thus preserving an air space behind
of the hot-air chamber; said shaft shall be lined with them. In no case shall such combustible construc-
a metal pipe, and no woodwork shall be within 3 ion be permitted within 2 feet of the sides or back
inches of the outer face of the shaft. of the heating appliances, or 5 feet in front of same.
A register box placed in the floor over a portable No furnace, boiler, range or other heating appli-
furnace shall have an open space around it of not ance, shall be placed against a wall furred with
less than 4 inches on all sides and be supported by wood.
an incombustible border. Hot air registers placed Heating boilers shall be encased on sides and top
in any woodwork or combustible floors shall be sur- by an incombustible protective covering not less than
rounded with borders of incombustible material, not 1 112 inches thick. (~10, Ord. 3623, 11-26-28).
less than 2 inches wide, securely set in place.
The register boxes shall be of metal, and be dou-
ble; the distance betwen the two shall be not less
than one inch; or they may be single if covered with
asbestos not less than 1/8 inch in thickness, and if
all woodwork within 2 inches be covered with metal.
Cold-air ducts for hot-air furnaces shall be made
of incombustible material. (~7, Ord.3623, 11-26-28).
.
5-239. Stoves and Ranges. No kitchen stove or
range in any building shall be placed less than 3
feet from any woodwork or wooden lath and plas-
ter partition, unless the woodwork or partition is
properly protected by metal shields; in which case
the distance shall not be less than 18 inches. Metal
shields shall be loosely attached, thus preserving an
air space behind them.
Hotel and restaurant ranges shall be provided with
a metal hood, placed at least 9 inches below any
wooden lath and plaster or wooden ceiling, and have
an individual pipe outlet connected to a good brick
flue. The pipe shall be protected by at least one
inch of asbestos covering, or its equivalent.
Combustible floors under coal ranges and similar
appliances without legs, in which hot fires are main-
tained, shall rest upon 6-inch foundations built of
incombustible materials supported within the thick-
ness of the floor framing. Such hearths shall extend
at least 24 inches in front and 12 inches on the sides
and back of the range or similar heating appliances.
All coal stoves or ranges, with legs, shall be set
.
5-241. Penalty. That Section 55 of Ordinance No.
2993 being Section 5-255 Revised Ordinances 1925
shall apply in all respects to all of the provisions of
this ordinance to the same extent and with the
same effect as if all of the provisions of this ordin-
ance had been incorporated in said Ordinance 2993
and any person or corporation or any officer, manag-
er, agent, or member of any corporation, partner-
ship or person who shall violate, neglect, or refuse
to comply with, or who resist or oppose enforcement
of any provision of this ordinance shall be punished
as provided in said Section 55. (~11, Ord. 3623, 11-
26-28) .
5-242. Canopies or marquees. It shall be unlaw-
ful to erect or construct any canopy or marquees at-
tached to a building or structure without first sub-
mitting plans for same and also of the part of the
building or other structure to which the same is to
be attached, to the Building Inspector for his ap-
proval. No permit shall be issued unless the plans
for such canopy or marquees shall be approved by
the Building Inspector. The owner or agent shall
pay to the Building Inspector a fee of $2 for said
permit. No canopy or marquees which projects
over any sidewalk or other public place shall, at any
time, be enclosed by canvas or other cloth or material
in whole or in part so as to obstruct free passage
underneath same; and shall be at least 8 feet from
the sidewalk to the lowest part of same. (~31, Ord.
2993, 6-7-24).
23
24
BUILDING CODES-Regulations, etc.
Ch. 5, Art. 2
1);-.243. Awnings; <listance above sidewalk. All
rolling, folding or otherwise movable awnings at~
tached to any building or structure and projecting
over any sidewalk or other public place shall be so
constructed and attached to such building or struc-
ture to meet the approval of the Building Inspec-
tor. All such awnings, when extended over such
sidewalk or public space, shall have a clear unob-
structed distance of 6 feet, 6 inches from the side-
walk to the lowest part of such awning. (S32, Ord.
2993, 6-7-24).
5-244. Signs or awnings, canopies, etc. No mar-
quees, canopy or awning shall have attached thereto
any placards, streamers or other advertising de-
vices of any kind, except such as may be planned
thereon or made a permanent part thereof, and
except that no marquees or canopy shall have at-
tached thereto any illuminated or other signs unless
of a permanent nature and well anchored; and in no
case shall signs extend more than 2 feet above the
roof of such marquees or canopy. (S33, Ord. 2993,
6-7-24).
5-245. Streets, portion occupied during construc-
tion; permit; sidewalks open. The extent of occupa-
tion of sidewalk and street to be covered by the
terms of a permit for street obstruction or building
shall be as follows: Such permit shall not authorize
the occupation of any sidewalk or street or part
thereof other than that immediately in front of the
lot or lots upon which any building is in the process
of erection and in relation to which such permit is
issued. During the progress of building operations,
a sidewalk not less than 4 feet wide, shall be at all
times kept open and unobstructed for the purpose
of passage in front of such lot or lots. Such side-
walk shall, if there are excavations on either side
of same be protected by substantial railings which
shall be built and maintained thereon so long as ex-
cavations continue to exist. It is not intended here-
by to prohibit the delivery of material across such
sidewalk from the curb line to the building side.
(S34, Ord. 2993, 6-7-24).
5-246. Scaffolds over sidewalks during construc-
tion. When buildings are erected at a height great-
er than 4 stories and such buildings are near the
street line, there shall be built over the adjoining
sidewalk a roof having framework composed of sup-
ports and stringers of 2 by 12 timbers not more than
4 feet from center to center, covered by 2 layers of
2-inch plank. When additional stories are added to
an existing building and such building is located
near the street line, there shall be built over side-
walks, at.a point where the new stories commence,
a scaffoldnotless than 6 feet wide, which shall form
a .covering over the sidewalk composed of framework
of stringers and supports covered by 2 layers of 2-
inch plank. Such framework and covering shall be
of such construction and design as shall be satis-
factory to the Building Inspector. Such roof shall
be maintained as long as material is being used or
handled on such front above the level of the side-
walk. Temporary sidewalks, their railings, ap-
proaches and roofs over same shall be made with
regard to ease of approach, strength and safety to
the satisfaction of the Building Inspector. (S35,
Ord. 2993, 6-7-24).
5-247. Street for storing building material. The
occupation of a street for storage of building ma-
terial for any building or for temporary sidewalks
shall never exceed 1/3 of the width of the roadway
of same and in no event shall any material be stored
or placed within 4 feet of any steam or street rail-
way track and in all cases where such obstruction
of a street is made there shall be a clear space of
not less than 1 foot between the obstruction and
curb line. (S36, Ord. 2993, 6-7-24).
5-248. Derricks on sidewalks or streets. For all
buildings more than 4 stories high, the use of der-
ricks upon sidewalks or streets is prohibited. In
no case shall the guy lines be less than 15 feet above
the roadbed. (937, Ord. 2993, 6-7-24).
5-249. Occupying streets; red lanterns. The per-
mission to occupy streets and sidewalks for the pur-
pose of building is intended only for use in connec-
tion with actual erection, repair, alteration or re-
moval of buildings and shall terminate with the
completion of such operation. It shall be unlawful
to occupy any sidewalk or street after the completion
of the operation for which a permit has been issued
by the Building Inspector. It shall also be unlawful
to occupy a sidewalk or street, under authority of
such permit, for the storage of articles not intended
for immediate use in connection with the operation
for which such permit has been issued. Red lanterns
shall be displayed and maintained during the whole
of every night at each end of every pile of material
in any street or alley and at each end of every ex-
cavation. (S38, Ord. 2993, 6-7-24).
5-250. Storage of gasoline, etc., within 180 feet
of school. It shall be unlawful for any person, firm
or corporation to build, construct, locate or maintain
in the same block with any public or parochial school,
public park or public playground, or across any street
-
.
Ch. 5, Art. 2
BUILDING CODES-Re~ulations, etc.
25
.
from and directly opposite to any block in which is
located any such school, park or playground, any
tank or other receptacle, or gasoline filling station,
or any gasoline pump, for the purpose of storing 01'
dispensing at wholesale or retail any gasoline, oils,
or other inflammable liquids or explosives; provided,
however, that where in the opinion of the Board
of Commissioners it will not be detrimental to the
best interests of the city, and such location is ap-
proved by the Board of Education of such city, the
Board of Commissioners may grant permission for
the location of a filling station with the necessary
appurtenances thereto across the street from and
opposite to a block in which any such school, park
or playground is located, if such location is not in
a block directly opposite to that portion of any block
on which the grounds of any such school, park or
playground is situated, and if no part of the grounds
occupied by such filling station lies within 180 feet
of any part of the grounds of any such school, park
or playground. (~39, Ord 2993, 6-7-24; Amd. ~1,
Ord. 3639, 12-26-28; Amd. ~1, Ord. 3811, 11-23-29).
5-251. Chimneys; flues; fireplaces-Regulations.
All chimneys, flues and fireplaces hereafter built or
rebuilt in all public or private buildings in the City
of Salina, Kansas, shall conform to all provisions and
requirements of this ordinance. (~1, Ord. 2636, 12-
12-28).
5-252. Same-Prohibited-When. If any chimney,
flue or fireplace is, or shall be of such construction
or in such condition as to be liable to set a fire, the
use of such chimney, flue or fireplace for firing
purposes, is and shall be prohibited. (~2, Ord. 3623,
12-12-28).
5-253. Same-Construction. Except as herein pro-
vided, all chimneys in every building hereafter erect-
ed and all chimneys hereafter rebuilt, regardless of
the kind of fuel used, shall be built of brick, con-
crete or stone and shall be lined continuously from
the bottom to its extreme height with fire-clay flue
lining or with fire brick. Chimneys built of brick
or concrete shall have walls at least four inches
thick and if built of stone the walls shall be at least
eight inches thick. Brick set on edge shall not be
permitted in chimney construction. Chimneys built
of concrete shall be reinforced vertically and hori-
zontally to avoid cracking. (~3, Ord. 3623, 12-12-28).
5-254. Same-Wood prohibited. Chimneys shall
not rest upon or be carried by wooden floors, beams
or brackets, or be hung from wooden rafters. Iron
brackets or stirrups attached to wooden construction
shall not be used to support chimneys. In frame
.
buildings, chimneys shall be built from the ground
up, or rest on basement walls. (~4, Ord. 3623, 12-
12-28).
5-255. Wall support. No wall less than 12 inches
thick shall be used to support a corbeled chimney and
such corbeling shall not project more than 6 inches
from the wall and shall consist of at least five
courses of brick. (~5, Ord 3623, 12-12-28).
5-256. Extension above roof; mortar. All chim-
neys shall be built as nearly vertical as possible and
shall extend at least 3 feet above flat roofs and 2
feet above the ridges of peak roofs. Portland cement
mortar only shall be used in the construction of
chimneys, except where fire brick is used for lining,
when fire-clay mortar shall be used. (~6. Ord. 3623,
12-12-28) .
5-257. Metal stacks. Metal smokestacks may be
permitted for boilers, furnaces and similar appara-
tus, provided they have a clearance from all com-
bustible material of not less than one-half the diam-
eter of the stack, but in any case not less than 9
inches. Where such stack passes through a roof, it
shall be guarded by a galvanized thimble extending
from at least 9 inches below the underside of the ceil-
ing or roof beams to at least 9 inches above the roof,
and the diameter of the ventilating thimble shall
be not less than 36 inches greater than that of the
smokestack. Metal smokestacks shall be permitted
to pass through floors. (~7, Ord 3623, 12-12-28).
5-258. Fireback-Grates. The fire back of every
fireplace hereafter erected shall be not less than 8
inches in thickness of solid brickwork, or not less
than 12 inches of stone lined with fire brick. When
a grate is set in a fireplace a lining of fire brick at
least 2 inches in thickness shall be added to the
fire back, or a lining of soapstone, tile, or cast iron
may be used, if solidly packed with brick or con-
crete. (~8. Ord. 3623, 12-12-28).
5-259. Woodbeams near chimneys. No wooden
beams or joists shall be placed within 2 inches of the
outside face of a chimney or flue, whether the same
be for smoke, air, or any other purpose.
No woodwork shall be within 8 inches of the back
wall or any fireplace.
All spaces between the chimney and the wooden
beams shall be solidly filled with mortar, mineral
wool, or other incombustible material.
The header beam, carrying the tail beams of a
floor, and supporting the trimmer arch in front of a
fireplace, shall be not less than 20 inches from the
chimney breast.
26
BUILDING CODES-Regulations, etc.
Ch. 5, Art. 2
No wooden furring or studding shall be placed hereafter erected, in which a temperature of 125
against any chimney; the plastering shall be directly degrees F. or over may exist. If the temperature
on the masonry, or on metal lathing. . is under 125 degrees F. the dry room may be con-
Woodwork fastened to plaster which is against the I st.'-'ucted ?f wood, but it shall b~ lined throughou:
masonry of a chimney shall have a layer of asbestos wIth 1/8 Inch asbestos, covered wIth sheet metal. If
board at least 1/8 inch thick placed between the windows are placed in walls or ceilings of dry rooms
woodwork and the plaster. (~9, Ord. 3623, 12-12-28) they shall be of incombustible frames and set with
5-260. Smoke pipe regulations. No smoke pipe wired glass. (~45, Ord. 2993, 6-7-24).
shall be within 9 inches of any woodwork, or any
wooden lath and plaster partitions, or ceilings.
Where smoke pipes pass through a wooden lath
and plaster partition, they shall be guarded by gal-
vanized iron ventilated thimbles at least 12 inches
larger in diameter than the pipes, or by galvanized
iron thimbles built in at least 8 inches of brick work
or other incombustible material.
No smoke pipe shall pass through any floor, or
combustible roof of any building. (~10, Ord. 3623,
12-12-28).
5-261. Building Inspector; Fire Chief Inspection;
may condemn. The Building Inspector and the Chief
of the Fire Department or their duly authorized as-
sistants shall have concurrent authority to enforce
or cause to be enforced the requirements and pro-
visions of this ordinance. It shall be their duty to
inspect all new and rebuilt chimneys and for that
purpose they shall have the right to enter any build-
ing during reasonable hours. They shall have the
power and authority to condemn any and all chim-
neys which in their opinion are an unsafe or danger-
ous condition or the construction of which does not
comply with the requirements and provisions of this
ordinance and shall order such chimneys as he may
condemn to be repaired, rebuilt or torn down, and
such order shall be complied with within ten days
and the use of the same shall be immediately dis-
continued. (~1l, Ord. 3623, 12-12-28).
5-262. Violation; Penalty. Any person, firm or
corporation violating any of the provisions of this
ordinance shall be 'deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be fined in any
sum not less than five dollars ($5) nor more than
twenty-five ($25) dollars for each offense. Each day
that any of the provisions of this ordinance shall be
violated shall constitute a separate offense. (~12,
Ord. 3623, 12-12-28).
5-263. Rat proof. All buildings hereafter erected
or altered shall be made rat proof as far as practic-
able to prevent the harboring and breeding of rats.
(~44, Ord. 2993, 6-7-24).
5-264. Dry rooms. No combustible material shall
be permitted in the construction of any dry room
5-265. Gas, gasoline, etc., stoves. All gas, gaso-
line, oil or charcoal burning stoves or heating devices
shall be placed on iron stands at least 6 inches above
combustible supports unless the burners are at least
5 inches above the base with metal guard plates 4
inches below the burner. No open flame heating or
lighting device shall be used in any room where
gasoline or other volatile inflammable materials are
stored or handled. (~46, Ord 2993, 6-7-24).
5-266. Gas connections; rubber tubing. Gas con-
nections to stoves and similar heating devices shall
De made by rigid metal pipes. For small portable
heating devices flexible steel or rubber tubing may
De used when there is no valve or shutoff on the de-
vice. (~47, Ord. 2993, 6-7-24).
5-267. Vent flues or ducts. Vent flues or ducts
lor the removal of all foul or vitiated air in which
,he temperature of the air cannot exceed that of the
room shall be constructed of metal or other incom-
Dustible material and no such flues shall be used
lor any other purpose. (~48, Ord. 2993, 6-7-24).
5-268. Building designed to carry load. All parts
of every building shall be designed to safely carry
the load to be imposed thereon and shall, in all re-
spects, conform to good engineering practice. (~49,
Ord. 2993, 6-7-24).
5-269. Building Inspector; powers. The Building
Inspector is empowered to enter any building or
structure or pr.emises, whether complete in the pro-
cess of erection for the purpose of determining
whether the same has been or is being constructed
and maintained in accordance with the provisions
of this chapter, and it shall be unlawful to exclude
him from any such building, structure or premises.
If, at any time, the Building Inspector shall find
that any part of any such building has been or is
being constructed in violation of the terms of this
ordinance, or any other ordinance of the City of
Salina, then such Building Inspector may require
that any such work be corrected in order to comply
with this ordinance, or if such correction cannot be
made, then the defective or insufficient part of said
work shall be torn out, and after any such work has
.
Ch. 5, Art. 2
BUILDING CODES-Regulations, etc.
27
been condemned by the Building Inspector the con-
struction of such building shall not continue until
such defective work is corrected or rebuilt. (~50,
Ord. 2993, 6-7-24).
5-270. Inspector; enforce ordinances. The Build-
ing Inspector is hereby authorized and empowered,
and it shall be his duty, first to enforce all ordinances
relating to the construction, equipment, management
and conditions of all property within the City and
second, to report monthly to the City Manager or
City Commissioners regarding the conditions of the
City and all matters pertaining to fire prevention.
(~51, Ord. 2993, 6-7-24).
.
5-271. Buildings unsafe; unsanitary; nuisance.
Every building or structure constructed or maintain-
ed in violation of this ordinance, or which is in an
unsanitary condition or in an unsafe condition or
dangerous condition, or which is, in any manner,
dangerous to health or safety of any person or per-
sons, is hereby declared to be a public nuisance.
Every building or part thereof, which is in an un-
sanitary condition, by reason of the basement or
cellar being damp or wet, or by reason of the floor
of such basement being covered with stagnant water
or by reason of the presence of sewer gas, or by
reason of any portion of a building being infected
with disease or being unfit for human habitation,
or which is a source of sickness, or which endangers
public health in any manner, is hereby declared to
be a public nuisance. (~52, Ord. 2993, 6-7-24).
5-272. Plans and specifications filed with Inspec-
tor. . Whenever an application for a permit is made,
the Building Inspector may, if he deems it necessary
in order to determine whether the proposed construc-
tion will comply with the provisions of this ordin-
ance, require that the applicant for such permit file
with said Building Inspector such plans, specifica-
tions, drawings or written description of such pro-
posed building as may have been prepared therefor,
or if none have been prepared or if those which have
been prepared are insufficient to enable the Building
Inspector to determine whether or not the proposed
building will comply with the terms of this ordin-
ance, then the Building Inspector may require the
.
applicant to file plans, specifications, drawings or
written description of such building or any part
thereof as may be necessary, which shall be suffi-
cient to enable the Building Inspector to dewrmine
whether the building or any part thereof will com-
ply with this ordinance and untiI the same are filed
no permit shall be issued by the Building Inspector,
provided, however, that the filing of such plans,
specifications or written description and the approval
thereof shall not in any way affect the rights and
duties of the Building Inspector as herein otherwise
defined. (953, Ord. 2993, 6-7-24).
5-273. Application for permit. Before any permit
shall be granted, the applicant therefor shall file with
the Building Inspector, on a form to be provided for
such purpose, a written application containing such
information relative to the proposed building as may
be required by the Building Inspector and which
shall state the proposed location, the estimate cost,
the size, character and kind of construction and pro-
posed use of such building, together with plans,
specifications, drawings or a written description
thereof as herein provided, when the same may be
required by the Building Inspector. (~54, Ord. 2993,
6-7-24).
5-274. Violation of ordinance; penalty. Any per-
son or corporation, or any officer, manager or agent
or member of any corporation, partnership or per-
son who shall violate, neglect or refuse to comply
with, or who resists or opposes the enforcement of
any of the provisions of this ordinance shall be
deemec guilty of a misdemeanor and upon conviction
thereof shall be fined not less than $10.00 nor more
than $200.00 for each offense and every such person
or corporatiolr or any officer, manager, agent or
member of any corporation, partnership or person
shall be deemed guilty of a separate offense for every
day on which such violation, neglect or refusal shall
continue, and any builder or contractor who shall
construct any building in violation of any of the pro..
visions of this ordinance and any architect design-
ing, drawing plans for, having charge of such build-
ing or who shall permit it to be so constructed, shall
be liable to the penalties herein provided. (~55, Ord.
2993, 6-7-24).
.
.
ARTICLE 3.-Electrical Code.
BillLDING CODES-Regulations, etc.; Electrical
29
Ch. 5, Art. 3
5-301. Electrical Inspector, Building Inspector ex-
officio. l'hat the office of Electrical Inspector in and
for the City of Salina, Kansas, is hereby created and
said office shall be tilled by appointment of the City
Manager and confirmed by the Board of Commis-
sioners and shall be paid such salary as may now or
hereafter be fixed by the Board of Commissioners.
Said Electrical Inspector shall be a competent elec-
trician and well versed in the rules and requirements
of the National Electrical Code. Before assuming
authority conferred by this ordinance, the Electrical
Inspector shall take oath usually administered to
other City officials, and shall give a bond to the
City of Salina of the penal sum of One Thousand
Dollars ($1000.00), conditioned upon the faithful per-
formance of his duties; provided, however, that the
Building Inspector, if qualified, may at the direction
of the City Manager be appointed as such Electrical
Inspector, in which event however, said official shall
receive no further or other salary or remuneration
than that due him as said Building Inspector. (~1,
Ord. 3003, 7-16-24).
5-302. Inspector's duty. The Electrical Inspector
shall have general supervision over the placing and
installation of all electric light, heat and power
wires, fixtures, appliances, conductors, apparatus and
their supports in and upon all buildings, shops, out-
houses, sheds and other structures within the City
of Salina in accordance with the provisions of the
ordinances of the City governing the placement and
installation of electrical wiring and appliances there-
in.
It shall be the duty of said Electrical Inspector
to inspect all electric light, heat and power wires,
fixtures and appliances, conductors, apparatus and
their supports placed in or upon any building within
the City of Salina, regardless of whether such plac-
ing or installation is done or made by persons, firms
or corporations engaged in the business of electrical
construction or by persons, firms or corporations
engaged in other business, but doing their own elec-
trical construction work through men in their own
employ. (~2, Ord. 3003, 7-16-24).
5-303. Entering buildings. The said Electrical
Inspector or competent assistant appointed by him
shall have the right, during reasonable hours, to en-
ter any building, manhole or subway in discharge
of his official duties or for the purpose of making
any test of the electrical apparatus or appliances
therein contained, and for that purpose, shall be
given prompt access to all buildings private or public,
.
and to all manholes and sub-ways, upon application
to the company or individual owning or in charge
01' control of the same, and it shall be unlawful for
any such owner or person in charge thereof to refuse
to permit or prevent the Electrical Inspector from
entering any such building, manhole or sub-way.
(~3, Ord. 3003, 7-16-24).
5-304. Special decisions. The Electrical Inspector
shall decide all questions not provided for in this
ordinance pertaining to installation, operation or
maintenance of electrical wiring and apparatus. (~4,
Ord. 3003, 7-16-24).
5-305. In case of fire. The Electrical Inspector,
the Fire Chief or his deputy shall have the power
to, at once, cause the removal of all wires or the
turning off of all electrical currents where the same
shall interfere with the work of the Fire Depart-
ment during the progress of a fire. (~5, Ord. 3003,
6-17-24).
5-306. License and bond. Before any person or
persons, firm of corporation shall be granted a li-
cense by the City Clerk to engage in the wiring
business for the purpose of placing any wiring with-
in or upon any building within the corporate limits
of the City of Salina, he or they shall pay to the
City Clerk a license fee of $25.00 per year, which
license shall be good until the 31st day of December
following the granting thereof and no longer, and
shall execute a good and sufficient surety bond in
the sum of Five Hundred Dollars ($500.00) the same
to be approved by the Board of Commissioners, con-
ditioned for the good and faithful performance of
work done by him or them, upon or within any build-
ing within the City, 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,
and it shall be unlawful for any person, firm or cor-
poration or agent thereof to engage in such business
before securing such license and until the furnishing
and approval of such bond; provided however, that
if prior to the adoption of this ordinance any person,
firm of corporation shall have secured or paid for a
license under the provisions of Ordinance No. 2500,
no new license shall be required hereunder until the
expiration of such old license, and that at the ex-
piration of such old license any renewal thereof shall
be issued for a period from the date of such expira-
tion to the 31st day of December next following the
fee therefor to be pro-rated according to the length
of time between such expiration and the December
31st thereafter. (~6, Ord. 3003, 6-17-24).
30
BUILDING CODES,-,Regulations, etc.; Electrical
Ch. 5, Art. 3
5-307. Permits and fees. No corporation,. co~part-
nership, association or individual shall make any in-
stallation of wiring for the transmitting of electrical
current for light, heat or power or make any changes
or. additions to any wiring that has already been
installed in or. upon any building in the City of
Salina without the owner or electrical contractor
or person doing such work first obtaining from the
Electrical Inspector a permit covering such work.
A complete record shall be kept by the Electrical
Inspector of all such permits issued and he shall
make a thorough inspection of all work covered by
such permits issued. Such inspections shall be made
in accordance with the rules of the National Board
of Fire Underwriters and ordinances of the City
of Salina that have been enacted or may hereafter
be enacted and collect the following fees from the
electrical contractor, individual or property owner
at the following rates: For the first g outlets, 60c
and 5c pel' outlet for the next 40 outlets and 2c per
outlet for all additional. For finish inspections, 50c
for the first 30 fixtures and 2c per fixture for each
additional fixture over 30. Drop cords and recepta-
cles. counted as fixtures. Motors, 1 to 5 H. P., 50c;
7'72 to 10 H. P., 75c; 15 to 20 H. P., $1.00; 25 H. P.
and over $1.50.
For new meter location, 25c each; for electric
signs 75c for each 30 outlets or less and 25c for
each thirty outlets or fraction thereof additional.
Whenever current is turned on before the entire
work covered by the permit is finished and approved,
there shall be paid to the Inspector an additional in-
spection fee of 50c for each subsequent inspection
in addition to the regular fees above provided for.
Upon final inspection and approval of any work and
upon payment of all fees herein provided for, the
Electrical Inspector shall furnish in duplicate, to
the party to whom the permit was issued his certifi-
cate showing such approval, one copy of which shall
be furnished to the company furnishing the electric
current before such current shall be turned on.
All fees collected by and paid to the Electric In-
spector or to any of his assistants or deputies shall
be paid into the City Treasury and accounted for by
the Electrical Inspector, and a duplicate report and
accounting of all moneys collected by him shall be
filed with the City Clerk and all moneys shall be paid
into the City Treasury not later than the 10th day
of the month following the month in which such col-
lections were made. (S7, Ord. 3003, 6-17-24).
5-307a. No permit until license secured and other
provisions complied with. No permit as provided for
in Section 7 of this ordinance shall be granted or
issued to any person, firm or corporation unless and
until such persc,lll, firm or corporation shall have se-
cured and paid for a license as required by Section
Number 6 of this ordinance 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 com-
plied with by the person, firm or corporation apply-
ing for such permit. (~7a, Ord 3003; Amd. by ~1,
Ord. 3046, 11-24-24).
5-308. Wire over streets. Every corporation, co-
partnership, association or individual owning or op-
erating a line of wires over streets, alleys or build-
ings in the City shall use only wires that are suit-
able and strong; shall suitably and safely attach
them to strong and sufficient supports and insulate
them at all points of attachment; shall remove all
wires abandoned for use; shall suitably insulate
every wire where is enters a building and if such
wire is other than wire designated to carry an elec-
cricallight or power current, it shall be attached at
suitable and convenient points in the circuits, calcu-
lated to prevent danger from fire and near the
place of entering the building an appliance calculated
to prevent at all times a current of electricity of
such intensity or volume as to be capable of injuring
electrical instruments or cause fire from entering by
means of such wire beyond the point at which such
appliance is attached. (S8, Ord. 3003, 7-16-24).
-
5-309. Code. The installation of electrical wiring
and apparatus for the utilization of electrical cur-
rent shall be made in accordance with the current
issue of the National Electrical Code of the National
Board of Fire Underwriters. (S9, Ord. 3003, 7-16-24)
5-310. Service entrance. Service wires must be
in rigid iron conduit and must be brought in on the
alley side of the building. (Where there is no alley
or more than one alley the electrical Contractor must
consult the electrical Inspector before the service is
run) and such wires must not be brought out of the
building over 30 feet from the ground. Service con-
duits must be provided with an approved entrance
fitting, having separate bushed holes of non-combus-
tible material, service wires to be not less than No.
10 B & S gauge and terminate into an externally
operated service switch, meter trim type with test
clips or blades and necessary fuse for each circuit.
(SID, Ord. 3003, 7-16-24).
5-311. Service switches. Service switches within
the fire limits shall be three wire for three circuit
and larger installations. Outside the fire limits three
-.
.
Ch. 5, Art. 3
BUILDING CODES-Regulations, etc.; Electrical
wires for five circuits and larger installations.
Three wire for apartment houses of three or more
apartments within the corporate limits. In all in-
stallations within the fire limits at least one spare
circuit must be provided. (~11, Ord. 3003, 7-16-24).
5-312. Panel box. Panel boxes shall be used on
all installation of five circuits and larger. (~12,
Ord. 3003, 7-16-24).
5-313. Garage wires. All wires running from
house to garage or other out buildings shall be not
less than No. 12 B & S gauge weatherproof wire
supported on wood or iron brackets having glass or
porcelain insulators. (~13, Ord. 3003, 6-17-24).
5-314. Meter location. Meters shall be located in
finished basements, at grade door, or in kitchen, or
may be on back porch when properly protected from
the weather. (~14, Ord. 3003, 6-17-24).
5-315. Low ceiling wires. When wires are run
beneath the ceiling in kitchens or other rooms where
the ceiling is not over eight feet the same shall be
run in metal moulding or metal conduits. (~15, Ord.
3003, 6-17-24).
.
5-316. Conduit or metal raceways. Approved me-
tallic conduits shall be used for inclosing all electric
light and power wiring in new buildings, the rewiring
of old buildings and in any installation in old build-
ings, or additions thereto located within the fire
limits, also in churches, theaters and other places
used for public gatherings, garages designed for the
occupancy of more than two cars, commercial houses,
manufacturing plants of all descriptions and apart-
ment houses designed for the occupancy of more
than three families and all office buildings in the
City of Salina. All wiring for electric power, electric
ranges and rectifiers in whatever location shall be
installed in metallic conduits. (~16, Ord. 3003, 6-
17-24) .
5-317. Motor Switches. All circuits for operating
motors above three H. P. and below 7lh H. P. above
150 volts, shall be equipped with a safety starting
switch inclosed in a metal cabinet externally operated
and shall be equipped with two sets of cartridge
fuses, one for starting and one for running, or ap-
proved Thermal cut-outs. All circuits for operating
motors above 5 H. P., capacity shall be equipped with
a safety switch enclosed in a metallic cabinet ex-
ternally operated, equipped with cartridge fuses and
starting device approved by the Electrical Inspector.
(~17, Ord. 3003, 6-17-24).
.
5-318. Defective wiring. The Electrical Inspector
shall make a thorough inspection of all electrically
wired buildings within the City upon request, or
whenever he deems it necessary, and where wires
or appliances used therein are in dangerous or un-
safe condition, so as to endanger life or property he
shall notify in writing the person, firm or company
owning, using or operating same, giving said per-
son, firm or company a suitable 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 re-
fusing within said time to make the necessary re-
pairs or changes and to have necessary work com-
pleted within the specified time, shall be deemed
guilty of a violation of this ordinance. The Elec-
trical Inspector shall then have authority to order
the supplying company to discontinue electric ser-
vice to said defective wires or appliances until such
defects shall be repaired in accordance with the re-
quirements of this ordinance. No corporation, co-
partnership, association or individual or agent there-
of, shall supply or cause to be supplied any electric
current to conductors or apparatus which has been
found by said Electrical Inspector to be in an unsafe
condition or which has not been installed in con-
formity with the provisions of this ordinance and
from which the said Electrical Inspector has ordered
the electric current to be turned off. (~18, Ord.
3003, 6-17-24).
5-319. Circuits. Not more than 12 openings or
660 watts shall be allowed on anyone circuit without
special permission from the Electrical Inspector.
(~19, Ord. 3003, 6-17-24).
5-320. Bath room lights. Bathroom lights here-
after installed must be operated by wall or ceiling
switches. (~20, Ord. 3003,6-17-24).
5-321. Header boards. All light outlets in new
work and when possible in old work shall have suit-
able supports extending from joist to joist and board
back of the main entrance switch, and extend above
same to accommodate meter on plastered walls in
all old work. (~21, Ord. 3003, 6-17-24).
5-322. Armoured cable. Armoured cable may be
used on old house work and upon special permission
from the Electrical Inspector. (~22, Ord. 3003,6-17-
24).
5-323. Receptacle openings. Where there are
more than two receptable openings on a circuit, all
31
32
BUILDING CODES-Regulations, etc.; Electrical
Ch. 5, Art. .3
I
such receptacle openings shall be put on a separate I 5-328. Alteration or changing. No alteration or
circuit run. through cellar fused not over 15 amperes <:hange ::;hall be made in the electric wiring or ap-
and run with No. 12 B & S gauge wire. (S23, Ord. . paratus located within a building for use in con-
3003, 6-17-24). nection with the production of electric light, heat or
power, nor shall any apparatus be installed in any
building therefor, nor shall any change be made in
any wiring or apparatus after inspected without first
notifying the Electrical Inspector. (S28, Ord. 3003,
6-17-24) .
5-324. Setting meter. No person or company fur-
nishing electrical power or current shall set meter
or turn current on any new wiring or repaired or
altered wiring before receiving an Inspection Certifi-
cate from the Electrical Inspector certifying his ap-
proval of such wiring. (S24, Ord. 3003, 6-17-24).
"
5-325. Size of wire and switch. The size of wire
to be used for motors for 220 V-3 phase, shall be a::;
follows:
1 H. P. or less No. 14 B & S Gauge Wire and 30
amp. switch.
2 H. P. or less No. 12 B & S Gauge Wire and 30
amp. switch.
3 to 5 H. P. No. 12 B & S Gauge Wire and 30
amp. switch.
7 H. P. No.8 B & S Gauge Wire and 60 amp.
switch.
10 H. P. No. 6 B & S Gauge Wire and 100 amp.
switch.
15 H. P. No.4 B & S Gauge Wire and 100 amp.
switch.
20 H. P. No.2 B & S Gauge Wire and 100 amp.
switch.
25 H. P. No.1 B & S Gauge Wire and 200 amp.
switch. (S25, Ord. 3003, 6-17-24).
5-326. Wires interfering with firemen. No wire
or wires shall be installed or operated or maintained
over any street, alley, sidewalk or building in the
City of Salina which shall be liable to seriously in-
terfere with the work of the Fire Department in
the use of ladder or other apparatus, or which shall
obstruct or render hazardous the use of fire escapes,
or which shall render any street, alley or sidewalk
dangerous or hazardous to any person traveling
thereupon and on complaint of the Fire Chief, said
obstructing wires shall be removed or properly re-
arranged. (S26, Ord. 3003, 6-17-24).
5-327. Concealed wiring. No corporation, co-part-
nership, association or individual or agent thereof
shall hereafter conceal or cause to be concealed any
electrical wiring or apparatus mentioned in this or-
dinance until after the same has been inspected and
approved by the Electrical Inspector, and he is here-
by authorized and directed to remove any flooring,
lathing or plaster, sheet metal or other material
which may conceal any electrical wiring or appara-
tus contrary to the provisions of this ordinance.
(S27, Ord. 3003, 6-17-24).
5-329. Inspections. Upon the completion of the
installation of electrical wires and apparatus in any
building for use in connection with electric light,
heat or power it shall be the duty of the corpora-
tion, co-partnership, association or individual doing
the same to notify the Electrical Inspector or compe-
tent assistant deputized by him who, shall, at once,
inspect the same and if approved by him the Inspec-
tor or deputy shall issue a certificate of satisfactory
inspection, which shall contain the date of inspection
and outline on the results of such examination and
~hall post a notice to that effect at the main cutout
center and said notice shall be considered as an ex-
press permission to conceal said electrical wiring and
apparatus, but no certificate shall be issued unless
all apparatus, wires, etc., connected therewith are in
strict conformity with the rules and regulations
herein set forth, nor shall current be turned on any
wiring or apparatus until a certificate of satisfactory
inspection is issued. (S29, Ord. 3003, 6-17-24).
-,
5.330. Release of responsibility. This ordinance
shall not be construed to relieve or lessen the re-
sponsibility of any corporation, co-partnership, as-
sociation, individual or agent thereof, installing,
operating or controlling any electrical wiring or ap-
paratus for damages to anyone injured thereby,
nor shall the City be held as assuming any liability
by reason of the inspection authorized herein or
certificates or permit pursuant to the provisions of
this ordinance. (S30, Ord. 3003, 6-17-24).
5-331. Enforcement. It shall be the duty of the
Electrical Inspector to enforce the provisions of this
ordinance or any ordinance now in force or which
may hereafter be adopted concerning electrical wir-
ing or apparatus. (S31, Ord. 3003, 6-17-24).
5-332. Penalty; violation of Sees. 5-301 to 5-331.
Any corporation, co-partnership, association or in-
dividual or agent thereof found guilty of violating
any of the provisions of this ordinance or neglecting
or refusing to comply with any orders or notices of
the Electrical Inspector, made pursuant to the pro-
visions of this ordinance, shall be fined not less than
.
Ch. 5, Art. 3
BUILDING CODES-Regulations, etc.; Electrical
33
.
Five Dollars ($5.00) nor more than Fifty Dollars
($50.00) and the costs of prosecution for each and
every offense. (~32, Ord 3003, 6-17-24).
5-333. Rules governing back porch meters. The
Electrical Ordinance permits the installation of elec-
tric meters on the back porch where the installation
is properly protected from the weather.
Back porch installations are permissible only when
one end of the porch is closed and the meter is set
at least SIX feet from the open end.
Where these conditions cannot be met, the meter
installation must be enclosed in a protecting OOX
which allows at least 6 inches clearance between the
edge of the meter and the box on both sides and on
top. (Rules of Dept.)
5-334. Radio interference prohibited. That it shall
be unlawful for any person, firm, co-partnership, as-
sociation, or corporation knowingly or wantonly to
operate or cause to be operated, any wire or wires
for carrying electric energy, or any machine, de-
vice, apparatus, or instrument of any kind whatso-
ever within the corporate limits of the City of Salina,
Kansas, the operation of which shall cause reason-
ably preventable electrical interference with radio
reception, within said municipal limits; Provided,
however, that x-ray pictures, examinations, or treat-
ments may be made at any time if the machines
or apparatus used therefor are properly equipped to
avoid all unnecessary or reasonably preventable in-
terference with radio reception and are not negli-
gently operated. (~1, Ord. 4605, 1-13-36).
5-335. Building Inspector; Police; right of inspec-
tion. The building inspector of the City of Salina
or any police officer of said city or any person de-
signated by the governing body of such city for such
purpose, shall have the right at any reasonable hour
.
to enter any place of business or other premises in
the City of Salina for the purpose of inspecting 01'
locating or attempting to locate any wires, machine,
device, apparatus or instrument of any kind whatso-
ever, which is or may be kept or operated on any such
premises in violation of the provisions of this ordin-
ance, and any person who shall prevent or attempt
to prevent such building inspector or police officer
or any person designated by the governing body of
such city for such purpose, from entering any pre-
mises in the City of Salina for such purpose shall
be deemed guilty of a violation of this ordinance.
(~2, Ord. 4605, 1-13-26).
5-336. Exemptions. That this ordinance shall not
be held or construed to embrace or cover the regu-
lation of any transmitting, broadcasting or receiving
instrument, apparatus, or device used or useful in
interstate commerce or the operation of which in-
strument, apparatus, or device is licensed or au-
thorized by or under the provisions of any act of
the Congress of the United States. (~3, Ord. 4605,
1-13-36) .
5-337. Violation; penalty. That every person,
co-partnership, association, firm or corporation vio-
lating or who shall cause, permit or direct the vio-
lation of any of the provisions of this ordinance, or
who shall permit to be kept or operated on any pre-
mises in said City, under the control of, or in the
possession of, any such person, co-partnership, as-
sociation, firm or corporation any machine, device,
apparatus or instrument, the operation of which is
. in violation of any of the provisions of this ordin-
ance shall, upon conviction, be punished by a fine of
not more than Twenty-five ($25.00) dollars. Each
day during which such violation continues shall con-
stitute a separate offense. (~4, Ord. 4605, 1-13-36).
.
.
.
Ch. 5, Art. 4
BUILDING CODES-Regulations, etc.; Plumbing Ordinance
ARTICLE 4.-Plumhing Code.
(Published in Book of Revised Ordinances,
City of Salina, December 31, 1939)
ORDINANCE NO. 4954
An Ordinance regulating the business of plumbing,
drainage and ventilation of buildings and repealing
Ordinance 2980 and Section 8 of Ordinance 3191 and
Ordinance 3464 and all other ordinances or parts
thereof in conflict with this ordinance, and providing
a penalty for the violation of this ordinance.
Be It Ordained by the Board of Commissioners of the
City of Salina, Kansas:
5-401. Section 1. Definition: The words and
phrases used in this ordinance shall, for the purpose
of this ordinance, be construed as follows:
The word "person" shall be construed and held to
be any person or persons, partnership, corporation
or any officer, agent, employee or servant of any
corporation or any other person or combination of
persons, either natural or artificial, by whatever
name he or they may be called.
A Master Plumber is hereby defined as any person
skilled in the planning, superintending and the
practical installation of plumbing, and capable of
passing the verbal, written or mechanical tests re-
quired by the Board of Examiners.
The word "employing plumber" shall be construed
and held to be any person who employs Master
plumbers or Journeyman plumbers for the purpose
of doing a plumbing business, and if an employing
plumber is not himself a Master plumber, he shall
not engage in any plumbing business or receive any
license or permit to do any plumbing work in the
City of Salina unless he has in his employ a Master
plumber holding a Master plumber's certificate duly
issued as required by the ordinances of said city.
A Journeyman Plumber is hereby defined as any
person other than a Master Plumber, who as his
principal occupation is engaged in the practical in-
stallation of plumbing and is capable of passing the
requirements of the Board of Examiners as a jour-
neyman plumber.
Plumbing is hereby defined to include the pipes,
fixtures and appurtenances thereto which are used
to connect the water, sewage and gas from the main
or property line and to distribute it in or about any
premises or building, for any use whatever, and all
pipes and appurtenances used or to be used or con-
veying sewage, liquids or water within, and outside
of foundation walls of any building and connected
with the public sewers or private septic tanks, cess
pools, and all pipes and appurtenances used to venti-
late the drains, fixtures and traps in any building,
so connected so that all pipes and cOnnections
through which gases, Vapors or waters of any kind
may discharge into septic tanks and cess pools or
public sewers.
5-402. Section 2. Inspector: The office of plumb-
ing inspector for the City of Salina is hereby creat-
ed, and he shall do and perform the duties of said
Plumbing Inspector as prescribed in this ordinance.
Until otherwise provided for, the Building Inspector
of the City of Salina shall be ex-officio Plumbing
Inspector.
5-403. Section 3. Fees for Inspection: The
Plumbing Inspector shall collect an inspection fee
of 50c for each fixture and water and sewer con-
nection up to twelve and 25c for each fixture and
connection over twelve, to be paid by the party re-
quiring his services, which fees shall be paid direct
to the Plumbing Inspector to be accounted for by
him and paid to the City Clerk in the same manner
as other fees collected by him as Inspector shall be
accounted for and paid. No person or persons shall
hereafter connect with the sewer system or ~ater
mains without first having received a certificate
from said Inspector, approving said sewering and
plumbing and accepting such connection. The said
Inspector may condemn and disconnect any connec-
tion with said sewer system or water main for any
failure to comply with the provisions of this ordin-
ance. The said Inspector, at any reasonable time,
shall have free access to all premises using said
sewer system for the purpose of examining any con-
nections therein.
5-404. Section 4. Final Inspection: Final inspec-
tion of plumbing must be made when all supply
piping is installed and all fixtures and traps are
placed and the entire job is completed. The Plumb-
ing Inspector shall, for this final inspection, collect
and pay over, an inspection fee of 50c for the first
five fixtures and 10c for each additional fixture.
When the plumbing in any building is completed, the
plumber may secure for the owners of such building
a certificate of inspection signed by the plumbing
inspector, certifying that the plumbing work has
been properly done and inspected and tested as re-
quired by the provisions of these rules. It shall be
the duty of the Plumbing Inspector to issue such cer-
tificate or release slip if work is approved.
5-405. Section 5. Defective Plumbing. All house
drains, waste, soil and vent pipes, traps and water
pipes in any building or premises shall at all times be
35
36
BUILIHNG CODES=~~g_ulations,etc.; Plumbing ()rdinance
Ch. 5, Art. 4
kept in good order and repair so that nD gases or
odors shall escape therefrom and whenever the
Plumbing Inspector shall find defects in any plumb-
ing or drainage in violation of the requirements of
this or any ordinance of the City of Salina, he shall .
order the same to be taken out or corrected and
made to conform thereto.
ing plumber doing plumbing business in the City of
Salina, and this deposit shall be kept at all times at
$25.00. No license shall be issued to or bond accept-
ed from any applicant until he -has first complied with
all the provisions of Ordinance No. 4804 requiring
examination and certificate, or any amendment there-
to.
5-407. Section 7. Permit for Removal of Side-
walk or Paving: No permit shall be granted to any
master or employing-plumber or to any person to
excavate or to take up pavement or sidewalks until
a written application signed by said master or em-
ploying plumber or person, shall be given to the
City Clerk, to be kept by him, such application to be
made and all work thereunder to be done in strict
accordance with the ordinances now in effect or here-
after enacted.
5-408. Section 8. License and Bond. All master-
plumbers or employing plumbers, before being grant-
ed a permit by the City Clerk to engage in the
plumbing business or to work on said sewer system
and connecting to water mains of said city, must
pay to said City Clerk a license tax of $25.00 per
year and procure from him a license to do such work,
execute to the City a surety bond in the sum of
$1000.00 to be approved by the Board of Commis-
sioners, conditioned for the good and faithful per-
formance of work to be done by him upon the sewer
system of water mains of said city, or the connec-
tion therewith and to hold the City harmless from
all damage arising from open trench work or other-
wise, or on account of careless or negligent work.
In addition thereto there shall be a $25.00 deposit
paid in to the City Clerk by each master and employ-
.
Ch. 5, Art. 4
BUILDING CODES-Regulations, etc.; Plumbing Ordinance
exc{!pt in accordance with the ordinances of the City
of Salina then in force and in acco.rdance with the
rules and regulations of the Street Department and
of the Water Works Department of said city. On
streets where paving has been or is ordered to be
Ia.id, old service pipes other than lead, copper, or
cast iron must be replaced at the expense of the
property owner. When service pipes are laid only
to the curb for future use, the end of the pipe must
be securely capped or plugged and a curb cock and
service box ins taIled.
not less weight per lineal foot than shown in the fol-
lowing table:
Interior Diameter
1 1/4 inches
1 1/2 inches
2 inches
3 inches
4 inches
Wt. p.er foot
2 lbs. 8 oz.
3 lbs. 8 oz.
5 lb s.
6 lb s.
8 lb s.
.
5-414. Section 14. Sheet Lead: Sheet lead for
roof flashing shall not weigh less than 3 pounds to
the square foot and shall extend not less than 6
inches from the pipe, and the joint shaIl be made
water tight. Moulded flash of approved type may
be used.
5-415. Section 15. Waste and Vent Pipes: AIl
joints in cast iron pipe shaIl be made with lead, weIl
calked, and not less than 1 inch deep, and no paint,
varnish or putty shaIl be applied until the joints
have been tested. Oakum shaIl be used to prevent
the lead from running through the joints. AIl joints
shaIl be made gas and water tight.
5-416. Section 16. Galvanized Iron and Brass:
Joints in galvanized iron or brass pipes shall be
standard screw joints and all joints shaIl be made up
with white or red lead or mineral paint.
5-417. Section 17. Galvanized Iron and Brass to
Cast Iron: Connections between galvanized iron,
or brass to cast iron, shaIl be either calked joint, or
screw joint. No slip joint connection will be aIlow-
ed concealed on the sewer side of the trap.
5-418. Section 18. Lead Pipe: Joints in lead
pipe or between lead pipes and pipes of brass or cop-
per shaIl in all cases be full wiped joints.
5-419. Section 19. Lead to Iron Pipes: AIl con-
nections of lead to iron pipe must be made with a
cast brass or copper ferrule, the same size as the
opening into the iron soil pipe, and the lead, neatly
and substantiaIly joined to the brass or copper fer-
rule by a wiped joint and then calked into the hub
of the iron pipe with oakum and molten lead the
same as for iron soil pipe joints.
5-410. Section 10. Earthenware Pipe: AIl earth-
enware pipe and fittings (No. 1/4 bend aIlowed)
shaIl be Grade No. 1 of the hub or spigot pattern,
cylindrical in section, thoroughly vitrified through
the thickness of the pipe and thoroughly salt glazed
over the entire inner and outer surface, with an
inside diameter of not less than 6 inches. Each
length shaIl be of uniform calibre, smooth bore
throughout, without twist or wind and free from
fire cracks, blisters, flaws or other defects, and shall
be laid to a true and even grade having a faIl of
not less than 1/8 inch to the foot. AIl joints shaIl
be made air and water tight, yarned and pored with
"calk-tight" asphalt, or equivalent material, or, cast
iron soil pipe may be used with lead and oakum.
The same size pipe shall be used as for the house
outlet, and in no case shaIl it be less than 4 inches.
5-111. Section 11. Cast Iron Pipe: All cast iron
pipe and fittings shall be sound, cylindrical and
smooth, free from cracks and holes and other de-
fects, of a uniform thickness and not lighter than
commercial grade known as Extra Heavy. AIl pipe
shaIl be coated at the factory with asphaltum or
coal-tar pitch. Standard soil pipe may be used for
the vent stack extending above the inlet of the high-
est fixture.
5-412. Section 12. Steel Pipe-Quality and Coat-
ing of Pipe and Fittings: AIl iron pipe used for vent
pipes shaIl be galvanized steel and maIleable fittings
shall be galvanized, or black cast iron fittings may
be used. AIl waste and drain pipe must be cast iron,
lead or brass, or galvanized wrought iron may be
used when the entire drainage system is Durham.
The fittings for waste shall be of cast iron or brass.
Refrigeration waste shalI be galvanized iron, or
brass, with drainage fittings with smooth interior
waterway so as to give a uniform grade to branches
of not less than 1/4 of an inch per foot.
5-413. Section 13. Lead Pipe-Weight of Same:
All pipe used for branch, soil, waste, vent or flush
pipes shaIl be of the best quality of drawn pipe of
5-420. Section 20. Prohibited Joint: Any fitting
or connection which has or forms an enlargement,
chamber, or recess with a ledge, shoulder, or reduc-
tion of the pipe area in the direction of the flow
on the outlet or drain side of any trap is prohibited.
5-421. Section 21. Expansion or Toggle Bolts:
Connections or hangers, pipe supports or fixtures,
settings with masonry or stone backing shall be
made with expansion or toggle bolts.
.
37
38
BUILDING CODES-Regulations, etc.; Plumbing Ordinance Ch. 5, Art. 4
5-422. Section 22. Traps and Clean-outs, Where 1 size as the pipe; All underground traps and clean-
Used: Each single fixture, except those wasting outs inside a building, except where the cleanout
as prescribed under this ordinance, shall be sep- I traps are flush with the cellar floor, shall be made
arately trapped by a water seal trap, which trap \ accessible by manholes with proper metallic covers
shall be vented, and placed as close to the fixture I and all exterior underground traps with accessible
as possible. cleanouts shall be also placed in manholes. All traps
Kind of Traps: Every trap shall be self-cleaning. and cleanouts shall be located so as to be easily ac-
Brass tubing traps shall be not less than 17 gauge cessible for cleaning.
thick. No form of trap which depends upon action
of movable parts for its seal shall be used. No
trap which depends upon concealed interior portions
for its seal or which has an interior partition, that
in case of defect would allow the passage of sewer
air, shall be used. Each drum trap shall be inverted,
where possible, and shall be vented from under-
neath the floor as near the top of the trap as pos-
sible with lead pipe neatly wiped into the trap and
carried above the water line near the fixture. All
vent lines shall in no case be less than the schedule
of size as herein given for the different classes of
fixtures. Traps for bath tubs, basins, sinks or other
similar fixtures shall be made of lead or brass.
Water Seal: Each trap shall have a water seal
of not less than 2 inches.
Cleanouts: Each trap, except those in combination
with fixtures where trap seal is plainly visible and
accessible, shall be provided with a brass trap screw.
Traps placed beneath the floor shall have a brass
trap screw for cleaning, in plain view, or flush with
the floor, or readily accessible from or under the
floor.
Trap Levels and Protection: All traps shall be
rigidly supported and set true, with respect to their
water level, and shall be so located as to protect
their seal.
Floor Drains: Floor drains shall have a per-
manent water seal.
5-424. Section 24. Grade of Horizontal Pipes:
All horizontal piping shall be run in practical align-
ment and at a uniform grade not less than 1/4 inch
per foot where possible for soil or waste pipes and
house drains suspended by iron hangers, posts, or
wall ledges; and not less than 1/8 inch per foot for
vent or ventilation pipes.
5-425. Section 25. Change of Direction: All
changes of direction of horizontal runs shall be
made with Y's, sixth, eighth, or sixteenth bends.
Sanitary tee may be used in a vertical line. Stan-
dard 1/4 bend may be used in a horizontal run to a
vertical drop.
5-426. Section 26. Prohibited Fitting in Waste
Lines: Offsets, double-hub, tapped screw fittings,
or straight tees shall not be used in a horizontal or
vertical run.
5-427. Section 27. Drainage Excavations: All
excavations required to be made for the installation
of a house drainage system or any part thereof
within the walls of a building shall be open trench
work. All such trenches shall be kept open until
piping has been inspected.
5-423. Section 23. Clean-outS: (Size) Cleanouts
shall be of the same size as the pipe, up to 4 inches
in diameter, and shall be not less than 4 inches for
larger pipe traps. Cleanouts shall be at least 4
inches long with airtight screw joints with brass
plugs. Cleanouts shall be provided at the foot of
all vertical lines of soil pipe and at the end of each
horizontal line, and at each change of direction
which is more than 5 feet in length. The distance
between the cleanouts shall not exceed 25 feet.
There shall be at least one 4 inch cleanout provided
in the house drain made with a full size Y branch
just inside of the wall near the house drain and
house sewer connection. Intermediate cleanouts may
be made with T cleanouts with brass plug, the same
shall be a flush fitting with clean out plug the same
5-428. Section 28. Stack Supports: All free
standing stacks shall be thoroughly supported on
concrete or masonry piers at their base, and those
20 feet or more in height shall also be provided
with foot rests at their base and also with floor rests
or supports at every floor. The pipe supports ac-
cording to their location shall be made either of
heavy iron posts, hangers, wall brackets or steel
fittings, concrete or masonry piers, provided that
no brick pier shall be less than 8 inches square.
The use of pipe hooks shall be prohibited for larger
than 1 1/2 inch pipes.
5-429. Section 29. Old House Sewers: Old house
drains may be used to connect with new buildi~gs or
new plumbing when they are found, on examination
and test, to conform in all respects to the require-
ments governing new sewers or drains, as prescribed
in this ordinance.
.
Ch. 5, Art. 4
BUILDING CODES-Regulations, etc.; Plumbing Ordinance
5-430. Section 30. Drains to Curb: Where there
is no storm sewer accessible, drainage of surface in-
lets and rain water conductors may be drained sep-
arately to the curb line where practicable by drain
pipes not less than four inches in diameter and dis-
charge into the public gutter.
5-431. Section 31. House Sewer: The drain con-
taining the house sewer, beginning 2 feet outside
the building wall shall consist of sewer tile or 4-inch
cast iron pipe. It shall not be laid closer than 3 feet
to any exterior wall, cellar, basement, well or cistern
or less than 2 feet deep, where possible. Change in
direction shall be made with long curves, 1/8 bends
or Y's. No person or persons, other than duly bond-
ed and licensed plumbers of the City of Salina, or
their duly authorized employees shall be permitted
to open or connect any private or public building
service to any city sewer whatsoever. No earthen-
ware drains from kitchen sinks outside the founda-
tion shall be less than 4-inch. Overflow pipes from
cisterns shall not connect with any house sewer.
.
5-432. Section 32. Exhaust, BIowoffs and Drip
Pipe Connections: The exhaust, blow-oirs, sediment
or drip pipe from a steam boiler shall not connect
directly with any sewer, drain, soil, or waste pipe.
Such pipes shall discharge into the top, and above
the line of discharge, of a suitable tank or condensor
made of wrought or cast iron, provided with a relief
pipe of at least 2 inches in diameter, extending to the
outer air.
5-433. Section 33. Connections with Conductors
Prohibited: Conductor pipes shall not be used as
soil, waste or vent pipes, nor shall any soil, waste
or vent pipe be used as conductors.
5-434. Section 34. Soil and Waste Pipes: All
main and branch soil and waste pipes, except as
otherwise provided in this ordinance, shall be cast
iron, extra heavy soil pipe of the following weights:
2 inch 5 1/2 lOs. per ft.
3 inch 9 1/2 10 s. per ft.
4 inch 13 lOs. per ft.
5 inch 17 10 s. per ft.
6 inch 20 1/2 lOs. per ft.
with corresponding fittings. Lead bends and drum
traps used shall be known as extra heavy.
5-J35. Sedi0n 35. WaC1te Pipe Sizes: The mini-
mum inside diameter of soil pipe or lead waste pipe
to any fixture shall be as follows:
1 to 7 water closets, 4 inch for main line.
8 to 12 water closets, 5 inch for main line.
.
More than 12 water closets, 1 line of waste pipe,
6 inch pipe shall be used for main line.
Private kitchen sinks, 1 1/2 inch waste.
Hotel or restaurant sinks, 3 inch waste.
Slop sinks, waste full size of opening in sink.
Garage drains or sand traps, 4 inch waste.
Grease traps, waste must be size of opening in trap
but in no case less than 2 inch waste.
Hotel dish washers, 1 1/2 inch waste.
Bath tubs, 1 1/2 inch waste.
Lavatories, 1 1/2 inch waste.
Laundry tubs, 1 1/2 inch waste.
Drinking fountains, 1 1/4 inch waste.
Bar sinks and drains, 2 inch waste.
Independent showers, 2 inch Waste.
Sitz baths, 1 1/2 inch waste.
Combined laundry tubs and sinks, 2 inch waste.
Bedets, 4 inch waste.
Urinals, not less than 1 1/2 inch waste or size of
waste opening in fixture.
6 x 6 inch to 12 x 12 inch floor drains, 2 inch waste.
Larger than 12 inch, the full size of the drain
opening. Where more than one fixture enters the
same line the waste shall be increased 1 size at the
junction up to 2 inches.
Where drum trap is wet vented through the lava-
tory waste the tub waste size shall be 1 1/2 inches.
5-436. Section 36. Prevent Pipe Stacks: The re-
vent pipe stack shall be as follows:
Closets, 2 in. for 30 ft. or less.
Kitchen sinks, 1 1/4 in. for 30 ft. or less.
Urinals, 1 1/2 in. for 30 ft. or less.
Ba th tubs, 1 1/4 in. for 30 ft. or less.
Bath tub with lavatory (wet tank) 1 1/2 in. for 30
ft. or less.
Lavatories, 1 1/4 in. for 30 ft. or less.
Laundry tubs, 1 1/2 in. for 30 ft. or less.
Slop sinks, 2 in. for 30 ft. or less.
Combination sinks and tubs, 1 1/2 in. for 30 ft.
or less.
Bar sinks and drains, 1 1/2 in. for 30 ft. or less.
Independent showers, deep seal trap, no vent.
Sitz baths, 1 1/4 in. for 30 ft. or less.
Drinking fountains, 1 1/4 in. for 30 ft. or less.
Grease traps, 2 in. for 30 ft. or less.
Syphonic action closet bowls and bedets shall be
vented through the main stack. All lines of vent
pipe to any 1 fixture more than 30 feet in length
shall be increased 1 size up to 60 feet in length and
2 sizes up to 100 feet in length. In any case where
a closet is located on a horizontal branch in excess
of 8 feet from the main line of soil stack it must be
vented by running a separate vent of not less than
39
BUILDING CODES-Regulations, etc.; Plumbing Ordinance
Ch. 5, Art. 4
40
2 inch internal diameter. This vent may be carried
through the roof or connected to the main vent stack
not less than 1 foot above the water line of the high-
est fixture. This vent must be taken out of the
branch line to the closet at a point as near the bot-
tom of the closet as possible with 2 inch lead carried
above the water line of the fixture, or by inserting a
4 x 2 fitting in waste line as near the lead connection
as possible. In any case, when 2 or more fixtures
are connected to 1 line of vent pipe, the line of pipe
above or beyond the junction points must be increas-
ed 1 size for each fixture so connected up to 2 inch
pipe. In no case shall there be more than 10 fixtures
connected to a 2 inch vent pipe. All lines of re-vent
pipe must be carried in the most direct line possible
from the trap it serves to its outlet and it can either
be connected to the main soil stack not less than 1
foot above the waterline of the highest fixture or be
carried through the roof independent. If it is run
through the roof it must be flashed the same as for
main soil stack.
least one 4 inch soil pipe stack extending through
the roof. All main vents shall be connected, at their
base, to the main waste or soil pipe at or below the
lowest branch of fixtures fitting, and shall be ex-
tended through and above the roof.
5-441. Section 41. Vent Pipe Grades and Con-
nections: All branch vent and back vent pipes shall
be free from drops or sags and be so graded and
connected as to drip back to the soil or waste pipe
by gravity. On horizontal runs such connections
shall be taken off above the center line, as near the
CI'Own as possible above water line of fixture, be-
fore being offset horizontally.
5-437. Section 37. Terminals: The roof terminals
of all vent pipes shall be at least 3 feet above any
door, window, scuttle or air shaft, when located at
distances less than 12 feet from such terminal.
5-442. Section 42. Sump Pits in Basement: All
sump pits for cellar drains shall be constructed of
glazed, vitrified pipe of cement or brick plastered
with Portland cement mortar, having an internal dia-
meter of not less than 15 inches and be fitted with
cast iron bell trap cover and be readily accessible for
cleaning. A diagram of same can be seen at the
office of the Plumbing Inspector.
5-438. Section 38. Terminals Adjoining High
Buildings: No soil, waste or vent pipe extension
of any new or existing building shall be run or plac-
ed on the outside of a wall, but shall be carried up
in the inside to the roof. In the event that a new
building is built higher than an existing building,
the owner of the new building shall not locate win-
dows within 12 feet of any existing vent stack on
the lower building, unless the owner of such new
building shall defray the expenses of, or shall him-
self make such alteration to conform with this ordin-
ance. It shall be the duty of the owner of the lower
or existing building to make such alterations therein
upon receipt, in advance, of money or security there-
for, sufficient for the purpose from the owner of the
new or higher building, or to permit the election
of the owner of the new or higher building to making
of such alteration by the owner of said new or high-
er building.
5-439. Section 39. Vents, Lengths from Traps:
The back vent of any fixture trap shall be as close
to the traps as practicable, consistent with its loca-
tion and effectiveness. The developed length of the
waste pipe of any fixture from its trap to the vent
pipe shall not exceed 24 inches.
5-440. Section 40. Main Vents: Every building
in which water closets are installed shall have at
5-443. Section 43. Back Water Valves: When
plumbing fixtures are installed in basements, where
they come below sidewalk grade, they shall have a
gate valve between such fixtures and the main drain
so that the fixtures above the basement floors can
be used when said gate valve is closed. Said gate
valve shall be of iron body with hub ends for con-
necting drain.
5-444. Section 44. Refrigerator Waste: Waste
pipes from refrigerators, fountains or bars, or other
receptacles in which provisions are stored shall not
be connected directly with the drainage system, but
shall be so arranged as to waste on an open tray in
plain sight below the refrigerator. This tray may
be connected with the drainage system upon being
properly trapped and vented.
5-445. Section 45. Air Conditioning Units and
'Vater Softeners: Wastes from water-cooled air-con-
ditioning units, or from any such unit using a liquid
to perform its function and wastes from water soft-
ening units shall in no case be drained into alleys
or into public streets, but shall waste on an open
tray the same as for refrigerators. No cross-con-
nections shall be permitted between the City Water
Supply and a waste line.
5-446. Section 46. Kitchen Wastes: Kitchen 01'
other greasy wastes from hotels, restaurants, club
houses, public institutions or any establishments
other than private residences in which cooking is
.
.
..
.
Ch. 5, Art. 4
BUILDING CODES-Regulations, etc.; Plumbing Ordinance
caIling the Inspector. In case the work is not ready
for inspection, nor approved, a fee of 25c will be
charged for each additional call of the Inspector.
done, or greasy wastes obtained, shall be intercepted
by a catch basin or grease trap, of approved make,
and then conducted to the house sewer.
5-447. Section 47. Garage Wastes: All liquid
wastes from garages, and wash racks shall be in-
tercepted before entering the sewer by a suitable
catch basin, properly trapped, of a design to be ap-
proved by the Plumbing Inspector.
5-448. Section 48. Materials: All receptacles
used for water closets, urinals or otherwise for the
disposal of human excreta shall be either vitrified
earthenware, or cast iron white porcelain enameled
on the inside. If a cast iron is used, it shall be enam-
eled or painted on the outside with at least three
coats of non-absorbent paint.
5-449. Section 49. Water Closet Bowls: The
bowls and traps for water closets shall be made in
one piece of such shape and form as to hold a suffi-
cient quantity of water, when filled up to the trap
overflow, so as to completely submerge any matter
deposited in same and properly flush and SCour the
soil pipe when contents of the bowl are discharged.
Latrine closets are prohibited.
5-450. Section 50. Frost Proof Closets: Frost
proof closets with tanks will not be permitted in
public buildings or private residence without special
permit from the Plumbing Inspector, but shall be
permitted to be installed in outside closet buildings
or warerooms when separately partitioned off and
ventilated. Closets when so installed must be trap-
ped with a half "S" trap constructed of cast iron
and placed at a depth to prevent freezing. A 2-inch
vent must be taken out of the waste pipe below the
floor and as near the bottom of the hopper as pos-
sible and carried up and through the roof of the
building. Galvanized iron or cast iron pipe may be
used for this vent. No frost proof closet without
flushing tank will be permitted. The door to such
room shall open to the outside.
5-451. Section 51. Closet Flanges: Closets con-
nected by and through lead pipe must have suitable
brass floor flanges securely soldered to lead pipe.
When set on cement floor, cast iron soil pipe may
be used in place of lead, using a cast iron floor flange
calked into the cast iron pipe. Cast iron bowls shall
be lead and oakum calked joints.
5-452. Section 52. Fixture Grounds: Whenever
fixtures hang on plastered walls there must be
grounds placed back of the lath and plaster that the
hanger or brackets of the fixtures may be properly
fastened thereto. This work must be done before
5-453. Section 53. Urinals, Material and Suppl,}':
Urinals must be of either enameled iron or porce-
lain and, excepting flushometers, must be supplied
from a tank or tanks or system, the water of which
shall be used for no other purpose.
5-454. Section 54. Urinals, Group: A group of
urinals may be supplied from 1 tank, the capacity
of which is to be proportionate to the number of
urinals supplied but in no case shall be of a capacity
of less than 1 gallon for each urinal served. The
flush pipes must be sufficiently large, or, the group
may be flushed by a direct water supply through a
brass pipe carried the full length of the trough, per-
forated every 2 inches.
5-455. Section 55. Urinal Group Defined: More
than one urinal shall be construed as being a group
of urinals and the flush pipe or pipes thereto must
be so arranged as to provide an equalized pressure
and volume of water to all and each urinal on the
range.
5-456. Section 56. Visible Trap Seal: All water
closets and pedestal urinals with trap combined shall
have visible trap seals.
5-457. Section 57. Urinals: All urinals, troughs
or gutters other than those heretofore described,
shall be constructed of materials impervious to mois-
ture and that will not corrode under the action of
urine. When floor gutters are used as urinals, the
gutter shall be made with impervious material, and
the floors and wall within two feet of such gutter
shall be equally water-tight and impervious. In
districts having no sewer connections, copper or
galvanized iron urinal troughs may be used in out
houses, sheds, barns and in yards and at least 20
feet distance from any building of a better grade.
5-458. Section 58. Bath Tubs: All fixtures hav-
ing a waste either connected to the sewer, septic
tank or open waste must be trapped with a water
sealing trap the same size as the minimum inside
diameter given for waste pipes in this ordinance and
in no case shall the trap exceed a distance of 2 feet
from the fixture it serves.
5-459. Section 59. Water Supply Fixtures: Water
closets, urinals or other plumbing fixtures shall be
provided with a sufficient supply of water for flush-
ing to keep them in a proper and sanitary condition.
41
42
BUILDING CODES-Regulations, etc.; Plumbing Ordinance
Ch. 5, Art. 4
5-460_ Section 60. Water Closets Supply: No
water closet or urinal bowl shall be supplied directly
from the water supply pipes excepting closets with
flushometer valves. Every water closet or urinal
bowl shall be directly flushed through a flushing
tank of at least 4 gallon capacity for water closets
and 2 gallons for urinals. The tank shall be properly
supplied with water and the flush pipe to the water
closet or urinal shall be at least 1 1/4 inches in dia-
meter.
5-461. Section 61. Covering of Work: No part
of any plumbing shall be covered until same has
been inspected, tested and approved, except as pre-
viously provided for in this ordinance.
5-462. Section 62. Ventilators: No brick, sheet
metal or earthenware flues will be used as a sewer
ventilator, nor shall any chimney flue be used foY'
that purpose. Terminals of all vents must be at
least 12 feet from any water tank, air shaft, window
or any opening.
5-463. Section 63. Defective Work: If tests show
defects, the defective work or material shall be re-
placed within 3 days and the test again applied.
In all cases the Plumbing Inspector shall designate
the points at which the pressure shall be relieved
or drawn off.
5-464. Section 64. Repairs: Tests shall not be
required after the repairing or replacing of any old
fixture, faucet or valve by a new one to be used for
the same purpose, forcing out stoppage, repairing
leaks or relieving frozen pipes and fittings, but
such repairs or alterations shall not be construed
to include cases where new or vertical or horizontal
lines of soil, waste, vent or interior leader or con-
ductor pipes are used, or their relative locations
changed, provided that plumbing in a building con-
demned by the plumbing Inspector, because of un-
sanitary conditions of the house drainage or plumb-
ing, shall be considered as coming under the head
of repairs, but all such, house drainage or plumbing,
shall be done as in the case of new buildings.
5-465. Section 65. Septic Tank: Septic tanks
may be used to receive the discharge from plumbing
fixtures only when written permission to that effect
has been secured from the plumbing Inspector and
such permission shall only be given when a public
sewage system is not available. Septic tanks must
be constructed in the manner specified by the Plumb-
ing Inspector. Cess pools shall be prohibited except
when used in connection with a septic tank.
ed or alterations are to be made, which cannot be
practicably constructed in accordance with the pro-
visions of this ordinance, a special permit for such
work may be issued by the Plumbing Inspector, if,
in his judgment, the conditions require it. The spe-
cial permit must be issued by the Plumbing Inspec-
tor before the work is started. Standard soil pipe
may be used only with the inspectors permission
where additional plumbing is being added to an old
building where standard soil pipe already exists and
is in good condition. And, in no case will it be per-
missible to make a run more than 6 feet from the
old line.
5-467. Section 67. Not to Apply to Prior Plumb-
ing: The provisions of this ordinance shall not ap-
ply to plumbing of buildings which have been con-
nected with the sewer system or water mains prior
to the passage of this ordinance, but such plumbing
or service connections with the sewer system or
water mains may be inspected when so ordered by the
Board of Commissioners or by the City Board of
Health whenever such Board may be created, without
cost or charge to the owner or owners of such build-
mgs and any such connections found to be defective
may be ordered changed, altered, repaired or re-
moved.
5-468. Section 68. Penalty: Any person violat-
ing any of the provisions of this ordinance shall,
upon conviction, be deemed guilty of a misdemeanor
and shall be fined in any sum not less than $5.00
nor more than $50.00.
5-469. Section 69. Saving Clause: If any provi-
sions of this ordinance shall be determined to be un-
reasonable, illegal, unconstitutional or void, the same
shall not terminate, alter, annul or restrict such pro-
visions of this ordinance as may be legal, constitu-
tional, reasonable and valid.
5-470. Section 70. Repeal: Ordinance No. 2980
and Section 8 of Ordinance 3191 and Ordinance 3464
of the City of Salina, Kansas and all other ordin-
ances or parts thereof of the City of Salina in con-
flict with the provisions of this ordinance are hereby
repealed.
5-471. Section 71. Take Effect: That this ordin-
ance shall take and be in force from and after its
publication in the Book of Revised Ordinances of the
City of Salina, Kansas.
Introduced, September 11, 1939
Passed, September 18, 1939
Ed Morgenstern
Mayor
(SEAL)
5-466. Section 66. Inspector's Special Permit, Re- Attest:
construction: Where additional fixtures are requir-
Chas E. Banker
City Clerk
.
Ch. 5, Art. 4
BUILDING CODES-Regulations, etc.; Plumbing
5-472. Plumber's Certif.ica t e Required: No per-/ the Board of Commissioners,
son shall engage in or work at the business of fees paid by the applicants
plumbing, either as a master plumber, employing (~3, Ord. 4804, 11-29-37)
plumber or as journeyman plumber in the City of
Salina, Kansas, unless and until a certificate has been
obtained by him therefor as provided for and in ac-
cordance with the provisions of this ordinance, or
after any such certificate has been revoked or pro-
vided for in this ordinance. (~1, Ord. 4804, 11-29-37)
to be paid out of the
for the examination.
.
5-475. Examination, Certificate, Fees: Said Board
of Examiners shall as soon as may be after their
appointment, meet, and shall then and from time to
time thereafter designate the times and places for
examination of all applicants desiring to engage in
or work at the business of plumbing within said
city. Said Board shall examine each applicant as
to his practical knowledge of plumbing, house drain-
age, plumbing ventilation and other matters related
to plumbing, and if satisfied of the competency and
physical fitness of such applicant shall upon payment
of the fees herein specified, issue to such applicant a
certificate authorizing him to engage in or work
at the business of plumbing, either as a master
plumber or employing plumber or as a journeyman
plumber in the City of Salina, subject to compliance
with all other ordinances of said city relating to li-
censes, permits, and plumbing requirements. Each
certificate so issued shall entitle the person to whom
it is issued to engage in or work at the business of
master plumber, employing plumber or journeyman
plumber, as the case may be, for a period of one
year from the date of the certificate. Such certificate
may be renewed each year by any holder thereof,
upon payment of the annual fee herein specified,
without further examination, or at the discretion of
the Board of Examiners, Upon such further exam-
ination as they may deem necessary. The annual
fee for a certificate for a master plumber or em-
ploying plumber shall be five ($5.00) dollars and for
a Journeyman Plumber shall be two ($2.00) dollars.
All fees received for said certificates shall be paid
into the treasury of the said city. (~4, Ord. 4804,
11-29-37).
5-473. Examination by Board. Any person who
has had not less than two years of apprenticeship
under a journeyman plumber or other prepara,tory
experience, equivalent to such apprenticeship, which
will meet with the approval of the Board of Exam-
iners, who desires to engage in or work at the plumb-
ing business, either as a master plumber or employ-
ing plumber or as journeyman plumber in this city,
shall make application to the Board of Examiners
hereinafter provided for which application shall state
the preparatory qualifications and experience of the
applicant and such other information as the Board
of Examiners may require, and which shall be signed
and sworn to by the applicant, and shall at such
times and places as said Board may designate, be
required to take such examination as to his qualifi-
cations as said Board may direct. Said examination
may be made in whole or in part in writing and may
be in part oral, or by demonstration, and shall be or
a practical and elementary character, but sufficient
to test the qualifications of the applicant to engage
in the kind of work or in the business specified in
his application. In addition thereto the Board of
Examiners may, at the time of the application, or at
the time of examination, require any person mak-
ing such application to undergo, at said applicant's
expense, a physical examination by a physician to
determine said applicant's physical fitness to engage
in such work. (~2, Ord. 4804, 11-29-37; Amd. ~1,
Ord. 4872, 5-31-38)
5-474. Board of Examiners. That there shall be
in this city a Board of Examiners of Plumbers con-
sisting of three members, one of which shall be chair-
man of the Board of Health of said city, who shall
be ex-officio chairman of the said Board of Examin-
ers; a second member, who shall be a master plumb-
er, and a third member, who shall be a journeyman
plumber. Said second and third members shall be
appointed by the Board of Commissioners of said
city, within ten days after this ordinance takes effect,
for terms of one year from the first day of Decem-
ber, and thereafter annually before the f?rst day of
December, and the compensation of the members
of said Board of Examiners shall be determined by
5-476. Arbitration Power of Board: In addition
to the above duties of the Examining Board, it shall
act as an arbitration board in deciding any question
that may arise between the Plumbing Inspector and
any master plumber that is not covered by ordinance,
and the decision of said Board in such matters shall
be final, unless an appeal is taken to the Board of
Commissioners of said city, where decision shaIl be
final. (~5, Ord. 4804, 11-29-37)
5-477. Rules and Regulations: AIl plumbers shall
be governed by the ordinances of the City of Salina
relative to plumbing and by such rules and regula-
tions as the Board of Examiners see fit to adopt,
and any violation of the provisions of any such or-
dinance or of any such regulations shall be sufficient
.
43
44
BUILDING CODES-Regulations, etc.; Plumbing
Ch. 5, Art. 4
grounds to work forfeiture of such plumber's certi- in and for the City of Salina, Kansas, solely for the
ficate, and the Board of Examiners may for such purposes set forth in Ordinance No. 4804 being an
violation revoke such certificate. (S6, Ord. 4804, ll- ordinance requiring Examinations and Certificates
29-37). I for Plumbers, a Board of Health consisting of three
5-478. Violation, Penalty: Any person violating members, one of w~i~h sha~l be the City ~ngineer,
any provision of this ordinance shall be deemed who shall be ex-offICIO Chalr~an of the saId Board
guilty of a misdemeanor, and be subject to a fine of of H.ealth; the second and thIrd m~m~ers sha:l ~e
not less than five dollars nor exceeding fifty dollars appomted by the Board of CommIssIOners wlthm
for each and every violation thereof. (S7, Ord. 4804, ten days after the passage of this ordinance, for the
11-29-37). \ term of one year from the first day of December and
thereafter annually before the first day of December,
5-479. Board of Health. Sole purpose Ord. 4804 \ and shall serve without pay. (Sl, Ord. 4805, 11-29-
(See Secs. 5-472 to 5-478). There is hereby created 37).
.
.
.
Ch. 5, Art. 5
BUILDING CODES-Regulations, etc.; Gas Piping
45
ARTICLE 5.-Gas Piping.
5-501. Plumbing Inspector Duties. The plumbing
inspector has authority to and it shall be his duty
to inspect and test all new installations and all ex-
tensions to or alterations of existing gas piping, and
all fittings, devices, appliances and connections ap-
purtenant thereto, hereafter installed, and to in-
spect and test whenever in his opinion it is neces-
sary or proper, all existing installations of gas pip-
ing and the fittings, devices, appliances and connec-
tions appurtenant thereto in the City of Salina, Kan-
sas. He shall enforce or cause to be enforced the
provisions of this ordinance and for all purposes of
this ordinance he shall have the right and authority
during reasonable hours, and at any time when in
his opinion any emergency exists, to enter in or upon
any building or premises in the City of Salina for
the purpose of making any inspection or test and of
performing any of the duties required of him by
this ordinance. Whenever in this ordinance the word
inspector is used, it shall be deemed to refer to the
plumbing inspector of the City of Salina, or his au-
thorized assistant. Uil, Ord. 4120, 11-21-31).
5-502. Permit Required. No building shall here-
after be piped or fitted for gas, nor shall any re-
pairs, alterations, or extensions be made in any pip-
ing nor shall any fittings or fixtures or appliances
be placed in any premises unless a permit therefor
shall be granted by the inspector, after the filing
with him by the person intending to do such work
of an application describing the work to be done and
the premises in or upon which the same is to be done.
Such application shall state the correct location and
the name and address of the owner of such building
or premises and a full and complete statement of the
work proposed to be done. (~2, Ord. 4120, 11-21-31)
5-503. Inspection Notice. It shall be the duty of
any person installing, altering or changing any gas
piping in any building Or premises in the City of
Salina to notify the inspector when the work is ready
for inspection and the whole system of gas piping
including the fittings, appliances, connections and
appurtenances thereto, in or upon such bUilding or
premises shall be so arranged and connected as to
enable the inspector properly to inspect and test the
same. (~3, Ord. 4120, 11-21-31).
5-504. License--Bond. No permit shall be issued
to any person to install, extend, repair, alter or con-
nect any gas piping or gas appliances or appurten-
ances for the conveyance or use of natural or artifi-
cial gas in or upon any building or premises in the
City of Salina unless such person shall first secure
from the City Clerk a license to engage in the occu-
pat ion of gas fitter, which license shall be issued by
the City Clerk upon the payment of a license or occu-
pation tax of $10.00 per year. Every such license
shall expire on the 31st day of December after its
date, and if issued after July 1st, the license tax
for the remainder of the year shall be one-half of the
amoUnt above specified. Upon the filing by such
applicant of an application for such license stating
the name and business address of such applicant and
such other pertinent information as the City Clerk
may require, and upon the filing by such applicant
with the City Clerk of a bond in the penal sum of
$2,000.00 executed by such principal and by a cor-
porate surety duly authorized to do business as a
surety of the State of Kansas, conditioned upon the
good and faithful performance by such licensee of
all work of the kind referred to in this ordinance
in accordance with the requirements and provisions
of this ordinance and to indemnify said city and any
and all persons for whom any such work may be done
by such applicant against all damages rising from
or caused by any open trench work or other cause
or by the carelessness or negligence of such appli-
cant or any of his agents, servants, or employees,
in connection with any such work; Provided, how-
ever, that any person having a license to do plumb-
ing work, and who has on deposit in the City Clerk's
office, and in effect, a plumber's bond as required
by Ordinance No. 2980, as amended by Ordinance
No 3201, as such ordinance now exists, or as they
may be hereafter amended, shall be permitted to do
any of the work mentioned in this ordinance to the
same extent as if he had received a license and de-
Posited his bond under this ordinance if such plumb-
er's bond shall have endorsed thereon by the surety
company by whom the same is issued, an endorse-
ment providing for coverage under the provisions
of this ordinance and in the amount hereby required;
provided further that in any event a permit shall be
secured for each piece of work as required in this
ordinance. A licensee under this ordinance or the
plumbing ordinance, doing any work mentioned in
this ordinance, may do the same by his employees,
but such licensee shall employ no person on any
such work unless such person be fully qualified and
experienced in such work and such licensee shall be
responsible for all of the acts, omissions or negli-
gence of any such employee in or about any such
work and the bond of such licensee shall Cover the
acts, omissions or negligence of any such employee.
(~4, Ord. 4120, 11-21-31).
5-505. Inspection Fees. Inspector shall collect a
minimum inspection fee of $1.00 for each permit
issued by him under the provisions of this ordin-
ance, which shall cover inspection fees for the ori- II or devices now or hereafter installed or used or de-
ginal inspection of any system having not more than sIgned for use in connection with the same in, upon
six outlets or fixtures connected with such system, ! or about any premises in the City of Salina shall
and shall collect additional inspection fees for on I be installed in accordance with, and shall conform
each original inspection of such system of 25c for! to and be governed by the following rules, regula-
each additional outlet or fixture connected with tions and requirements, to-wit:
such system, over six; and shall collect an additional
fee of 50c for each inspection on any premises after
the original inspection, or for any inspection con-
nected with the installation of fixtures on a system
now existing. Such inspection fees shall be paid
to the inspector by the party filing the application
for a permit to do the work of installation to be
covered by such inspection, and shall be accounted
for and paid by the inspector to the City Clerk. (S5,
Ord. 4120, 11-21-31).
BUILDING CODES-Regulations, etc.; Gas piping
Ch. 5, Art. 5
46
5-506. Connection with Mains-Certificate. No
person shall connect any gas piping system or instal-
lation, an inspection of which is required by the
provisions of this ordinance, with the gas mains
operated by any gas distributing company in the
City of Salina, hereinafter referred to as the gas
company, nor shall any gas be turned into or used
through such gas piping system or installation,
until the person connecting or turning on such gas
shall receive a certificate from the inspector ap-
proving such installation. (S6, Ord. 4120, 11-21-31)
5-507. Condemn and Disconnect System. The in-
spector may and it shall be his duty to condemn
and disconnect or order disconnected any connection
of any such gas piping system or installation to any
gas main whenever the person installing such gas
piping system shall have failed to comply with any
of the provisions of this ordinance relating thereto,
or whenever in the opinion of the inspector any
gas piping system or installation in any premises
in the City of Salina, Kansas, is unsafe and liable
to cause injury or damage to any person or prop-
erty in said city. (S7, Ord. 4120, 11-21-31).
5-508. Testing. All gas piping noW or hereafter
installed or used in or on any premises in the City
of Salina, shall whenever any inspection or test
thereof is made under the provisions of this ordin-
ance, be tested with an accurate pressure gauge of
standard make by the Inspector and shall be capa-
ble of withstanding pressure equal to fifteen pounds
for a period of fifteen minutes. The person doing
such work shall furnish such gauge and shall leave
the same connected until after the inspection and
testing is completed. (S8, Ord. 4120, 11-21-31).
5-509. Rules and Regulations for all Systems. All
gas piping and all appurtenances, appliances fixtures
(1) No person except the gas company or its
authorized representative shall turn the gas on or
off at the meter, except gas may be turned off by
other in cases of emergency.
(2) When the fitting job, and line testing has
been approved by the Inspector insofar as the same
can be tested before the gas can be turned on, the
meter shall be set and the gas shall be turned on by
the gas company or its authorized representative,
and by no other person, after which such test shall
be made by the Inspector as may be necessary.
(3) Every gas heating device, water heater, and
the oven of every cooking device hereafter installed
shall be equipped with good and sufficient flue or
vent connections through which unburned gas may
flow out of the premises, and no flue or vent used
for such purpose shall be used for any purpose ex-
cept as a flue or vent, and these regulations shall
apply to existing systems or installations when in
the judgment of the Inspector the same is necessary
to the safety of the occupants of said premises.
(4) No solid damper shall be used in any flue
pipe leading from any device where gas is consum-
ed, and any damper used shall have a hole or holes
of a diameter of not less than one-fourth of the pipe
diameter.
(5) All gas outlets for the burning of any open
gas flame shall be at least two and one-half feet be-
low any ceiling not fire proof, or other combustible
material unless properly protected by a metal shelf
in which case such distance shall be not less than
eighteen inches.
(6) All outlets shall be securely fastened in place
and properly capped.
(7) In no case shall any split or broken fittings
or pipe be used.
(8) No cement or other substance shall be used
to conceal, repair or cover any leaks, flaws or defects
in pipes, fittings or connections.
(9) No gas pipe shall be laid so as to support
any weight, except small fixtures, or be subject to
any strain, and the judgment of the Inspector in
any such matter shall be conclusive. If, in the opin-
ion of the inspector, any such gas pipe is so laid
as to be subject to any undue weight or strain, cor-
rection thereof shall be made in such manner as may
be ordered by the Inspector.
.
.
.
Ch. 5, Art. 5
BUILDING CODES-Regulations, etc.; Gas Piping
(10) All gas pipe installed beneath any joists or
ceilings, shall be securely strapped to the bottom
of such joists or other secure places with iron straps
or gas hooks, and all gas pipes in any location shall
be securely fastened to prevent sagging or vibration.
(11) No fire test shall be made under any cir-
cumstances on any inside work.
(12) A master valve shall be installed inside of
the basement wall where a service pipe enters a
basement and a valve shall also be installed on all
furnace supply pipes at least four feet above the
floor.
(13) All valves used in gas piping shall be of
the ground seat type, except the master valve re-
quired to be installed on the inside of the basement
wall, which shall be a ground core valve. (Sub. Sec.
13, 99, Ord. 4120, 11-21-31; Amd. 91, Ord. 4126, 12-
21-31) .
(14) In no case shall any valve which shall need
replacing from time to time or which may require
inspection be placed under floors or between walls
or in any inaccessible place.
(15) All motor valves shall be of the type that
will close when electric current is off, unless other
sufficient saflilty equipment is provided.
(16) In no case shall a lever handle gas control
valve be connected direct to a motor regulator.
(17) The point of connection of any pilot light
pipe with any furnace fuel line shall be not less
than four feet (4) from the gas opening or burner,
and all those hereafter installed shall be on the out-
let side of the valve on the furnace supply pipe as
required by sub-section twelve (12) of Section Nine
(9) of this ordinance; provided that this subsection
shall apply only to burners having an aggregate
gas consumption of more than 60 cu. ft. per hour and
that the valve to be installed four feet (4) above
the floor as required by subsection twelve (12) of
Section Nine (9) of Ordinance No. 4120 which ap-
plies only to furnaces having a gas consumption of
more than 60 cu. ft. per hour. (Sub. Sec. 17, 99,
Ord. 4120, 11-21-31; Amd. 9 , Ord. 4140, 3-14-32)
(18) Every steam boiler having a gas fire shall
be equipped with a low water cutout and a pressure
limit control device, unless a regular experienced
attendant is present and in charge of the same at
all times.
(19) No extension connection or fitting consist-
ing in whole or in part of rubber or flexible tubing
shall be used in connection with any gas burning
appliance, and every such connection shall be of
rigid metal piping with metal to metal joints, ex-
cept when it is necessary to use gas in machine
shops for blow torch purposes, or in laundry man-
gles, and in every such case there shall be but one
shut off valve which shall be located in the rigid
pipe and in no case at the gas burning device or
between the device and the rigid pipe. (99, Ord.
4120, 11-21-31).
5-510. Installation Requirements. All gas piping
and all appliances, appurtenances and devices used
or designed for use in connection with the same here-
after installed in, on or about any premises in the
City of Salina, shall be installed and shall be gov-
erned by and conform to the following rules, regu-
lations and requirements, to-wit:
(1) No service pipe from gas .Main to any meter
shall be less than one and one-fourth inches in
diameter.
(2) No service pipe from the meter to any hot
air furnace or small boiler shall be less than one
and one-fourth inches in diameter.
(3) No cast iron fittings shall be permitted or
used.
(4) All fitters installing any gas piping must
leave an exact space for the meter and union for
connections.
(5) No gas shall be turned on until all pipes,
'connections, furnaces, stoves, burners and other
appliances shall have been inspected and approved
by the Plumbing Inspector.
(6) No piping or fitting shall be Covered or con-
cealed from view until inspected, tested and approved
by the Plumbing Inspector.
(7) All drop or branch lines and openings for
side brackets shall be of bracket ells or square
bends where practicable, and unless otherwise spe-
cially permitted by written permit obtained from
the inspector no nipples shall be used in any side
bracket lights.
(8) In reducing pipe sizes, nipples and reducing
fittings must be used and in no case shall bushings
be used.
(9) All pipes shall be laid above timbers instead
of beneath them if possible. All piping must be
reamed and free from obstructions.
(10) No jointing material shall be placed in the
female thread.
(11) Unions must be of ground joints and must
not be used in concealed construction or places which
are not plainly visible, except unions on meters.
(12) In disconnecting any appliances all open-
ings in house lines shall be capped tightly so as to
prevent escape of gas, and this shall be done only
47
,
48
BUILDING CODES~Regulations, etc.; Gas Piping
Ch. 5, Art. 5
(15) All steam or hot water boilers having level'
handle control gas valves shall be connected with
either diaphragm or water regulators. (!l10, Ord.
4120, 11-21-31).
5-511. Connections with Mains-Meters. No per-
son except the gas company or its authorized repre-
sentative shall tap or make any connection with any
gas main, or any service pipe leading from any gas
main to any meter, or shall change, alter or tamper
with any regulator or other device used for the pur-
pose of regulating the gas pressure, or with any
gas meter. The gas company shall make and install
all fittings to the meter and all service pipes from
the gas main to the property line, including a stop
cock at the property line, and no other person shall
connect or disconnect any fitting or piping on the:
inlet side of the meter, or connect or disconnect any"
gas meter except in case of emergency. (!l11. Ord.'
4120, 11-21-31).
5-512. Release Gas from Mains. No person other
than a duly authorized representative of the gas
company shall at any time open any valve releasing
gas from the mains of the company into any gas
piping system in, or on any premises in the City of
Salina, and then only after such system has been
approved in writing by the Inspector. (!l12, Ord.
4120, 11-21~31).
5-513. Shut Off Valves at Curb. The gas com-
pany shall not connect any gas main in the City of
Salina, by means of a gas service pipe, with any
premises in the City of Salina, without installing on
such gas service pipe ,either at the curb line or at a
point as near thereto as may be practicable, and in
any event at a point on such gas service pipe before
the same enters upon private property, and at a
point which is wholly unenclosed by any building or
other structure, a shut off valve by means of which
the gas may be shut off or disconnected from such
premises, together with the necessary tee box or
valve box by means of which access may be had to
such shut off valve unless such shut off valve
5-514. Pipe Sizes. The following sizes of pipes
shall be required in connection with the installation
of all heating, water heating or cooking devices on
any gas piping or installation in one or two family
dwelling houses or in commercial buildings, where
the total number of devices, to one meter, does not
exceed one furnace and five additional fires, and
where the maximum distance of anyone of such
fires from the meter does not exceed 50 feet, to-wit:
In all such buildings equipped or to be equipped
with a central heating plant 1 1/4 inch pipe must
be run from meter to heating plant or a full 1 1/4
inch connection left for heating plant.
In all cases 1 1/4 inch pipe must be run from the
meter to the inside of the building.
The following schedule applies in such buildings
to all fires with the exoeption of central heating
plant:
One fire, use 3/4 inch pipe.
Two or three fires, use one inch pipe to first fire;
3/4 inch pipe to second and third fires.
Four fires, use 1 1/4 inch pipe to first fire, one
inch pipe to second fire and 3/4 inch pipe to third and
fourth fires.
Five fires, use 1 1/4 inch pipe to first and second
fires, one inch pipe to third fire, and 3/4 inch pipe
to fourth and fifth fires.
.
Ch. 5, Art. 5
BUILDING CODES-Regulations, etc.; Gas Piping
In cases of extreme long runs of pipe, the pipe
size must be increased to such size as may be di-
rected by the inspector.
In all cas.es the pipe must be of sufficient size to
carry the maximum installed appliance capacities at
one ounce pressure drop.
Whenever any gas piping system is installed which
does not come within the limits above specifically
provided for, or which is installed in buildings or
premises other than those above described, the sizes
of the pipes used in such installation shall be such
as are sufficiently large to properly supply the de-
mand which may be used through such system, as
the same may be determined from standard tables
of pipe sizes in common use, and such as may be
prescribed by the inspector and no such system shall
be installed until the pipe sizes to be used are ap-
proved by the Inspector. (~14, Ord. 4120, 11-21-31).
.
5-515. Inspection-Approval, Defective Work Re-
moved. If, upon inspection and test by the Inspec-
tor, the installation of any gas piping or any part
thereof shall be found not to comply with the re-
quirements of this ordinance, the same shall be
changed, re-arranged, repaired or removed to con-
form to this ordinance and with the requirements
of the Inspector within such reasonable time as the
Inspector may deem necessary, not to exceed five
days, and no gas shall be turned on or permitted to
flow through any such piping or system until the
same shall be inspected and approved by the Inspec-
tor, and any work or installation of any kind or any
part thereof, which shall not or cannot be repaired
or changed to conform to this ordinance and to the
requirements of the inspector, shall be immediately
removed from any premises by the person installing
the same and shall not at any time be used as a
part of or in connection with the piping or distri-
bution of gas in or upon any such premises. (~15,
Ord. 4120, 11-21-31).
5-516. Record-Certificate. The inspector shall
keep a record of all inspections of gas piping made
by him and when the gas piping system or installa-
tion in or upon any premises, after inspection shall
be found by him to comply with the requirements
.
of this ordinance, he shall issue to the party doing
any such work, or to the owner of such premises, in
duplicate, a certificate of satisfactory inspection, one
copy of which shall be delivered to the gas company
before gas is turned into such system. (~16, Ord.
4120, 11-21-31).
5-517. Res-ponsibility. This ordinance shall not
be construed to lessen the responsibility of any per-
son owning, operating, controlling or installing any
gas mains, service pipes, distribution pipes con-
nections, or gas fixtures, fittings, or appliances for
damages caused to any person or property by any
defect therein or by the acts or omissions, negligent
or otherwise of any such person, or by any failure
to comply with the provisions of this ordinance, nor
to relieve any such person from any such liability
or responsibility, nor shall the City of Salina or any
of its employees or agents be held as assuming any
such liability or responsibility by reason of the in-
spection authorized and required by this ordinance,
or by reason of any failure on the part of the city
or any of its agents to make any such inspection or
to discover any defect as a result of any inspection
required by this ordinance, or on account of the
failure of such city or any of its agents to enforce
the provisions of this ordinance. (~17, Ord. 4120,
11-21-31).
5-518. Any person who shall violate or fail to
comply with any of the requirements of this ordin-
ance or any requirements, order or direction of the
Plumbing Inspector given pursuant to this ordinance
shall upon conviction be deemed guilty of a mis-
demeanor and upon conviction shall be punished by
fine or not less than $25.00 nor more than $100.00,
or by imprisonment not to exceed 30 days or by both
such fine and imprisonment, for each such offense.
(~18, Ord.4120, 11-21-31).
5-519. Wherever the term "person" is used in this
ordinance, it shall be deemed to apply to any cor-
poration, co-partnership or association and to any
officer, manager, member, agent, servant or repre-
sentative thereof to the same extent as if each of
such had been specifically mentioned herein. (~19,
Ord. 4120, 11-21-31).
49
.
.
.
Ch. 5, Art. 6
BUILDING CODES-Regulations, etc.; Signs
51
ARTICLE 6.-Signs.
5-601. Permits for signs. No person or persons,
corporation or company shall erect or cause to be
erected or re-erected within the limits of the City
of Salina, Kansas, any sign upon or attached to any
building, across or over any street or public highway
therein, without first, before proceeding with the
erection or hanging of any such sign in said City, ob-
taining a permit for such erection or hanging from
the Building Inspector, and it shall be unlawful to pro-
ceed with the erection or hanging of any sign unless
such permit shall first have been obtained. All
such signs hereafter constructed or erected shall
comply with and be erected in accordance with the
provisions of this ordinance. (~1, Ord. 3021, 8-25-
24).
5-602. Application for permit; fees. Before a per-
mit is issued by the Building Inspector, the applicant
therefor shall sign an application in writing, which
shall show the proposed location, size, nature and
method of construction of such sign, and any other
information which the Building Inspector may re-
quire in connection therewith. If the sign to be
erected, as shown by such application, conforms with
the provisions of this ordinance, the Building In-
spector shall, upon payment of a fee of 50c therefor,
issue such permit. All such fees collected by the
Building Inspector shall be by him paid into the
City Treasury between the 1st and 10th of the month
following their collection, with a report in duplicate
to the City Clerk, showing from whom and for what
purpose such sums were collected. (~2, Ord. 3021,
6-25-24). (See 13-1406, G. S. 1935).
5-603. Construction of Signs. All signs hereafter
erected or re-erected within the fire limits as now or
hereafter defined shall be either of metal or other
non-combustible material, (or of wood construction
with both faces, or back and face, wholly covered by
metal.) Wood signs now in use may be reconstruct-
ed or re-erected, if the back of signs flat against the
building are covered with metal. Temporary cloth
signs may be erected and maintained upon special
permit secured from the Building Inspector, and
under such regulations as the Building Inspector
may require, but no such temporary cloth sign shall
be used for more than thirty days, and no permit
therefor shall be issued for a longer period. No
sign of any kind shall be erected upon, or attached
to any building within the fire limits except upon a
permit applied for and issued in the manner pro-
vided for in Sections 1 and 2 of this Ordinance.
(~3, Ord. 3021, 6-25-24; Amd. ~1, Ord. 3473, 10-5-27).
5-604. Projecting or Hanging Signs-Regulations.
That no sign hereafter erected or constructed or re-
erected, reconstructed or rebuilt, in the City of
Salina, Kansas, attached to or projecting. from any
building, structure, post or other fixture, shall pro-
ject into or hang over or across any street or public
thoroughfare, (including that part thereof occupied
by any sidewalk or parkway) a distance of more
than 6 feet from the perpendicular side of the build-
ing, structure, post or other fixture to which any
such sign may be attached or affixed, and in no
event more than six feet from the property line be-
tween the street and the private property upon which
any such building, structure, post or other fixture
is located and the lowest part of any such sign shall
be at least ten feet above any such sidewalk or other
portion of the street or public thoroughfare above
which such sign is erected, except that flat signs
made of one thickness of metal only and having an
area on one side of three square feet or less and the
outer edges of which do not extend more than two
feet from the building or structure to which they
are attached may have the lowest edge thereof not
less than eight feet above any such sidewalk or
other portion of the street directly underneath the
same. Any sign, now existing, which projects into
or hangs over or across any street or public thor-
oughfare or any portion thereof, the lower edge of
which is closer to the sidewalk or other portion of
such street directly underneath the same than the
distance herein provided for the classes of signs
herein described shall be immediately removed by
the owner thereof upon notice from the building in-
spector, and if any such owner shall refuse or ne-
glect to remove any such sign upon receipt of such
notice the building inspector shall, and he is hereby
authorized to remove any such sign; Provided, how-
ever, that the City shall have the right at any time
to change the requirements or specifications for any
such signs or any other sign heretofore or hereafter
erected which project into or hang over any street
or part thereof or to order the same removed at
any time hereafter and any permit for the erection
or re-erection or construction of any such sign may
be revoked at any time by the Board of Commis-
sioners of the City of Salina. (~4, Ord. 3021, 6-25-
24; Amd. ~1, Ord. 3800, 10-14-29; Amd. ~1, Ord. 38il~,
3-1-30).
5-605. Signs flat against building. All signs
erected flat against any building or structure shall
be securely anchored to such building or structure
in a manner sufficient to withstand the weight of
the sign and the probable wind pressure, the method
of anchoring such signs in each case to be approved
by the Building Inspector. (~5, Ord. 3021, 6-25-24).
52
BUILDING CODES-Regulations, etc.; Signs
Ch. 5, Art. 6
5-606. Swinging on poles; attached .to trees 01'
posts; prohibited. No sign hereafter erected or re-
erected over or across any street or public thorough-
fare or over or across any sidewalk or parkway
therein except signs having an area of 4 square feet
or less, and not extending more than 3 feet from
the building to which attached, shall be allowed to
hang on a pole or rod in such a manner that the
same will swing with the wind, but shall be anchored
so that the same will be rigid and self-supporting,
and no such signs shall have less than two side guy
wires and one guy wire supporting same from the
top, except by special permission from the Building
Inspector when he may deem such guy wires un-
necessary. No sign, which is now or hereafter erect-
ed, shall be supported by a post or support placed
in or upon any street or public thoroughfare within
the City of Salina, or in or upon any sidewalk 01'
parkway therein, nor shall any such sign be sup-
ported by or attached to any tree in 01' upon any
such street or other thoroughfare 01' any parkway or
sidewalk therein. (96, Ord. 3021, 6-25-24).
5-607. Signs on hinged brackets; exceptions. All
signs hereafter erected or re-erected, attached to
buildings or structures and extending over a side-
walk, street or public thoroughfare, except signs
having an area of 4 square feet or less and extend-
ing not more than 3 feet from the building, shall
be erected with hinged brackets, the center of action
of which shall be not more than six inches from the
building or other structure to which the same is at-
tached, so that the sign will swing to the building
without falling, should the side guy wires or braces
become loosened from any cause. The supports for
any such sign shall be fastened to the building or
structure in a safe and secure manner, sufficient to
support the signs and to withstand the probable wind
pressure, and shall be subject to the approval of the
Building Inspector. (97, Ord. 3021, 6-25-24).
5-608. Signs inspected and approved. All signs
hereafter erected under the provisions of this or-
dinance shall have the final inspection and approval
of the Building Inspector upon notice to him of the
completion of such sign, such approval to be evi-
denced by a certificate to that effect signed by the
Building Inspector. Any person or corporation fail-
ing to notify the Building Inspector promptly upon
the completion of any sign shall be deemed guilty of
a violation of this ordinance. (98, Ord. 3021, 6-25-24).
5-609. All signs subject to inspection; unsafe
signs removed. All signs now or hereafter erected
shall be, at all times, subject to the inspection of the
Building Inspector or whenever any complaint has
been made him, or whenever he deems such inspec-
tion necessary. If the Inspector shall, at any time,
find any sign insecurely anchored or in any manner
unsafe or in such condition that it or any support or
part thereof is liable to fall 01' break, he shall have
authority to either order the same entirely removed
01' to order the same to be repaired or secured in
such a manner as he may deem necessary, if, in his
opinion, it can be safely repaired or secured. Any
person, whether the owner of the sign or building to
which it is attached or in charge of such building
or the occupant thereof, or the agent, representative,
officer 01' member of any firm or corporation owning
such sign or owning or occupying such building, or
in charge thereof, who refuses to comply with any
such order shall be deemed guilty of a violation of
this ordinance. (99, Ord. 3021, 6-25-24).
5-610. Signs unsafe or contrary to ordinance;
abated and removed as nuisance. Any sign hereafter
erected or maintained contrary to the provisions and
requirements of this ordinance, or any sign which
may at any time be deemed by the Building Inspec-
tor to be in an unsafe condition, shall be deemed and
is hereby declared to be a nuisance and may be abat-
ed and removed at the cost of the owner thereof in
the same manner as now provided for the abatement
and removal of other nuisances. (910, Ord. 3021,
6-25-24) .
5-611. Signs which may be supported by rod.
Flat signs having an area of 4 square feet or less
on one side thereof, which do not extend more than 3
feet from the building to which they are attached,
may be supported by a pole or rod securely fastened
to the building in a manner satisfactory to the Build-
ing Inspector and shall be otherwise supported in
such a manner as the Building Inspector may direct.
(911, Ord. 3021, 6-25-24).
5-612. Violation of Sections 5-601 to 5-611; pen-
alty. Any person who violates, neglects or refuses
to comply with or who resists or opposes the enforce-
ment of any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon convic-
tion thereof shall be fined not less than $10.00 nor
more than $200.00 for each offense. Whenever in
this ordinance the word "person" is used, the same
shall be deemed to apply to any agent, representa-
tive, member or officer of any firm or corporation
owning or in charge of any signs in this ordinance
mentioned, or owning, occupying or in charge of any
building to which such sign may be attached, or re-
sponsible for the erection or maintenance of any
such sign. Each day's continuance of any offense
herein defined shall be deemed to be a separate of-
.
Ch. 5, Art. 6
BUILDING CODES-Regulations, etc.; Signs
53
fense and violation for each day in which such vio-
lation, neglect or refusal shall continue. (~12, Ord.
3021, 6-25-24).
ber of Commerce is hereby granted permiSSIOn to
erect an electric sign, advertising the City of Salina,
across Twelfth Street at the intersection of Twelfth
Street and Bishop Street. Said sign to be placed
on the parking inside the curb line and parallel with
the lot line on Bishop Street east and west. (Reso-
lution adopted by City Council, September 2, 1916).
5-613. Chamber of Commerce; sign across Twelfth
Street at Bishop. Resolved by the Mayor and Coun-
cilmen of the City of Salina, that The Salina Cham-
.
.
.
.
Ch. 5, Art. 7
BUILDING CODES-Regulations, etc.; Bill Boards
ARTICLE 7.-Bill Boards.
5-701. Classification. For the purpose of this or-
dinance, billboards and signs shall be divided into
three classes, to-wit: ground signs, roof signs and
wall signs. A ground sign shall be deemed to in-
clude any billboard, signboard or other structure,
including fences, erected or used for advertising
purposes, and not used as a wall on any permanent
building or attached flat against the wall of any
such permanent building. A wall sign is a sign
painted, posted, or otherwise attached to or display-
ed upon the wall of a permanent building. A roof
sign is any sign erected above any building. (~1,
Ord. 3999, 1-8-31).
5-702. Definition. The business of outdoor ad-
vertising shall be deemed to include the business of
owning, operating, erecting, constructing and/or
maintaining wall, roof or ground signs for the pur-
pose of showing, painting, pasting, or otherwise dis-
playing thereon or attaching thereto the advertising
matter of any person other than the person owning,
operating, erecting, constructing and/or maintaining
such ground, roof or wall sign. (~2, Ord. 3999, 1-
8-31) .
5-703. Conform to Zoning Ordinances. Nothing
contained in this ordinance shall be deemed to permit
the erection, construction or maintenance of any bill-
board or sign of any nature whatsoever in any lo-
cation in the City of Salina where the erection, con-
struction and/ or maintenance of the same is or may
be otherwise prohibited by the zoning ordinance of
the City of Salina; or in any commercial district
where commercial buildings are restricted to resi-
dential type and residential set back, as defined in
the ordinances amending said zoning ordinance; or
in any other location in the City of Salina except
where the license or permit therefor and the location
of such sign or billboard shall be specifically approv-
ed by the action of the Board of Commissioners of
the City of Salina; and wherever in this ordinance
provision is made for the issuance of any license or
permit, no such license or permit shall be issued by
the City Clerk or any other officer of the City of
Salina until the same shall have been specifically
approved and authorized by the Board of Commis-
sioners. (~3, Ord. 3999, 1-8-31; Amd. ~1, Ord. 4043,
4-11-31).
5-704. Other Regulartory Ordinances. Nothing
in this ordinance shall be deemed to apply to signs
hanging over or extending over any street or part
thereof in the City of Salina, which signs are gov-
erned and regulated by other ordinances of said city.
(~8, Ord. 3999, 1-8-31).
.
5-705. Licenses; Permits; Application. No person
shall engage in the business of outdoor advertising
at any location within the City of Salina without
tirst securing, annually, a license from the City of
Salina to conduct such business in the City of Salina;
and without first having paid the annual license fee
01' occupatIOn tax, and filing the bond herein pro-
vlded for. Any person desiring to engage in such
business, and desiring to erect and/ or mamtain signs
01' b1llboards, shall file a written application with the
CIty Clerk for such license, and for a permit to erect
any additIOnal signs or billboards, whlch shall state
the name and address of the appl1cant, the size and
lOcation of the billboards or signs being operated 01'
maintained 'by such applicant and of any additional
s,gns or billboards which he may desire to erect and
mamtain. When any such application for a license
01' permit, or both, is filed, the applicant shall de-
posit wlth the City Clerk the amount of the license
or occupation tax, the inspection fees and bond here-
matter provided for. (~5, Ord. 3999, 1-8-31).
5-706. Same-Amounts. Every person engaging
in the bus mess of outdoor advertising in the City of
Salina shall pay annually a license 01' occupation
tax therefor, which shall be based on the number
and size of the billboards and/ or signs owned, main-
tained and/or operated by such person, as follows:
For each sign or billboard or separate panel being
of a dimension of 25 feet by 11 feet, or less, 50c.
For each additional 200 square feet or fractional
part thereof of any sign or billboard, or panel there-
of, /50c; provided, that no single sign or billboard,
or panel thereof, shall have an area in excess of
600 square feet; and provided further,
That the minimum annual license or occupation
tax to be paid by each person engaged in such busi-
ness shall be $100.00. (~6, Ord. 3999, 1-8-31).
5-707. Inspections. When any such application
for a license to engage in the business of outdoor
advertising is filed with the City Clerk, properly
filled out as herein provided for and signed by the
applicant, and when any application for a permit
to erect and maintain billboards or signs has been
filed, which applications shall state the size and loca-
tion of each existing or proposed billboard or sign,
and there has been deposited with the City Clerk
of Salina, Kansas, the license tax and bond as here-
inafter provided, together with an inspection fee of
50c for each billboard or sign, or panel thereof, then
erected or thereafter to be erected, the City Clerk
shall refer such applications to the Building Inspec-
tor of the City of Salina, who shall inspect the bill-
55
56
BUILDING CODES-Regulations, etc.; Bill Boards
Ch. 5, Art. 7
boards or signs described in said applications, and I shall contain the written consent of the principal and
the proposed location of new billboards or signs. surety that any suit instituted thereon may be
If, upon the i~sp.ection of any existing sign or bill- brought in Saline County, Kansas. (~9, Drd. 3999,
board, the BUlldmg Inspector shall find it is con- 1-8-31).
structed in accordance with this, and any other or..
dinance of the City of Salina applicable thereto,
then the Building Inspector shall indorse such find-
ing on the application and shall return it to the City
Clerk. In the event the licensee shall file an apph-
cation for a permit to erect, construct and maintain
additional boards, the Building Inspector shall in-
spect the proposed location and shall endorse on the
application his finding as to whether or not such
proposed billboard is in a place authorized by this
and any other existing ordinance of said city, and
shall return the same to the City Clerk. If the ap-
plication is approved, the applicant may construct
such billboard, and upon its completion, the Building
Inspector shall inspect such sign or billboard upon
notice from the licensee of its completion and if he
finds the same has been erected in compliance with
this ordinance, he shall indorse such findings on the
original application and the license therefor shall
be issued as herein provided. (S7, Drd. 3999, 1-8-31).
5-708. Board of Commissioners to Pass on Appli-
cations. If, in any case, the Building Inspector is
in doubt as to whether or not any sign or billboard
inspected by him, or the location or proposed location
thereof is in conformity with the provision of this
and any other existing ordinance of the City of
Salina, then he shall return such application, with
his findings and recommendations thereon to the
City Clerk who shall present such application and
the Building Inspector's report to the Board of Com-
missioners. In such case, the Board of Commissioners
shall consider the same, and if in their opinion, the
sign or billboard in controversy and the location or
proposed location thereof, complies with the provi-
sions of this and any other existing ordinance, then in
such event, they shall instruct the City Clerk to is-
sue a permit to erect such billboard or sign at such
location. If the Board of Commissioners are of the
opinion that any such sign or billboard, or the loca-
tion or proposed location thereof, is in violation
with this, or any other ordinance, then such appli-
cation shall be rejected. (~8, Drd. 3999, 1-8-31).
5-709. Bond Required. No license shall be issued
to any such person as herein provided for until such
person shall file with the City Clerk a good and
sufficient bond in the sum of $500.00, conditioned
that he will comply with all of the terms and con-
ditions of this ordinance, with a corporate surety
authorized to do business in this state, which bond
5-710. Issuance of License. Upon the return of
an application by the Building Inspector to the City
Clerk with his approval of any such sign or bill-
board and the location thereof, or in the event any
application has been referred to the Board of Com-
missioners, upon receiving authority from the Board
of Commissioners, and upon a showing that the
license or occupation tax, the bond filed and the in-
spection fees have been paid, the City Clerk shall
issue a license to such applicant covering only the
locations specifically described in such application.
(SI0, Drd. 3999, 1-8-31).
5-711. Refunds on Fees. If, in any case, the
Building Inspector or the Board of Commissioners
as the case may be, shall reject the application of
any person for the permit to erect, construct and/or
.naintain any sign or billboard at any particular lo-
cation, for which such person has deposited the li-
cense fee as required by this ordinance, the amount
so deposited for said fee shall be returned by the
City Clerk to such person, but in no event shall the
mspection fee be returned. (Sll, Drd. 3999, 1-8-31).
-
5-712. Licenses; Expiration. Any license herein
provided for, when issued by the City Clerk, shall
expire on the 31st day of December following the
date of the filing of the application therefor. (SI2,
Drd. 3999, 1-8-31).
5-713. Conformance with Regulations, Required.
No sign or billboard, governed by the provisions of
this ordinance, shall be erected, constructed or main-
tained within the City of Salina unless the same
shall be erected, constructed and maintained in ac-
cordance with the provisions of this ordinance, as
hereinabove or as hereinafter set forth. (~13, Drd.
3999, 1-8-31).
5-714. Ground Signs; Setbacks. Every ground
sign now or hereafter located, constructed, owned,
operated and/or maintained in the City of Salina
by any person shall be set back from the street line
a distance at least equal to the extreme height of
such ground sign from the ground upon which it is
located, except where located on State or Federal
Highways, where such set back shall be not less
than 25 feet from the street line of such street, and
except that electric arms for the illumination of any
such sign may extend not more than six feet in front
of such sign. If any buildings have been construct-
ed on the same side of the street within the block
.-
.
Ch. 5, Art. 7
BUILDING CODES-Regulations, etc.; Bill Boards
on which said sign is located such sign shall not be
constructed or maintained nearer to the street line
than the front line of any building next adjacent,
on either side, to such sign. In no event shall any
such sign be located nearer than 25 feet from the
corner of any intersection street. (1\14, Ord. 3999,
1-8-31) .
.
5-715. Ground Signs; Requirements. No ground
sign shall extend more than fifteen feet in height
from the ground nor shall the bottom of the solid
portion of any such sign be closer than two feet
to the ground, provided that the space beneath such
sign may be filled in with decorative lattice work.
No such sign nor any part thereof or any ornamen-
tation connected therewith shall be erected, con-
structed or maintained within three feet from the side
line of any lot or tract of land upon which the same
may be located or nearer than five feet to any build-
ing, or within three feet of any other such sign,
provided that the space between any such signs
may be filled in with decorative lattice work. No
such ground sign shall exceed 50 feet in length.
Each such sign shall be of modern, safe and sub-
stantial construction, sufficient to make it safe from
the ordinary hazards of windstorm and fire and the
method of construction shall be subject to the ap-
proval of the Building Inspector. Each such sign
shall be maintained at all times in accordance with
such requirements. (915, Ord. 3999, 1-8-31).
5-716. Area around signs to be kept free of weeds
etc. All of the ground owned or leased by the li-
censee for the erection, construction and mainten-
ance of a billboard or sign, and in any event all
ground between such sign and the street which it
faces, and for five feet on each side thereof, shall, at
all times be kept free from weeds, trash or other
debris and unsightly material and in a sanitary
condition by the person owning, operating or main-
taining such sign. (916, Ord. 3999, 1-8-31).
5-717. Wall Signs; Regulations. No wall sign
shall be erected and/ or maintained unless the same
be painted or posted directly upon the wall of a
building, or attached or affixed directly to and flat
against such wall, provided that arms for the illumi-
nation of any such wall sign may extend not to ex-
ceed six feet in front of any such sign and shall be
not less than ten feet above the ground or sidewalk
level. Any such sign when attached to any such
building shall be firmly anchored to the building
in a manner satisfactory to the Building Inspector
and so as to make the same safe and secure and no
such sign or any parts thereof or appurtenances
.
thereto shall covel' or interfere with any door or win-
dow or fire escape of any such building, provided,
however, that any sign so erected flat against any
wall may extend far enough from said wall to per-
mit the safe and proper construction of the same;
and provided further that no such wall sign shall
be erected and face any alley. (917, Ord. 3999, 1-
8-31) .
5-718. Roof Signs; Requirements. Every roof
sign shall be wholly of metal and of steel frame and
construction, and shall be safely and securely an-
chored to the building in a manner satisfactory to
the Building Inspector, and in such a manner that
the maintenance thereof will not be dangerous to the
public. (918, Ord. 3999, 1-8-31).
5-719. Licenses; Exemptions. That part of this
ordinance requiring the securing of a license and the
payment of a license or occupation tax shall not
apply to any sign or billboard owned, leased, main-
tained and/or operated exclusively by the person
whose business is advertised thereon, and which is
used exclusively for the purpose of advertising the
business of or commodities sold or dealt in by any
such person, but each and every other provision of
this ordinance shall apply to each such sign or bill-
board; and each person so desiring to erect or main-
tain such sign shall make proper application annual-
ly, to the City Clerk for a permit to erect and/or
maintain the same and make a deposit of the inspec-
tion fee required by this ordinance, which applica-
tion shall be delivered to the Building Inspector who
shall inspect the same is in this ordinance provided,
and all other provisions of this ordinance shall apply
to such sign, the construction and the maintenance
thereof. Any permit issued pursuant to this or-
dinance shall expire on December 31st following the
issuance thereof. (919, Ord. 3999, 1-8-31).
5-720. Advertisement of Personal Business; Re-
quirements. Any person who desires to construct
own, operate and maintain any sign or billboard for
the advertisement of his own business or of com-
modities sold or dealt in by such person, but who is
not required to secure a license as required herein,
shall file annually an application with the City
Clerk for a permit to maintain such signs or bill-
boards giving the location or proposed location of
any such signs or billboards, and shall deposit with
the City Clerk the inspection fees as provided for in
this ordinance, which application shall be referred
to the Building Inspector, who shall thereupon pro-
ceed to make an inspection thereof in the same man-
ner as hereinbefore provided. If upon such inspec-
tion, the Building Inspector shall find that the con-
57
58
BUILDING CODES-Regulations, etc.; Bill Boards
Ch. 5, Art. 7
struction of any such sign or billboard does not con-I owned, operated, and/or maintained within the City
form with the provisions of this ordinance or that of Salina in violation of any of the provisions of
the location or proposed location thereof is in viola- I this ordinance 01' of any other existing ordinance,
tion of any of the provisions of this ordinance or of i the Building Inspector shall immediately notify the
the provisions of any other ordinance in the City of ' licensee thereof, or the person owning, maintaining
Salina, he shall endorse such finding on the applica- and/or operating the same, or the owners of the
tion, and no sign or billboard shall be erected at such land upon which the same is located, of such vio-
location, and if erected any such sign or billboard lation, and if within ten days from the giving of
shall be promptly removed from such location. If such notice any such person shall not remove such
upon such inspection the Building Inspector shall sign or billboard, or shall fail to comply with any
find that the sign or billboard or the proposed sign of the provisions of the ordinance which are being
or billboard, and the location thereof conforms with violated, the Building Inspector shall remove such
this and other provisions of the ordinances of the sign or billboard at the expense of any such person,
City of Salina, he shall endorse such finding on the which expense shall be reported to the Board of Com-
application and return the same to the City Clerk, missioners by the Building Inspector and assessed
who shall thereupon issue a permit for the main- against any such person or the land upon which such
tenance and operation of such sign or billboard. billboard is located, and collected as other special
(~20, Ord. 3999, 1-8-31). taxes are collected, or the same may be collected
under the provisions of the bond herein required,
and in addition thereto, the license or permit issued
for any such sign or billboard may be revoked by
the Board of Commissioners. (~25, Ord. 3999, 1-
8-31) .
5-721. Name. The name of the person owning,
operating and/or maintaining any sign or billboard
governed by the provisions or this ordinance shall
be attached in a conspicuous place to each such
sign or billboard. (~21, Ord. 3999, 1-8-31).
5-722. Single Bond Required. Only one bond, as
required by this ordinance, shall be required of any
applicant for a license as provided for herein, and
if any person applying for a license shall have pre-
viously filed such bond and the same shall be in
force and effect, no additional bond shall be required
for the issuance of such additional license. When-
ever any bond shall expire or be cancelled by the
surety, and the licensee shall fail within 10 days
thereafter to file a new bond, the license of such
person shall be cancelled by the Board of Commis-
sioners. (~22, Ord. 3999, 1-8-31).
5-723. Real Estate Signs. This ordinance shall
not apply to signs having an area of not more than
thirty-six square feet, located on real estate within
the lot lines, and advertising such real estate for
sale or rent. (~23, Ord. 3999, 1-8-31).
5-724. Pasted Posters. No person shall permit
any pasted posters to remain on any sign or bill-
board after such posters or any part thereof shall
have been loosened or torn from any such sign or
billboard, and every person shall, when any such pos-
ter or any part thereof becomes loosened from any
such sign or billboard, immediately remove such
poster, and every part thereof, therefrom. (~24,
Ord. 3999, 1-8-31).
5-725. Violations-Notice Removal of Signs. If
any sign or billboard is now or hereafter erected,
5-726. Definitions. The term "person" as used in
this ordinance shall be deemed to include any indi-
vidual, co-partnership, association or corporation, or
any agent, servant, representative, member, officer,
manager or director thereof. (~26, Ord. 3999, 1-
8-31) .
....
5-727. Violation; Penalty. Any person who shall
violate or shall fail to comply with any of the pro-
visions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction shall be punished
by a fine of not less than $10.00 nor more than $25.00
for each offense, and each days continued violation
of or failure to comply with this ordinance shall
be deemed to constitute a separate offense, and pro-
vided further that upon conviction of more than one
violation of this ordinance in any year by any person
required to have a license under the provisions of
this ordinance, the license of such person may be
revoked by the Board of Commissioners of said city.
(~27, o rd. 3999, 1-8-31).
5-728. Saving Clause. If any sentence, clause or
section of this ordinance shall be held to be uncon-
stitutional by the final judgment of any court of
competent jurisdiction, such judgment shall be deem-
ed not to effect any other sentence, clause or section
hereof, and it is hereby declared that each sentence,
clause or section of this ordinance is hereby adopted
and would have been passed, independently of each
and every other sentence, clause or section hereof.
(~28, Ord. 3999, 1-8-31).
-
.
ARTICLE 8.-House Moving.
BUILDING CODES-Regulations, etc.; House Moving
Ch. 5, Art. 8
5.801. Hoving house or building; permit required.
That 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
house or other building, or any part thereof from
one place to another within the City of Salina, Kan-
sas, and through, over, on or across any street, ave-
nue, alley or other public thoroughfare within said
city, without first making application for, and se-
curing a permit so to do from the city clerk of said
city. The application shall contain a description of
the building, its location, the location to which it is
to be moved and the proposed route; and for such
permit such applicant shall pay to the City of Salina,
Kansas, at the time such application is filed, a fee
of two dollars ($2.00) to be paid to the city clerk.
({lI, Ord. 2947, 3-8-24).
.
5-802. Building inspector; fire chief approve route;
clerk issue permit. Before any such application is
filed it shall be referred to the Building Inspector
of the City of Salina, Kansas, who shall inspect any
such house or building described in such application,
and, if, in his opinion, such house or building 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 intended, he shall endorse his certificate
of approval upon the application. If the application
is approved by the Building Inspector he shall submit
the same to the Fire Chief for his approval of the
route over which such building is to be moved. Such
approval shall be noted on the application, and if the
route is rejected, the Fire Chief shall note thereon
a route which is satisfactory to him. When such
application is filed, with the certificate of such Build-
ing Inspector and Fire Chief noted thereon, the City
Clerk shall issue the permit provided for in the
preceding section hereof. ({l2, Ord. 2947, 3-8-24).
5-803. Removal of wires; charges. Any person
or persons desiring to move any such house or other
building, on, over or across any street, avenue,
alley or other public thoroughfare, across or
along which any telegraph, telephone, electric light
or fire alarm wires have been placed, shall give to
the person, firm or corporation owning or in charge
of such wires at least twenty-four (24) hours' writ-
ten notice of the time and place, when and where,
it may be necessary to cut or remove such wires to
permit the moving of such house or other building
and shall deposit in advance with such person, firm
or corporation the estimated cost of cutting, remov-
.
ing and replacing such wires. The owner or person
in charge of such wires shall, within a reasonable
time after the hour mentioned in such notice, re-
move said wires for a sufficient length of time to
permit such moving, and the entire cost and expense
of removing, cutting and replacing of said wires, in-
cluding the time spent by the employees of the owner
of such wires in going to and from such place, so as
to permit the moving of any such house or other
building, shall be paid by the person or persons mak-
ing such request, providing however, that where such
wires are less than twenty (20) feet above the sur-
face of the street the owner shall remove and re-
place the same without charge; provided, however,
that if by the terms of any existing franchise or
ordinance, any person, firm or corporation has been
given the right to maintain wires on, along or across
any street or public thoroughfare in the City of
Salina at a distance of not less than sixteen (16)
feet from the ground, then the person, firm or cor-
poration 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 the street. ({l3, Ord. 2947, 2-8-24; as
amended by {l1, Ord. 2963, 4-14-24).
5-804. Moving along certain streets prohibited.
It shall be unlawful for any of the persons mention-
ed in section 1 of this ordinance to move any house
or other building into, along, through, upon or across
Santa Fe A venue, 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
in said city 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
Board of Commissioners. ({l4, Ord. 2947, 3-8-24).
5-805. Standing in streets; signals. It shall be un-
lawful for any of the persons mentioned in section
1 of this ordinance to permit any such house or other
building to stand in or upon any street, avenue,
alley or any other public thoroughfare in said city
between the hour of sunset and the hour of sun-
rise without placing and maintaining between such
hours aforesaid, in a conspicuous position on said
house or other building, at least three red lights or
lanterns on each side of such house from which di-
rection any traffic may approach, and without plac-
ing and maintaining between such house, upon any
and all apparatus or equipment used in connection
with such house moving, and remaining in any such
59
60
BillLDING CODES-Regulations, etc.; House Moving
Ch.5, Art.- 8
stl'eet and thoroughfare, a-sufficient number of red
lights 01' lanterns so as to make the same visible
t6 all approaching traffic. (95; Ord. 2947, 3-8-24).
5-806. Signals at ends of block. If any such house
or other building 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 per-
son, firm or corporation doing such moving shall
place at each end of the block a warning sign of
such size and method of construction as may be
approved by the street commissione1', which shall,
however, leave space at either side of such sign lor
the passing of traffic, for the purpose of notifying
users of such street that the same is blocked and
impassable, and any such sign shall be sufficiently
lighted at night so as to make it plainly visible to
all approaching the same and the person so moving
any such house or building at the close of work on
each day notify the Fire Chief of the exact location
of any such house or other building in any street,
avenue, alley or other public thoroughfare in the
City of Salina. (96, Ord 2947, 3-8-24).
5-807. Extending over curb line. No house or
other building shall be moved over, through, on or
across any street, avenue, alley or other public
thoroughfare in the City of Salina, where any part
of such house or building extends over either curb
line of such street, alley or public thoroughfare, ex-
cept in the block from which or into which the house
is to be moved. (97, Ord. 2947, 3-8-24).
5-808. Trees; trimming; supervision; responsibil-
ity. (Sec. 12-1611, G. S. 1935). No tree nor any
branch, limb or part thereof shall be broken, cut
off or removed by any such person or persons fOT
the purpose of moving any house or building, ex-
cept under the direction and supervision of the Park
Commissioner of the City of Salina 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 said park commissioner. Any
person so breaking or removing any tree or part
thereof as herein provided for or who shall direct or
request such breaking, cutting or removing, or who
may be responsible therefor, shall pay the expense
of such supervision and the expense of any employ-
ees of said Park Commissioner or of the City of
Salina in and about such supervision or in the cut-
ting or treatment of such tree, provided however,
that this section shall not be deemed to permit the
cutting or trimming of any tree contrary, to the pro-
visions of the laws of the State of Kansas, nor to re-
lieve any such person of any liability on account of
any such cutting or trimming as provided for by the
laws of the State of Kansas, and providedfurther that
for the purpose of this section, the Park Commission-
er or his employees or other employees of the City of
Salina, shall, when engaged in the cutting, trim-
ming or removing of any tree or part thereof for the
purpose of permitting any house or building to be
moved, or when engaged in any manner in trimming
or cutting any tree or part thereof at the direction
or request of any such person, be deemed to be the
agent and representative of the person on whose be-
half such cutting and trimming is done, and who
secured the permit for moving such house or other
building, and such person shall be responsible for
the acts of such Park Commissioner or any other
such employees in connection with the cutting, trim-
ming or destruction of any such tree or trees or
parts thereof. (98, Ord. 2947, 3-8-24).
5-809. Violation of ordinance; Penalty. Any per-
son, either as an individual or as the officer, agent,
representative, employee or member of any firm or
corporation, and whether as the owner or as the
representative of such owner of the house being
or to be moved, or whether as the contractor for
the moving of any such house, who shall violate
any of the provisions of this ordinance, or who shall
order, direct, authorize or permit the violation of
any of the provisions of this ordinance shall be
deemed, upon conviction thereof, guilty of a mis-
demeanor and shall be fined not less than fifty dol-
lars ($50.00) nor more than $100.00 for each viola-
tion, provided, that each and every violation of any
provision of this ordinance shall be deemed a sep-
arate offense and that each separate day's violation
of the provisions of this ordinance shall be deemed
a separate offense and provided further, that the per-
son iuaking the application for the permit provided
for in this ordinance, 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
ordinance by any other person in any way con-
nected 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 ordinance of which
such person may be found guilty. (99, Ord. 947, 3-
8-24).
5-810. Bond required; sureties. That before the
issuance of any permit by the City Clerk, as pro-
vided for in section one (1), the applicant therefor
shall file with said City Clerk a bond in the sum of
$2,000.00, conditioned that said applicant shall and
....
""
.
61
.
will carry out and perform all of the duties imposed
upon him by the provisions of this ordinance, and
that such applicant will indemnify and save harm-
less the said City of Salina and all other persons
from and against all damages and injury caused by
such moving and from and against all claims for
injury or damage whatsoever suffered or claimed to
have been suffered on account of the moving of any
such house or building or on account of the omission
or commission of any act in connection therewith,
and indemnifying the City of Salina and the public
and any and all persons against any injury, damage
or loss suffered by them or caused by reason of said
moving or resulting therefrom or from the viola-
tion of any of the terms of this ordinance. Such
bond shall be approved as to form by the City At-
torney of the City of Salina and as to the sufficiency
of the sureties by the City Manager of the City of
Salina. No surety company shall be accepted as such
surety unless it shall be authorized to do business
in the State of Kansas and shall have an authorized
representative in the City of Salina, and any such
bond shall provide that the City of Salina or any in-
dividual 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 liabil-
ity by giving ten days notice in writing of such
cancellation to the City Clerk, to take effect at the
expiration of said ten days, and after the giving of
such notice, no permit shall be issued to the prin-
cipal and in such bond until he shall file another
BUILDING CODES-Regulations, etc.; House Moving
bond as required by this section. (~10, Ord. 2947, 3-
8-24) .
5.811. Moving house or building; planking re-
quired. That no house or other buildings shall be
moved over or along any paved street in the City
of Salina unless planking not less than 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 such rollers; Provided, that where any
such house or building has a total floor area on
all floors intended for living or business purposes,
of 1250 square feet or less, the person moving the
same may, with the consent and written permission
of the City Engineer, on a showing made to such
engineer that such house or building can be moved
without planking without injury to the paving on
any street, omit such planking on any such street
or such part thereof as may be described in such
permit, Provided, however, that a permit to omit
such planking, or the use of planking where required
and used, shall not relieve the person moving any
such house or other building or the surety on 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. (~1, Ord. 3541, 6-
9-28; Amd. ~1, Ord. 3620, 11-22-28).
5-812. Violation Sec. 5-803 Penalty. Any person
who shall move any house or other building in the
City of Salina contrary to the provisions of this or-
dinance shall be deemed guilty of a misdemeanor
and shall be punished by a fine of not less than
$25.00 and not more than $500.00 for each offense.
(~2, Ord. 3541, 6-9-28).
Ch. 5, Art. 8
.
..
Ch. 5, Art. 9
BUILDING CODES-Regulations, etc.; Miscellaneous
63
--
ARTICLE 9-Miscellaneous Buildini Reiulatiou.
5-901. Downspouts into streets and alleys; elbow.
That no down-spout or drainage pipe which carries
the water from the roof of any building directly on
to any street or alley in the City of Salina, Kansas,
shall be constructed or shall hereafter be permitted
to discharge any such water on to any street or alley
unless such down spout shall be carried to a point
not more than 18 inches from the surface of such
street or alley, and unless such down spout or pipe
shall have at the lower end thereof a joint or elbow
which will discharge such water in a direction paral-
lel with the surface of such street or alley. (~1, Ord.
3035, 10-6-24).
5-902. Water direct from roof to street or alley
prohibited. It shall be unlawful for any person,
either as owner, tenant, agent or persem in charge
of any building in the City of Salina to permit the
water draining from the roof of any such building to
fall directly into any street, avenue or alley, in said
City without providing sufficient guttering and down-
spouts or drain pipes constructed in accordance with
the provisions of Section 1 of this ordinance so as
to carry off and dispose of such water. (~2, Ord.
3035, 10-6-24).
5-903. Violation of Sections 5-801 and 5-802;
penalty. Any person either as owner, tenant, agent
or person in charge of any building in the City of
Salina who shall violate or knowingly permit the
violation of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon convic-
tion thereof shall be punished by a fine of not less
than $5.00 nor more than $50.00 for each offense,
provided that each day's violation of any of the
provisions of this ordinance shall be deemed a sep-
arate and distinct offense. (~3, Ord. 3035, 10-6-24).
5-904. Wires in streets prohibited. That it shall
be unlawful for any person, firm or corporation, ex-
cept street railway, electric light, telephone and
telegraph companies, or other persons who shall
have or may hereafter secure a franchise or license
so to do, to construct, place or maintain any wires
in, over or across any of the public streets or alleys
.
or other pl,1blic thoroughfares 01' public places in
the City of Salina. (~1, Ord. 3070, 3-31-25).
5-905. Wires to constitute a public nuisance. Any
wires so constructed, placed or maintained contrary
to the provisions of Section 1 of this Ordinance shall
be removed by the person, firm or corporation re-
sponsible therefor at the direction of the Electrical
inspector of the City of Salina. If such wires are
not so removed they shall be deemed to constitute
a public nuisance and may be abated as other public
nuisances are abated, at the cost of such person,
firm or corporation, and in addition to such remedy
by abatement, the Electrical Inspector shall have
authority to take down and remove any such wires
at any time at the cost of such person, firm or cor-
poration. (~2, Ord. 3070, 3-31-25).
5-906. Violation; penalty. Any person, including
any member of any partnership or any officer, agent
or representative of any firm or corporation who
shall violate the provisions of this ordinance shall
be deemed guilty of a misdemeanor and shall be
fined not less than $10.00 nor more than $50.00 for
each offense. (~3, Ord. 3070, 3-31-25).
5-907. Special permit for Convention Hall; en-
croach on street. That a permit be and is hereby
granted to the owner or owners of Lots numbered
136 and 138 on Santa Fe Avenue in the City of
Salina, Kansas, the same being within the fire limits
as defined by the ordinances of said city, for the
building and erection of a three-story brick building,
to be known as the Convention Hall Building; Pro-
vided, that the provisions of Ordinance No. 588 of
the City of Salina, as to the thickness of walls and
the non-combustibility of materials to be used shall
govern and control such owner or owners in the con-
struction of such building; and, Provided further,
that the front portal with the entrance doors of said
building may intrude or encroach upon the sidewalk
lying in front of such lots above described to a dis-
tance of eighteen (18) inches, and the two pilasters
to be built from the east wall of such building may
encroach upon said sidewalk to a distance not to
exceed twenty-one (21) inches. (~1, Ord. 1324, 8-
20-1906) .
.
.
.
CITY OFFICERS.-Board of Commissioners; City Manager; Depts.
CIr. 6, Arlr 1
CHAPTER G.-CITY OFFICERS, BOARDS
AND COMMISSIONS.
See: 13-2905; 13-1807; 13-2001-2-3; 12-1006;
G. S. 1935.
Article I.-Board of Commissioners; City Manager;
Departments.-6-101 to 6-115.
2.-Gfficers and Employees; Duties.-6-201
to 6-229.
S.-Salaries of Officers and Employees.-
6-301 to 6-316.
4.-City Planning Commission.-6-401 to
6-408.
5.-Trustees Memorial Hall. -6-501 to 6503.
6.-Library Board.-6-601 to 6-603.
7.-Cemetery Board.-6-701 to 6-707.
(For Board of Public Welfare see 3-101 to
3-211.
Band Trustees, 2-101 to 2-104;
Oakdale Park Executive Committee, 17-310;
Board of Examiners, Plumbers-See 5-472
to 5-479)
ARTICLE I.-Board of Commissioners, Manager and
Departments.
6-101. Governing Board. That there be and here-
by is created and established a Governing Board
which shall consist of the number of commissioners
to be elected as provided by statute, the qualifications
of such commissioners together with their terms of
office, oath and bonds to be such as is prescribed by
law. There shall be no distinction made as to the
title or duties among the commissioners except as
the Board shall organize itself for the transaction
....f business. The Board shall choose its own chair-
man and shall determine its own order of business.
The Chairman of the Board shall have the title of
Mayor during the term of his office and shall be
official head of the city on formal occasions. The
Commissioners shall receive a salary payable as pre-
scribed by law. The Governing Board shall meet
regularly once each week and oftener if business
requires, and special meetings thereof may be held
on written call signed by a majority of the Com-
missioners. All regular and special meetings shall
always be open to the public.
It shall be the duty of the Commissioners as such
Governing Board to pass all ordinances (13-2901 G.
S. 1935, Passage of Ordinances) needful for the pro-
tection, safety and welfare of the City as provided
by law and to provide for and create such depart-
ments and offices as shall be necessary to carry out
the provisions of the form of government defined in
Chapter 86 Session Laws 1917 and amendments
thereto and to determine the salaries to be paid all
City officials and employees within the limitations
of the law.
65
The Board shall appoint a Manager who shall be
responsible for the efficient administration of the
City's business. (91, Ord. 2397, 7-16-21).
6-102. Administration; City Manager. That there
be and hereby is created the office of City Manager
and the administration of the affairs and business
of the City shall be in his hands. He shall be ap-
pointed by the Governing Board, and shall hold his
office at the pleasure of the Board; he shall be chosen
solely upon the basis of administrative ability, and
his choice shall not be limited by any resident quali-
fica tions.
Such Manager shall be responsible for the admin-
istration of all of the affairs of the City. He shall
see that the laws and the ordinances are enforced;
he shall appoint and remove all heads of departments
and all the subordinate officers and employees. All
appointments made by him shall be made upon the
oasis of merit and fitness alone. He shall have the
option to require the appointment of a Civil Service
Commission, as established by the provisions of Ar-
ticle 22, Chapter 18, of the General Statutes of 1915,
with such amendments thereto as may hereafter be
provided by the legislature; he shall be responsible
ior the discipline of all appointive offices, and may,
without notice, cause the affairs of any department,
or the conduct of any officer or employee to be exam-
ined. He shall prepare and submit the annual bud-
get to the Governing Body and also keep the City
fully advised as to the financial conditions and needs
of the City. He may make recommendations to the
Commissioners on all matters concerning the wel-
fare of the City, and shall have a seat, but no vote,
in all public meetings of the Governing Body.
The City Manager shall take an oath for the
iaithful performance of his duties as City Manager,
and shall cause a bond, with proper securities, ap-
proved by the Judge of the District Court of Saline
County, Kansas, in the sum of $5,000.00 conditioned
for the faithful performance of his duties as City
Manager, to be executed and filed with the City
Clerk.
He shall receive a salary fixed and payable as de-
fined by ordinance. (92, Ord. 2397, 7-16-21). (See
12-1010 to 12-1017 G. S. 1935).
6-103. Office of City Manager and Supt. Water-
works Dept. Combined. That the office of City
Manager of the City of Salina, as provided for by
law and as created and provided for by Section 2
of Ordinance No. 2397, being Section 6-102 of Revised
Ordinances 1925; and the office of the Superinten-
66
CITY OFFICERS.-BQal"d uf Cummissioners; City Manager; D€pts.
Ch. 6, Art. 1
dent of Waterworks Department of the City of
Salina, as provided for and created by Section 3 of
Ordinance No. 3191, be and the same are hereby com-
bined, to the extent that such offices shall be here-
after held by one person, who shall be appointed
by the Board of Commissioners of the City of Salina,
Kansas, as City Manager of the City of Salina, Kan-
sas, and that the person so appointed to such office
shall be ex-officio, superintendent of the Water-
works Department of the City of Salina, Kansas.
(~1, Ord. 4012, 1-24-31).
6-104. Same-Duties. That the person appointed
by the Board of Commissioners of the City of Salina,
Kansas, as City Manager and ex-officio Superinten-
dent of the Waterworks Department, as provided
for in Section 1 of this ordinance, shall perform
all of the duties now provided for by law and by
the ordinances of the City of Salina, Kansas, for and
in relation to the office of the City Manager, and
Superintendent of the Waterworks Department of
the City of Salina, and such other and further duties
as may be provided for and required from time to
time by the Board of Commissioners of the City of
Salina. (~2, Ord. 4012, 1-24-31).
6-105. Same-Salary. That the salary of the City
Manager, and ex-officio superintendent of the Water-
works Department, shall be $5,000 per year, to be
paid in equal semi-monthly installments, one-half
charged to the General Fund and one-half to the
Waterworks Department. (~3, Ord. 4012, 1-24-31).
(See ~6-303; ~6-311).
keep a true record of its proceedings, and shall alsu
keep a record of all his official acts, and when neces-
sary shall attest them. He shall also keep and pre-
serve in his office the corporate seal of the City,
together with all records, public papers and docu-
ments of the City not belonging to any other officer.
He shall be authorized to administer oaths. He shall
also perform such other and further duties as are
now provided by law and ordinance, and are not
inconsistent with the provisions hereof. He shall
give a good and sufficient Surety Company Bond
to the City, to be approved by the Board of Com-
missioners, in the sum of $5,000.00, conditioned for
the faithful performance of his duties; that he will
punctually pay over to the City Treasurer all monies
received by him either as Director of Finance or City
Clerk and that he will save the City free from all
loss caused by his neglect or malfeasance in office.
He shall receive a salary fixed and payable as
defined by ordinance.
For the further administration of the affairs of
the Department of Finance, the following officers
are hereby created and employments authorized, to-
wit:
(a) A City Treasurer, whose duty it shall be to
safely keep and account for all the moneys of the
City, coming into his hands. He shall give a good
and sufficient Surety Company Bond in the sum of
$50,000.00, to be approved by the Board of Com-
missioners, said bond to be conditioned for the faith-
ful discharge of his duties, and to the effect that
such Treasurer shall keep safely all public moneys
intrusted to his care and shall save said City free
and harmless from all loss caused by neglect of duty
or malfeasance in office. The accounts of the City
shall be kept by the Treasurer in such way that a
full and comprehensive statement of the City fin-
ances may be made each month.
-
6-106. Same-Bond. The City Manager, and ex-
officio Superintendent of the Waterworks Depart-
ment, shall take an oath for the faithful perform-
ance of the duties of such offices, and shall cause a
bond, with proper sureties, approved by the Board
of Commissioners of the City of Salina, in the sum
of $5,000, conditioned for the faithful performance
of such duties, to be executed and filed with the City
Clerk, after which all future liability on any prior
existing bonds covering such offices shall terminate.
(~4, Ord. 4012, 1-24-31).
6-107. Department of Finance. That there be and
hereby is created a Department of Finance which
shall have general control of the financial affairs
of the City. A Director of Finance will be in charge
of the Department, subject to the supervision of the
City Manager. He shall be appointed and hold his
office at the pleasure of the City Manager. He shall
also be ex-officio, City Clerk of said City and shall He shall perform such other and further acts and
perform all the acts and duties prescribed by Statute duties as may be prescribed by law. He shall re-
and Ordinance, concerning City Clerk. He shall at-I' ceive a salary fixed and payable as defined by or-
tend all meetings of the Board of Commissioners, dinance.
Expenditures shall be legal and moneys paid out
by the City Treasurer only on the basis of the
appropriations in the budget and on the authority
or warrants issued by the Director of Finance,
countersigned by the City Manager. In no case
shall warrants be issued to exceed the balance in
the fund drawn against. All moneys belonging to
the City shall be deposited with responsible and sol-
vent Banking Institutions which will pay the high-
est interest on funds deposited, and said interest
shall accrue to the benefit of the City.
.-
.
.
.
Ch. 6, Art. 1
CITY OFFICERS.-Board of Commissioners; City Manager; Depts.
67
(b) All necessary stenographic and clerical forces
may be emplo~'ed from time to time as may be neces-
sary, the salaries to be fixed and payable as defined
by ordinance. (!i3, Ord. 2397, 7-16-21). (Cross Ref:
See 6-205 et seq.)
6-108. Department of Law. That there be and
hereby is created and established, a Department of
Law, for the administration of the legal affairs of
the City of Salina; and the supervision and control of
the said Department shall be in the hands of a Direc-
tor who shall be known as the City Attorney. He
shall be charged with the general direction and
supervision over the legal affairs of the City, and
shall advise with and attend all meetings of the
Board of Commissioners.
For the further administration of the affairs and
duties relating to the department of law the follow-
ing offices are hereby created and employments au-
thorized, to-wit:
(a) An assistant City Attorney, whose duties
shall be to assist the City Attorney under his direc-
tion in all legal matters appertaining to the City,
and to advise with and attend all meetings of the
Board of Commissioners during the absence of the
City Attorney. He shall receive a salary fixed and
payable as defined by ordinance.
(b) A Police Judge, whose duties shall be to try
all cases brought into Police Court, and who shall
have power to bring before said Police Court all
parties for trial upon complaints duly and properly
made, and who shall possess and exercise all the
power as conferred and defined by law. He shall
furnish a Surety Company Bond approved by the
Board of Commissioners in the sum of $1,000.00 and
shall receive a salary payable as defined and fixed
by ordinance.
Each and all of the officers and employees named
shall be appointed by and hold their respective of-
fices at the pleasure of the City Manager; they shall
perform, in addition to the duties above specified,
such other and further duties as are now or may
hereafter be required of them by law or ordinance.
(!i4, Ord. 2397, 7-16-21). (See 13-2105, G. S. 1935).
6-109. Department of Public Safety. That there
be and hereby is created and established a Depart-
ment of Public Safety, embracing and including the
superintendency and control of the Police and Fire
Departments. The affairs of the said Department
of Public Safety shall be under the immediate super-
vision of a Director, who shall be ex-officio Chief
of Police, subject to the approval and direction of
the City Manager. He shall be appointed by, and
hold his office, at the pleasure of the City Manager.
For the Purpose of the further administration of
the affairs of the said Department of Public Safety,
the following subdivisions are hereby created and
the employments are authorized:
(A) Police Department. The officers and em-
ployees, classification and salaries now effective by
ordinance relating to the Police Department shall
remain in full force and effect, and unchanged.
Provided, however, that the appointment of all mem-
bers of the Police Department shall hereafter be
made by and they shall hold their respective offices
at the pleasure of the City Manager, subject to the
limitations of law.
(B) Fire Department. The officers and employ-
ees, classification and salaries now effective by or-
dinance relating to the Fire Department shall re-
main in full force and effect, and unchanged. Pro-
vided, however, that the appointment of all mem-
bers of the Fire Department shall hereafter be made
by and they shall hold their respective offices at the
pleasure of the City Manager, subject to the limita-
tions of law. (!i5, Ord. 2397, 7-16-21).
6-110. Department of Public Service. That there
be and hereby is established and created a Depart-
ment of Public Service, which shall embrace the
superintendence and control of Public Improvements,
streets, alleys and sewers. The affairs of said De-
partment of Public Service shall be in charge of a
Director of Public Service, who shall be ex-officio
City Engineer.!
He shall be a civil engineer and shall prepare plans
and specifications and estimates for and superintend
the construction of all public improvements, do all
surveying and engineering ordered by the Board
of Commissioners and perform all other duties per-
taining to his office. He shall give good and suffi-
cient Surety Company Bond to such City, in the sum
of $5,000.00, conditioned for the faithful discharge
of the duties of his office and to save the City harm-
less from all loss caused by neglect of duty or mal-
feasance in office. He shall receive a salary fixed
and payable as defined by ordinance.
For the purpose of the further administration of
the affairs of the said Department of Public Ser-
vice, the following offices are hereby created and
employments authorized, to-wit:
(a) A Superintendent of Streets,2 Alleys and Sew-
ers, who, in addition to the duties now prescribed
by law and ordinance, shall have under his special
charge and control the cleaning of gutters, storm
water sewers and paved streets. He shall receive a
salary fixed and payable as defined by ordinance.
68
CITY OFFICERS.-Boanl of Commissioners; City Manager; Depts. Ch. 6, Art. 1
(b) All other employees, such as Inspectors, Rod. I and as business. may demand. Provided, when other
men, Instrument Men, Teamsters, Street Empoyees depaltlllenb and offices are created and established
and Laborers, that may be needed for the prosecu- the o~r;cer~ in charge shall be appointed by and serve
tion of work in connection with the Department of at the pleasure of the City Manager and that the
Public Service shall be employed, and the employ- duties to be performed and compensation be defined
ment is hereby authorized by the City Manager and fixed by ordinance. (~8, Ord. 2397, 7-16-21).
whenever it is deemed necessary and expedient.
The salaries and wages paid to such persons em-
ployed to be fixed and payable as deemed by ordin-
ance.
Each of said officers of the Department of Public
Service shall be appointed by and hold office at the
pleasure of the City Manager. (96, Ord. 2397, 7-16-
21). (1. See 13-2109, G. S. 1935). (2. See 13-2110,
G. S. 1935).
6-111. Other Officers. For the further adminis-
tration of the affairs and business of the City of
Salina, the following offices are hereby created and
employments authorized, to-wit:
(a) A Superintendent of Parks, who shall be in
charge of all the parks, parkways and boulevards
belonging to 01' under the control of the City and
shall improve, maintain and regulate the same in
accordance with the instructions given him by the
Board of Commissioners or the City Manager.
(b) A Sanitary and Health Officer, whose duty
it shall be to make all investigations of conditions
pertaining to health and sanitation and to see that
the rules and regulations of the Kansas State Board
of Health are fully complied with.
Each of the above officers shall be appointed by
and hold their office at the pleasure of the City
Manager. Theil' salaries shall be fixed and payable
as defined by ordinance. (~7, Ord. 2397, 7-16-21).
6-113. Deputy Director of Finance-City Clerk.
That there be and there is hereby created the office
of Deputy Director of Finance and ex-officio City
Clerk to act as such in the absence or disability of
thl" regularly appointed and acting Director of Fi-
nance and City Clerk of the City of Salina, who shall
when appointed perform all the duties and be in-
vested with all the authority of the Director of Fi-
nance and City Clerk of the City of Salina in the
absence or disability of the regularly appointed and
acting Director of Finance and ex-officio City Clerk.
(91, Ord. 4914, 11-1-38).
6-114. Additional Deputy City Clerk. That in ad-
dition to the offices now created and existing there
is hereby created the additional office of Deputy City
Clerk who shall be ex-officio Deputy Director of Fi-
nance and who shall perform such duties in the office
of the City Clerk as may be directed by the City
Clerk or by the City Manager, and also such duties
as are or may be required by law or by ordinance
to be performed by the City Clerk and Director of
Finance and in the absence of the City Clerk and
Director of Finance such Deputy City Clerk and ex-
officio Deputy Director of Finance shall have all the
authority and perform all the duties provided for
by law or by ordinance and in connection with such
office he shall give a surety bond in the sum of
$5000 conditioned as provided by law for the faith-
6-112. Additional Departments. That the Board iul performance of his duties to the same extent
of Commissioners may create and establish addi- and in the same manner as required of the City
tional departments and offices as may be necessary Clerk and Director of Finance. (91, Ord. 4966, 1-
for the purpose of a more efficient administration 126-40).
-
.
.
.
Ch. 6, Art. 2
CITY OFFICERS.-Duties.
71
ARTICLE 2.-Duties of City Officers.
6-201. References to Mayor and Council, or to any
Committee-deemed to refer to Board of Commis-
sioners. That wherever in any ordinance heretofore
adopted by the Mayor and Councilmen of the City
of Salina, any reference is made to the Mayor and
Councilmen or the Councilmen or to the Council of
the City of Salina, or to any committee thereof, such
reference shall be deemed to be and to refer to the
Board of Commissioners of the City of Salina, Kan-
sas, except as may be otherwise specifically provided
by ordinance. (!i1, Ord. 3030, 9-15-24).
6-202. Duties of City Clerk. In addition to any
and all other duties, which may now or hereafter
be prescribed by ordinance, it shall be the duty of
the City Clerk to keep his office, in the City Hall
open for business continuously from 8 :30 o'clock A.
M. to 5:00 o'clock P. M. He shall register all voters
in the city as provided by law, and shall collect and
pay all fees pertaining to his office, or which are
required to be paid to him as City Clerk, as provided
in any of the ordinances of the City of Salina, into
the City Treasury, taking the Treasurer's receipt
therefor. Whenever any ordinance or section thereof
shall have been heretofore or shall be hereafter re-
pealed it shall be the duty of the City Clerk to write
or stamp on the face of the record of said ordinance
of section thereof, in the original ordinance books
of the City of Salina, and upon the face of the ori-
ginal ordinance or section thereof on file in his of-
fice, 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 in-
dex of all ordinances passed by the Board of Com-
missioners and shall note thereon the repeal of any
such ordinance or section thereof. Whenever any
paper of any kind entitled or required to be filed
with the City Clerk, is presented to him for filing,
the Clerk shall, at the time of the reception thereof
write or stamp thereon the word "Filed" together
with the date of reception and the name of the Clerk.
The City Clerk shall perform such other and further
duties as may be required by law or which may be
directed at any time by the Board of Commissioners.
All acts required to be performed by the Clerk
hereunder or by any other ordinance shall be per-
formed by such Clerk or by his deputy or assistant
under his direction. (!i1, Ord. 3059, 12-29-24).
6-203. Additional duties of Clerk. It shall be the
duty of said Clerk to attend all meetings of the said
council and record their proceedings, to keep the
proper account books belonging to his office, and to
keep a special and distinct account of moneys 01'
other property received by said Treasurer, to number
all orders issued on the treasury for the payment
of money and to 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,
and keep and preserve all papers, books, records
and documents belonging to said city and keep an
ordinance book to be furnished by said city, in which
he shall enter at length, in a plain and distinct hand-
writing, every ordinance hereafter enacted for said
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 passage, and also the name of the
newspaper in which said ordinance was published,
and the date of such publication, and affix the seal
of said city thereto, and in connection with the Mayor
to attest the same; to certify to the County Clerk of
Saline County, Kansas, all taxes and assessments
levied by said city under the authority of the laws
governing said city; to make and prepare for pub-
lication, quarterly reports for the quarters ending
the 15th day of March, June, September and Decem-
ber, respectively, containing a full and detailed state-
ment of the receipts, expenditures and indebtedness
of the said city for the quarter ending on the 15th
of said months in each year, and present the same to
the council of said city in time for publication of the
same between the 15th and 20th days of said months;
and in connection with the Mayor to sign all licenses
issued by said city, and affix the corporate seal of
said city thereto; and to perform all such other
duties as may be required of him by said council.
(!i2, Ord. 280, 6-24-79). (See 13-2106, G. S. 1935).
6-204. Clerk to pay over money. It shall be the
duty of said Clerk to pay over all moneys that may
come into his hands as such Clerk as required by
law or ordinance, and shall deliver to his successor
in office all the books, records, papers and other
things belonging to his office. (!i3, Ord. 280, 6-
24-79).
6-205. City Treasurer; Bond. The City Treasurer
shall give a good and sufficient Surety Company
bond to the City, in a sum of not less than $50,000.00,
the cost of which shall be borne by the City, and
which before its acceptance shall be approved as to
form, amount and surety by the Board of Commis-
sioners of the City of Salina. The surety on such
bond shall be an incorporated surety company, au-
thorized to do business in the State of Kansas and
such bond shall be conditioned for the faithful dis-
7Z
CITY OFFICERS.-Dutles.
Ch. 6, Art. 2
I
charge of the duties of such treasurer,and that he: 6-208., Depositor.y Bond; Requirements. Before
shall keep all public moneys or securities intrusted the City Treasurer shall deposit any money in any
to his care, and save such city free and harmless such banking institution, such bank shall execute and
from all loss caused by neglect of duty or malfeas- delIver to the City, a good 'and sufficient surety com-
ance in office. The Board of Commissioners shall pany bond, to be 'appro~ed as to 'form, amount and
require the Treasurer to give new bond whenever in ~,ure~yby the Board of Commissioners, and the sure-
their opinion, the existing bond is insufficient either ty on which shall be an incorporated surety com-
as to amount or surety or otherwise; and whenever pany authorized to do business in the State of Kan-
such new bond is required he shall perform no official sa6 conditioned that such bank will safely keep and
act until such bond shall be given and approved in account for and pay over said money promptly upon
the manner aforesaid. ({i1, Ord. 3359, 4-16-27). demand or upon the presentation of any certificate
(See 13-2107, G. S. 1935). of deposit representing funds deposited as herein
authorized, and no such bond shall be approved which
does not expressly cover certificates of deposit as
well as deposits subject to check; provided that in
lieu of such surety bond, any such bank may deposit
with the City Treasurer, as security for the deposit
of money belonging to the city, bonds of the United
States, or of the State of Kansas, or of some County,
school district, or municipality of the State of Kan-
sas, or other securities authorized by law, which se-
curities of any kind so deposited shall be first ap-
proved by the Board of Commissioners of said city.
'When any bonds or other securities are so deposited
by any bank with the City Treasurer as security for
the deposit of funds of the City in such bank, the
City Treasurer shall be responsible under his official
bond for the safe keeping of such bonds or other se-
curities, and such bonds or other securities shall be
by him deposited in a burglar proof vault of a re-
sponsible safe deposit company or bank equipped
with adequate modern facilities for the safe keep-
ing of securities, located within the State of Kansas,
under contract with such safe deposit company or
bank that such bonds may be withdrawn or coupons
detached only by the joint consent of the owner
thereof and the city Treasurer, except in case the
owner thereof has defaulted in its obligation to pay
part of the deposit secured by such bonds, but no
such bonds or other securities belonging to a deposi-
tory bank shall be deposited for safe keeping in any
safe deposit vault owned or controlled by such depos-
itory. ({i4, Ord 3359, 4-16-27).
6-206. Treasurer; Duties. It shall be the duty of
the City Treasurer to receive and keep all money
belonging to the City and which shall have been re-
ceived by him from any source whatsoever, and to
payout the same only upon warrants duly authorized
by an appropriation ordinance adopted by the Board
of Commissioners, and issued by the Director of
Finance and countersigned by the City Manager.
For all moneys received by him the City Treasurer
shall give duplicate receipts, one to the party pay-
ing such money into the treasury and one to the
City Clerk. Said Treasurer shall render a full and
correct itemized statement of all receipts and pay-
ments to the Board of Commissioners at their first
regular meeting in each month and at such other
times as may be required by said Board. ({i2, Ord.
3359, 4-16-27).
6-207. Same; Designation of Depositories. The
City Treasurer shall make deposits daily of all such
sums of money as shall be received by him from all
sources whatsoever, to his credit as treasurer of such
City, in accounts subject to check in one or more
responsible banking institutions, to be selected by the
Board of Commissioners, which will pay the high-
est rate of interest on the funds so deposited, which
interest shall accrue to the benefit of the City, and
any such banking institution before such deposit is
made therein shall be required to enter into a con-
tract with said Board to pay such City not less than
two percent interest per annum, which shall be pay-
able at the end of each month and shall be based on
the average daily balances for the month, and the
City Treasurer shall report the amount of interest
collected in his monthly statement following such
collection; provided that whenever there are funds
in the hands of the City Treasurer which are not
needed for current expenses, he may when authorized
by the Board of Commissioners deposit the same in
any such banking institutions on time certificates of
deposit at the highest rate of interest obtainable on
deposits of such character. ({i3. Ord. 3359,4-16-27).
6-209. Depositories; Duties of Treasurer on de-
fault of. The City Treasurer shall not deposit any
money of the City of Salina in any bank in excess of
the amount of the surety bond of such bank then in
effect, or in excess of the amount of bonds or other
securities deposited with him by such bank as col-
lateral security for such deposit, or if the money de-
posited be secured by both a surety bond and collat-
eral, then in excess of the aggregate amount of the
bond and collateral. If any bank having money of
.
Ch. 6, Art. 2
CITY OFFICERS.-Duties.
73
.
the City on deposit shall fail to pay such money upon
proper demand being made therefor, the City Treas-
urer shall after collecting from the surety on the
bond securing such deposit the amount for which
it is liable under such bond, proceed to sell any bonds
or securities of such bank deposited with him as
collateral security, or such part thereof as may be
necessary, at public sale upon ten days notice there-
of given in the official City paper, and apply the
proceeds of such sale to the payment of the amount
due to him by reason of such deposit, and in such
case the City Treasurer shall have authority to
withdraw such bonds from the safe deposit vault
where they are deposited without the consent of
the owner, upon furnishing proof to the person hold-
ing such bonds for safe keeping that the owner has
defaulted in the payment of a deposit due to the
City of Salina, and if any such bank shall secure
such deposits by the pledge of such bonds or other
securities, and also by a surety company bond, the
surety on such bond shall first be held liable to the
extent of such bond for any money due the City from
such bank, and any collateral deposited in addition
thereto shall be considered as supplemental to such
surety bond and sold after the liability of the surety
has been exhausted. (~5, Ord. 3359, 4-16-27).
6-210. Ordinance; Part of contract with depository.
When this ordinance shall have taken effect, it shall
become a part of the contract with any bank deposit-
ing collateral security to secure the deposits of the
City, and of any surety bond given to secure such
deposits, and of the City Treasurer's bond, whether
expressly mentioned therein or not. (~6, Ord. 3359,
4-16-27) .
6-211. Depositories Designated; Other Depositor-
ies. That the following named banking institutions
located in the City of Salina, Kansas, to-wit: The
Planters State Bank, The Reserve State Bank, The
Farmers National Bank and the National Bank of
America are hereby designated as depositories of
the funds of the City of Salina, but no funds shall
be deposited by the City Treasurer in any such bank
until it shall have given a surety company bond or
deposited collateral security as herein provided for,
or both, in amounts sufficient to cover any deposit
of any character made in such bank; provided that
if the banks above named shall not have deposited
or given such security as herein required, in an ag-
gregate amount sufficient to cover all of the money
of the City in the hands of the City Treasurer, he
may deposit any such ex~ess in any banking institu-
tion in the State of Kansas outside of the City of
Salina, which may be designated by the Board of
.
Commissioners and which will furnish a surety bond
01' deposit collateral security as in this ordinance
authorized, in an amount sufficient to cover any
such deposit; and provide further that whenever
bonds of the City of Salina are sold by the Board
of Commissioners to any banking or financial in-
stitution either within or without the State of Kan-
sas, it may contract with the purchaser of such
bonds that the proceeds thereof may remain on de-
posit with such banking institution subject to check
or draft of the City, upon its depositing with the
City Treasurer collateral security of the same kind
and in the same manner as authorized in this or-
dinance for other deposits, in an amount sufficient
to secure the amount left in its hands, and such col-
lateral security shall be kept by the City Treasurer
as in this ordinance provided. (~7, Ord. 3359, 4-
16-27).
6-212. Depositories; Reduction; Substitution of
Securities. When any bank shall have deposited
collateral security to secure a deposit of any city
money it may on or after the first of any month
whenever the balance of the city's deposit with it is
reduced, reduce the amount of the security deposited
by it as collateral, and secure back from the City
Treasurer, the amount of such bonds or securities
deposited by it in excess of the amount of money re-
maining on deposit at the end of the previous month,
and the City Treasurer is authorized to deliver to any
such bank, bonds held by him as security in excess
of the amount of such balance on deposit in such
bank; but no additional deposits of money shall be
made in such bank in excess of the amount of se-
curity held by the City Treasurer; and provided
further, that any bank having deposited such collat-
eral security may at any time substitute for the
3ame other securities, to be approved by the Board
of Commissioners, of an equal or greater value, and
may make successive substitutions thereof under the
same conditions, all of such substituted collateral to
be held withdrawn or disposed of under the same
conditions as herein provided for in the case of se-
curities originally deposited. (~8, Ord. 3359, 4-16-
27).
6-213. Treasurer; Depositories; Receipts. When
any collateral security is deposited with him, the
City Treasurer shall execute triplicate receipts, de-
scribing fully such security, and deliver one cop~'
to the bank from whom the security is received, and
file one with the City Clerk, and retain the other.
When any such security is returned to any bank,
either withdrawn or substituted, he shall take dupli-
cate receipts therefor, retaining one himself and
74
CITY OFFICERS.-Duties.
Ch. 6, Art. 2
filing one in the office of the City Clerk, and he shall I 6-nS. Attorney give advice to Mayor, etc.; draw
keep a record of all such collateral by him received j contracts. It shall be the duty of the City Attorney
from or returned to any bank. (99, Ord. 3359, 4- I to give legal advice to the Mayor and Councilor the
16-27). ~hairman of any committee of the councilor other
6-214. Additional duties of Treasurer. If said city offi~er, and whenever so requested, shall reduce
Treasurer shall receive in payment of city taxes or his opinion to writing, and it shall be his further
assessments or for licenses or other dues, any legally duty to dl'aw any contract or other writing necessary
issued warrants or orders or any matured coupons, w the prosecution of the business of the city. (93,
bonds or scrip of said city, or shall redeem any such Ord. 1859, 6-21-15).
warrants, orders, coupons, bonds or scrip out of 6-219. Failure and neglect; forfeiture of pay.
money in the treasury appropriated by ordinance Ii in any case the City Attorney shall refuse or
for that purpose, it shall be the duty of said Treas- neglect to perform any of the duties aforesaid, he
urer upon redeeming said warrants, orders, coupons, "hall foli:eit double the amount required to pay for
bonds or scrip or upon receiving the same in pay- the work so refused or neglected, which sum shall
ment for such taxes, assessments, licenses or other be deducted from his salary. (94, Ord. 1859, 6-21-
dues, to cause the person presenting such warrants 15).
orders, coupon, bond or scrip to endorse the same
with the date of its payment, and said Treasurer
shall write on the face of the warrant, order, coupon,
bond or scrip, "Redeemed," and shall enter in his
books the number of said warrant, order, coupon,
bond or scrip, its date, amount, the name of the
person to whom issued, the name of the person from
whom received or to whom paid, the date of receipt
or payment and the amount of interest, if any, paid
thereon and the kind of instrument. (97, Ord. 280,
6-24-79) .
6-215. Treasurer: deliver warrants, bonds, etc., to
Clerk. Said treasurer shall on the first Monday
of each month deposit in the office of the Clerk of
said city all warrants, orders, coupons, bonds and
scrip, by him redeemed or received in payment as
such Treasurer and take his receipt therefor. (98,
Ord. 280, 6-24-79).
6-216. Treasurer deliver books, etc., to successor.
Said treasurer shall deliver over to his successor in
office or to any other person authorized by law or
ordinance to receive the same, all moneys, books,
papers and other things appertaining thereto or be-
longing to his said office. (SI0, Ord. 280, 6-24-79).
6-217. Duties of City Attorney; attend courts;
draw ordinances. That it shall be the duty of the
City Attorney to attend all cases in the Police Court,
when he is notified by the Police Judge or the officer
making the arrest, so to do; to attend all cases in
the District Court or in any of the higher courts
wherein the city is interested or is a party; to attend
all regular meetings of the City Council and all
special and adjourned meetings, when so requested
by the Mayor or acting Mayor; to draw ordinances
when so requested by the Mayor and Councilor the
chairman of any committee of the council. (92, Ord.
1859, 6-21-15).
6-220. City Physician appointment. (The appoint-
ment of a City Physician is authorized by Sec. 15,
Ord. 2216, see Sec. 20-315).
6-221. City Engineer; Sanitary and Health Offi-
eel'; offices combined. That the Director of Public
Service who is ex-officio City Engineer shall also be
ex-officio Sanitary and Health Officer of the City of
Salina, Kansas, and that the duties of both of said
offices shall be performed by the Director of Public
Service. (931, Ord. 2423, 1-21-22).
6-222. Street Commissioner; Superintendent of
Streets; duties. The Street Commissioner shall have
charge of and direct the work of all laborers and
teams engaged in working on the streets and alleys
of the city, and all such employees shall be under
the immediate direction of said Street Commissioner,
with the right in him, subject to the provisions of
this ordinance, to employ and discharge all laborers
and employees in his department. It shall be his
general duty to keep the streets, alleys, sidewalks,
bridges, viaducts and culverts clean and in good re-
pair for public use and travel. He shall also keep a
c,lmplete and accurate account of all laborers and
teams employed in his department, and an itemized
statement of the cost thereof, each month, and shall
each month present to the Mayor and Council a com-
plete and accurate report showing the number of
labOlers and teams employed, the number of days
worked by each and the wages paid each per day,
and showing also the work done by his department
for the preceding month as well as receipts and tran-
sactions of his office; and shall, as often as the first
Monday of March, June, September and December,
of each year, render to the council a true, complete
and itemized statement of the property in his pos-
session belonging to the city. (91, Ord. 1717, 6-
16-13).
--
.
Ch. 6, Art. 2
CITY OFFICERS.-Duties.
75
6-223. City Mechanic; duties. That there be and
there is hereby created the office of City Mechanic,
whose duty it shall be to keep in first class mechani-
cal order and repair all motor equipment belonging
to and used by the City of Salina, including the equip-
ment of the Fire Department, Street Department,
Park Department and Police Department and such
other equipment as may be placed in his charge for
repair by the direction of the City Manager, and said
City Mechanic shall perform such other and further
duties at any time as may be directed by the City
Manager.
The City Manager shall appoint such City Me-
chanic, who shall hold his office at the pleasure of
the City Manager and shall be paid such salary as
may now or hereafter be provided by ordinance.
(~1, Ord. 3061, 1-5-1925).
.
6-224. Office of Mechanic in Fire Department
abolished. From and after the taking effect of this
ordinance the office of Mechanic in the Fire Depart-
ment shall be abolished. (~2, Ord. 3061, 1-5-1925).
6-225. Night Fireman at City Hall; duties. That
there be and hereby is created and established the
position of night fireman at the City Building whose
duty it shall be to tend the boiler and furnace, to
keep and maintain regular temperature at all times
in the said City Building and the greenhouse ad-
jacent thereto, and perform such other duties as may
be assigned to him from time to time. (~1, Ord.
2412, 11-16-21).
6-226. Caretaker City Dump; duties. That the
Mayor, with the consent of the City Council, may
appoint a suitable person to act as caretaker of the
city dump grounds, whose duties shall be to take
the proper care of said grounds, as may be directed
.
by the Public Health Committee of the City of Salina,
provided, however, such caretaker shall not be ap-
pointed for any specified term. (~1, Ord. 2363, 12-
9-1920).
6-227. Supt. Municipal Swimming Pool; Duties.
That there be and there is hereby created in the City
of Salina the office of Superintendent of the Muni-
cipal Swimming Pool. Such officer shall be ap-
pointed by the City Manager as other officers are
appointed and shall hold office at the pleasure of the
City Manager. Such officer shall have the sole
charge and management of the municipal swimming
pool located in Oakdale Park and of the other em-
ployees who may from time to time be employed in
connection with the operation of said swimming
pool. Such officer shall enforce and carry out such
rules and regulations for the conduct and manage-
ment of such swimming pool as may be adopted by
the Board of Commissioners of the City of Salina.
(~1, Ord. 3110, 5-30-25).
6-228. Same; Salary. The Superintendent of the
municipal swimming pool shall receive as full com-
pensation for his services the sum of $125.00 per
month, payable semi-monthly as the salaries of other
city employees are paid for such time as he may be
actually employed. (~2, Ord. 3110, 5-30-25).
6-229. Same; Assistant; Wages. The City Man-
ager be and he is hereby authorized to employ an
assistant to the Superintendent of the Swimming
Pool, and such other employees as may be necessary
for the operation of such swimming pool, at such
wages as may be necessary, such wages however, not
to exceed the sum of $100.00 per month for anyone
such employee. (~3, Ord. 3110, 5-30-25). Note: (See
~ 17-319 to 17-324, Swimming Pool, Oakdale Park).
.
.
.
Ch. 6, Art. 3
CITY OFFICERS.-Salaries.
ARTICLE 3.-Salaries of City Officers.
6.301. Wages and salaries paid semi.monthly.
That the wages and salaries of all officers and em-
ployees of the City of Salina, Kansas shall be paid
semi-monthly. (~1, Ord. 2127, 12-29-17).
6-302. Salaries of certain officers and employees.
That from and after January 1st, 1938, the salaries
and wages to be paid to the officers and employees
of the City of Salina mentioned in this ordinance
shall be the amounts set forth in the following sec-
tions of this ordinance. (Ord. 2906, 12-17-23; Amd.
Ord. 3200, 12-28-25; Amd. Ord. 4825, 1-10-38).
6-303. Administration and Finance Department.
The salaries and wages of the following officers and
employees of the CIty of Salina shall be as follows:
City Manager, (not including salary as Super-
intendent of Waterworks
Department) ................................$175.00 per month
City Clerk m..m................................ (See ~6-317)
Assistant City Clerk and
Bookkeeper .....m............................ 120.00 per month
City Manager's Secretary.............. 72.00 per month
Building Inspector, (furnishing own automobile
and expense of operation and upkeep
thereof ............................................ 170.00 per month
City Attorney.................................... (See ~6-316)
Memorial Hall Custodian m............. 105.00 per month
Custodian of City Hall .................. 95.00 per month
Dump Ground Caretaker ................ 40.00 per month
Police Matron and Caretaker of
Rest Room ...................................... 10.00 per month
City Treasurer ..........................m..... 37.50 per month
(~2, Ord. 4825, 1-10-38).
6-304. Police Department. The salaries of Police
Officers of the City of Salina shall be as follows:
Chief of Police ................................ (See ~6-317)
One Police Captain ........................ 135.00 per month
One Police Sergeant ........................ 130.00 per month
Two Police Sergeants, each .......... 120.00 per month
Patrolmen, Traffic Officers, and other
police officers maximum ............ 120.00 per month
Police Judge ...................................... 50.00 per month
Salaries of any special policeman shall be fixed
by the City Manager not to exceed the salary of
regular patrolmen. Salaries of patrolmen when hired
shall be fixed and raised to maximum as now pro-
vided for by ordinance. (~3, Ord. 4825, 1-10-38; see
Sec. 19-111).
6-305. Street Department. The salaries and wages
of officers and employees of the Street Depart-
ment of the City of Salina shall be as follows:
Superintendent, (furnishing own automobile
and expense of upkeep and
operation ........................................$200.00 per month
Mechanic .......m.................................. 125.00 per month
(~4, Ord. 4825, 1-10-38).
6-306. Engineering Department. The salaries of
officers of the engmeering department shall be as
tollows:
lJity .h:ngineel' (not including salary as
J:<.:ngineer for the Water
Department) .................................. (See S6-317)
The above mentioned shall furnish an automobile,
and the expense of operation and upkeep thereof,
LOr use in the performance of his duties. Not to
~xceed two assistant lJity .h:ngineers when necessary,
at such salary as may be fixed by the City Manager,
llot to exceed $150.00 per month. (S5, Ord. 411.:5,
1-10-38).
0-307. Park Department. The salaries 01 officers
and employees of the Park Department shall be as
wllows:
.::>uperintendent, (furnishing own car and
expense of operation and upkeep
thereof ............................................$150.00 per month
(~6, Ord. 4825, 1-10-38).
6-308. Fire Department. That from and after
January 1st, 1939 the salaries and wages of officers
and members of the Fire Department of the City
of Salina shall be as follows:
Fire Chief ..........................................$200.00 per month
Two Assistant Fire Chiefs, each.... 130.00 per month
Fire Inspector .................................... 130.00 per month
f<'our Lieutenants, each .................... 125.00 pel' month
Operator ............................................ 122.50 per month
Regular Firemen, maximum, each 122.50 per month
Salaries of any special firemen shall be fixed by
the City Manager not to exceed the salary of regu-
lar firemen. Salaries of firemen for the first six
months of their employment shall be $90.00 per
month; for the second six months of their employ-
ment $100 per month; thereafter for each additional
six months of continuous employment such salary
shall be increased $5.00 per month for each such
additional six months of employment until such sal-
ary shall reach the maximum then provided for by
ordinance; provided however, that nothing herein
contained shall have the effect of reducing the pres-
ent salary of any fireman and provided further, that
the salaries of all firemen now regular members of
the Fire Department shall be computed according
to the schedule herein provided for based upon the
length of service in the Fire Department. (~1, Ord.
4927, 1-16-39).
77
78
CITY OFFICERS.-Salaries.
Ch. 6, Art. 3
6-309. Same; Employment Requirements. No per- ! duceu from the amount hereby fixed or theretofore
:,;on shall hereafter be employed as or become a mem- in eired, the amount so ag'l'eed upon, when allowed
bel' of the Fire Department of the City of Salina 'j anu paid by the Board of Commissioners and accept-
who is over the age of twenty-five years or unless cd by the officer or employee shall be in full pay-
such person is in fit and proper physical condition and ment for his services. (~11, Ord. 4825, 1-10-38).
shall have taken a physical examination by a physi-
cian selected for such purpose by the City Manager
and the results of which shall be approved by the
City Manager and the Chief of the Fire Department.
(~2, Ord. 4927, 1-16-39).
6-314. Other provisions not affected. Nothing in
this ordinance shall be deemed to affect or change the
terms or provisions of any ordinance now in effect,
except to such extent as the salaries and wages of
officers and employees of the city are changed by
6-310. Sewage Disposal Department. The super-I this "ordinance. (912, Ord. 4825, 1-10-38).
intendent and custodian of the Sewage Disposal and >. _, ,. .
Sewage Pumping Plants, (furnishing his own auto- 6.31". Sal~ry of City MechanIC. Fr?m and aft~r
mobile and the expense of operation and upkeep January :' 1~25, the salary of ~he CIty Me~halllc
thereof) shall receive a salary of $200.00 per month. shall be $~,470.00 p.er annum, whIch shall be 111 full
(>':8 Ord. 4825 1-10-38). compensatiOn for hIS services. (93, Ord. 3061, 1-5-
:; , , 1925).
6-311. Water Works Department. The salaries Note: Salaries of: Supt. Swimming Pool, 6-228:
and wages of officers and employees of the Water salary of Judge City Court, 34-108; salary of Mar-
Works Department shall be as follows: shal City Court, 34-108; salary of Clerk City Court,
34-108.
Superintendent ....___..___...........___......$208.33 per month
Cashier ..___........___.______..___...______........... 120.00 pel' month
Bookkeeper ...___................------..---...---. (See 96-317)
Chief Plant Engineer .___........___'___' 120.00 per month
Three Assistant Plant Engineers,
each .........___.....___............................ 120.00 per month
One Repair Man, One Service Man, One Meter
Reader, each ..___...___.................---.$120.00 pel' month
Superintendent's Secretary ..________.. 45.00 per month
Consulting Engineer. 60.00 per month
Water Works Chemist ___...._______..___. 15.00 per month
(99, Ord. 4825, 1-10-38).
6-312. Milk Inspection Department. The salary
of the Milk Inspector (furnishing own automobile
and expense of upkeep and operation and not in-
cluding salary as chemist for the Water Depart-
ment) shall be $160.00 per month. (910, Ord. 4825,
1-10-38) .
6-313. Other Officers. The salaries of such city
officers as are not specifically mentioned in this or-
dinance shall remain as now fixed by ordinance, 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 Com-
missioners; provided, that if by agreement the sal-
ary or wages paid to any officer or employee is re-
6-316. Salary of City Attorney. The salary of
the City Attorney of the City of Salina shall be
$1,800.00 per year which shall be in full compensa-
tion for his services, provided however that for all
business or cases outside of Saline County, Kansas,
cDnducted by him, and for all cases in any court of
record in Saline County except appeals from judg-
ment of the Police Court, he shall be allowed such
i'easonable compensation in addition to his salary
as may be allowed by the Board of Commissioners.
(99, Ord. 3323, 1-8-27; see also 96-303; 96-314).
6-317. Salaries Certain Officers; Deputy City
CIerI,. That from and after January 1st, 1940, the
monthly salaries of certain officers of the City of
Salina as hereinafter set forth shall be in the
amount hereinafter set out in lieu of the monthly
salaries fixed by Ordinance No. 4895 to-wit:
City Clerk and Director of Finance ................$100.00
Deputy City Clerk (not now provided for)....$100.00
Chief of Police .........................---..---.......---..........---$200.00
City Engineer (not including salary as Engi-
neer for Water Department) ___....__....___.....___$225.00
Bookkeeper for Water Department ..___........___$110.00
Nothing in this ordinance shall in any manner
change or affect any of the provisions of Ordinance
No. 4825 except to the extent of the monthly sal-
aries of the several officers above mentioned. (91,
Ord. 4962, 12-30-39).
--
.
Ch. 6, Art. 4
CITY OFFICERS.-Planning Commission.
79
ARTICLE 4.-City Planning Commission.
See 12-701 G. S. 1935)
.
6-401. City Planning Commission created. That
there be and there is hereby created a Commission
to be known as the City Planning Commission of the
City of Salina. (~1, Ord. 3083, 3-2-25).
6-402. Members of Commission; appointment. The
City Planning Commission shall consist of 7 mem-
bers, all of whom shall be tax payers and residents
of the City of Salina and shall be appointed by the
Mayor and with the consent of the Board of Com-
missioners. That said members shall serve for terms
of three years from the first day of May of the year
in which they are appointed, and that not more than
two of such members shall be appointed in anyone
year, provided, however, that vacancies caused by
the death, resignation or other disability of any
member shall be filed for the unexpired term only.
That the members of such commission shall serve
without compensation and shall perform the duties
and have the powers hereinafter provided for; and
provided further, that the members of the City
Planning Commission now holding office as such
shall continue to hold such offices as members of the
Commission hereby created until the expiration of
the terms for which they were heretofore appointed.
(S2, Ord. 3083,3-2-25).
6-403. Organization of Commission. The mem-
bers of the City Planning Commission shall meet at
least once a month at such time and place as they
may fix by resolution. They shall select one of their
number as Chairman and one as Vice-Chairman, who
shall serve one year, or until their successors have
been selected. Special meetings may be called at any
time by the Chairman or in his absence by the Vice-
Chairman. A majority of the Commission shall con-
stitute a quorum for the transaction of business.
The Commission shall cause a proper record to be
kept of its proceedings. (S3, Ord. 3083, 3-2-25).
6-404. Duties of Commission. The powers and
duties of the Commission shall be to make plans
and maps of the whole or any portion of the City
of Salina and of any land outside of the City, which
in the opinion of the Commission, bears relation to
the planning of the City of Salina and to make
changes in such plans or maps when it deems the
same advisable. Such maps or plans shall show
the Commission's recommendations for new streets,
alleys, ways, viaducts, bridges, sub-ways, park-ways,
parks, playgrounds or any other public ground or
public improvement and the removal, relocation, wid-
ening or extension of such public works then exist-
.
ing with a view to the aystematic planning of the
municipality, and the Commission shall make recom-
mendations to the Board of Commissioners of the
City of Salina concerning the location of streets,
transportation and communication facilities, public
buildings and grounds and other civic improvements
and matters affecting the appearance of the City;
and shall make such recommendations as they deem
proper relative to any matters concerning the loca-
tion of buildings or other matters which may be
referred to them by the Board of Commissioners.
Whenever the Commission shall have made and
agreed upon a plan for the development of the muni-
cipality or any portion thereof, such plan or plans
shall be submitted to the Board of Commissioners
for their consideration and action. (S4, Ord. 3083,
3-2-25) .
6-405. Plats and additions submitted to ~ommis-
sion. All maps, plats or re-plats of land laid out
in building lots, and the streets, alleys or other por-
tions of the same, intended to be dedicated to public
use, or for the use of purchasers or owners of lots
fronting thereon, or adjacent thereto, and located
within the City limits of the City of Salina, or any
addition, adjoining and connecting with such City,
shall be submitted to the City Planning Commission
for their consideration and their recommendations,
and shall then be submitted to the Board of Com-
missioners, of the City of Salina for the official
consideration and action of such Board. No such
plat or re-plat shall be filed with the Register of
Deeds, provided by law, until such plat or re-plat
shall have the endorsement upon it of the fact that
it has been first submitted to the City Planning
Commission and by the City Planning Commission
to the Governing Board or body of such City, and
by such Governing Body duly approved, in accord-
ance with the requirements of Sections 12-705 and
13-1413, of the Revised Statutes of Kansas, 1923.
(S5, Ord. 3083, 3-2-25).
6-406. Plats approved by Board of Commissioners;
filed with Register of Deeds. Any person or corpora-
tion desiring to subdivide any tract of land within or
touching the boundary line of the City shall plat
the same so as to conform to plats, streets and alleys
of said City next adjoining said land, and shall sub-
mit the plat thereof, together with an abstract of
title to the Governing Body of said City for approval
before filing said plat in the office of the Register
of Deeds. No reservation shall be made in the de-
dication of the streets, alleys or public grounds by
said grantor in any of such streets, alleys or public
grounds for any purpose whatsoever. When any
such plat is filed with the Board of Commissioners
80
CITY OFFICERS.-PI:aruling--CommIssion.
Ch.6, Al"t. 4
of the City of Salina for approval the same shall be
referred to the City Planning Commission for their
recommendation, as provided by the preceding sec-
tion of this ordinance. No plat or any land of which
the streets and alleys do not conform to the streets
and alleys next adjoining shall be legal unless the
same shall be submitted to the Board of Commis-
sioners of the City of Salina and by such Board of
Commissioners approved, or if any reservation is
made by the grantor in any street, alley or public
ground contained in any such plat. (~6, Ord. 3083,
3-2-25) .
6-407. City open streets; plats illegal. Whenever
any plat is filed, the streets or alleys of which do
not conform to the streets and alleys of the City of
Salina previously platted and next adjoining such
plat, the City of Salina shall have the right, if such
.
plat w'as: not duly approved by the Board of Com-
missioners of the City of Salina, to. open any street
or alley through such land, which may com.orm to
the streets' or alleys adjoining such plat, and in
opening any such street such plat shall be nigarded
as not ha.ving been filed, ana the owners. of the
property through which such streets or alleys are
opened, or of any other property affected by such
opening, shall have recourse for such damages as
they may sustain against the grantor or grantors
in said plat in accordance with the provisions of
Section 13-1413 of the Revised Statutes of Kansas,
1923. (~7, Ord. 3083, 3-2-25).
6-408. Conflicting ordinances repealed. That all
ordinances or parts of ordinances in conflict with the
provisions of this ordinance be and the same are
hereby repealed. (~8, Ord. 3083, 3-2-25).
....
.
Ch. 6, Art. 5
CITY OFFICERS.-Memorial Hall.
~n
ARTICLE 5.-Trustees of Memorial Hall.
(See 73-407 G. S. 1935)
.
6-501. Memorial Hall Trustees; Board created.
That the management and control of the Salina
Memorial Hall, the Memorial Building erected by
the City of Salina pursuant to the provisions of a
certain special election heretofore held in the City of
Salina authorizing the issue of bonds for the pay-
ment thereof in accordance with the provisions of
Chapter 256 of the Laws of the State of Kansas,
1921, be and the same is hereby vested in a Board
of Trustees, consisting of three members to be ap-
pointed by the Mayor of the City of Salina. Said
Trustees shall be residents of the City of Salina,
each of whom shall be appointed for the term of
three years, from the first day of April in the year
of such appointment; Provided, that the term of
no two members shall expire in the same year, and
provided further that all members hereafter appoint-
ed shall be so appointed upon the expiration of the
term of office of the Trustees holding office at the
time of the taking effect of this ordinance. Any
vacancy on said Board by reason of death, resigna-
tion or other disability of any of said members shall
be filled for the unexpired term of the member
causing such vacancy. Said Trustees shall serve
without compensation and shall make annual reports
and recommendations to the Board of Commissioners
.
of the City of Salina, respecting the management
and use of said building and the needs thereof.
(91, Ord. 3084, 3-2-25).
6-502. Powers and duties of Board. That the
Board of Trustees shall have sole charge and man-
agement of said Salina Memorial Hall and shall
have authority to lease all or any part of said build-
ing for hire to any person or persons desiring to
lease the same and to fix the rate and terms upon
which the charge shall be made and collected there-
for, and to make such provisions for the use of said
building as they may deem necessary and proper.
(92, Ord. 3084, 3-2-25).
6-503. Income; tax levy. That all of the income
received and derived from the use of said hall shall
be paid by said Board into the City Treasury of the
City of Salina to be kept in a fund to be known as
the Memorial Hall Fund, and all expenses of main-
tenance and other expenses in connection with said
Memorial Hall shall be paid out of such fund, on
vouchers approved by the Chairman of said Board
and duly appropriated by Ordinance, and the Board
of Commissioners may annually levy a tax of not
more than 1/10 of one mill to take care of the ex-
penses and maintenance of such Memorial Hall not
provided by the income from such Hall. (93, Ord.
3084, 3-2-25).
.
Ch. 6, Art. 6
CITY OFFICERS.-Library.
83
ARTICLE 6.-Library Board.
(See 12-1201 et seq-G. S. 1935)
.
6-601. Library Board created; appointment; terms.
That there be and there is hereby created a Board
to be known as the Directors of the Salina Free
Public Library, consisting of nine (9) members, one
of whom shall be the Mayor of the City of Salina,
who shall be an ex-officio member of said Board,
and the remaining eight (8) members shall be ap-
pointed by the Mayor by and with the approval of
the Board of Commissioners, all of said members to
be chosen from the residents of the City of Salina
at large, with reference to their fitness for such
office; provided that no person holding any official
position under the City, other than the Mayor, shall
be appointed a Director while holding such office.
All of the present members of the Board of Direc-
tors shall hold office until the expiration of their
respective terms, which expire as follows, to-wit:
Two on April 5th, 1925, two on April 5th, 11)26, two
on April 5th, 1927 and two on April 5th, 1928. Up-
on the expiration of the terms of such members the
Mayor shall annually appoint two members of said
board who shall hold their office for four years from
and after the 1st day of February of the year in
which they were appointed, and thereafter all terms
shall be for four years from and after the 1st day
of February in the year of such appointment. Any
vacancy created by resignation, death or otherwise
shall be filled by appointment by the Mayor for the
unexpired term only. Such Board shall serve with-
out compensation. (~1, Ord. 3085, 3-2-25).
6-602. Duties of Board; expenditures; treasurer.
Such Board shall effect their own organization and
.
I elect officers from their own members, and shall
adopt such by-laws and rules for their own guild-
ance and for the government of the Library as they
may deem expedient, and not inconsistent with the
laws of the State of Kansas with reference to Public
Libraries. They shall have full and complete charge
and supervision of the Library and all of the build-
ings, grounds and rooms set apart for that pur-
pose, and shall have all such other and further duties
as may be provided for such Board by the laws of
the State of Kansas. They shall have exclusive con-
trol of the expenditures of all moneys collected by
taxation or otherwise to the credit of the Library
Fund, which fund shall be kept in the Treasury of
the City of Salina, and shall be kept separate and
apart from other funds. The City Treasurer, upon
receiving a certificate signed by the President and
Secretary of the Board of Directors to the effect
that the person named in such certificate has been
duly elected as the Treasurer of the Library Fund
and has given bond as required by law, shall pay
over to such Treasurer all funds collected for the
maintenance of such Public Library, to be by such
Library Treasurer disbursed under the direction of
the Board of Directors as by law provided. (~2,
Ord. 3085, 3-2-25).
6-603. Tax levy. The Board of Commissioners
of the City of Salina shall annually levy a tax of
not to exceed one mill on the dollar on all taxable
property in the City, subject to taxation, to be levied
and collected in a like manner with the other taxes
of the City of Salina, to be known as the Library
Fund, which shall be handled and disbursed as by
this ordinance and by the laws of the State of Kan-
sas provided. (~3, Ord. 3085, 3-2-25).
.
.
.
Ch. 6, Art. 7
ARTICLE 7.-Cemetery Board.
CITY OFFICERS.-Cemetery.
S5
See Ch. 223 Laws 1891, "Vacate, as a cemetery, cer-
tain lands to "Gypsum Hill Cemetery Association."
6-701. Cemetery Board; powers and duties. That
the Board of Directors of the Gypsum Hill Cemetery
Association which shall have the management and
control of the property and affairs of said Gypsum
Hill Cemetery Association and of the Gypsum Hill
Cemetery, located in the North-east Quarter (NE14)
of Section Eighteen (18), Township Fourteen (14),
Range Three (3), Saline County, Kansas, be appoint-
ed by the Board of Commissioners of the City of
Salina, said Board of Directors to consist of six
members not more than two of whom shall be ap-
pointed in anyone year, and who shall hold their
offices for a period of three years from and after
the date of their appointment; provided that the
members of the Board of Directors of the Gypsum
Hill Cemetery Association heretofore appointed by
the governing body of the City of Salina, Kansas
shall, at the first meeting of such Board of Directors,
after the taking effect of this ordinance, fix the terms
of such present directors, by lot or otherwise, the
manner thereof to be determined by such Board,
so that the terms of office of two of the present mem-
bers shall expire on the 1st day of January, 1926, two
on the 1st day of January, 1927 and two on the 1st
day of January, 1928, and that thereafter the gov-
erning body of the City of Salina shall annually be-
fore January first of each year appoint two mem-
bers of such Board, to hold office for a term of three
years from and after the 1st day of January follow-
ing such appointment; and provided further that
vacancies caused by the death, resignation or other
disability of any member shall be filled for the un-
expired term only. Such members shall serve with-
out compensation, shall effect their own organization
and elect their own officers, shall have the sole con-
trol and management of said Cemetery, and shall
have all of the authority conferred upon them by the
laws of the State of Kansas or by such ordinances
of the City of Salina as shall not be in conflict with
such laws. They shall adopt such bylaws and rules
for their own government and the government of
said Cemetery as may be necessary. (~1, Ord. 3086,
3-2-25).
6-702. Gypsum Hill Cemetery; Trust Deeds; Per-
petual Care of Lots. That whenever any person shall
desire to place or deposit with the City of Salina any
money or securities to be used in improving, main-
taining and caring for any lot, grave, monument
vault or other cemetery property of any lot owner
I in Gypsum Hill Cemetery, such person shall execute
a trust deed to the City of Salina, describing the
money or prpperty so placed or deposited in trust
with said city and describing the lot, grave, monu-
ment vault or other cemetery property of any lot
owner which he desires to have improved, maintain-
ed and cared for, together with the description of
the lot or part of a lot upon which the same is sit-
uated and which trust deed shall authorize the city
as trustee to invest or reinvest such money or the
proceeds of any such securities in state, county or
city bonds or other securities approved by the gov-
erning body of such city and to use the income there-
from for the purpose mentioned in such trust deed.
(iii, Ord. 3530, 5-14-28).
6-703. Same; Records; Receipts. The City Clerk
shall keep suitable records relating to any trust
fund placed or deposited with the City of Salina in
accordance with the provisions of this ordinance, and
shall record therein any such trust deed and the ap-
proval of the same by the Board of Commissioners,
and shall deliver to the City Treasurer any such
moneys or securities so deposited, or placed with the
city under any such trust deed, and shall record the
receipt of the City Treasurer for such money or
securities. (!i2, Ord. 3530, 5-14-28).
6-704. Same; Funds. The City Treasurer shall
be the custodian of any money or securities deposit-
ed or placed with the City of Salina under any such
trust deed and shall invest or re-invest the same or
the proceeds thereof in such securities as shall be
approved by the Board of Commissioners of said
city, and the income from any such trust fund shall
oe and the same is hereby appropriated by the Board
vI Commissioners to the Board of Directors of the
Gypsum Hill Cemetery to be used by them in im-
proving, maintaining and caring for the lots, monu-
ments, vaults, or other cemetery property described
in any such trust deed and the Board of Directors
of said cemetery shall expend any money so appro-
priated, and paid to them by the City Treasurer out
of the income of any such trust fund, only for the
purpose of improving, maintaining and caring for
any such lot, grave, monument, vault or other ceme-
tery property in accordance with the provisions of
the trust deed relating thereto. (!i3, Ord. 3530, 5-
14-28) .
6-705. Same; Records. Whenever any money is
paid to and used by the Directors of said cemetery
from the income of any such trust fund, they shall
make a record of the same showing the date and
amount thereof and the manner in which the same
was expended and shall certify the same to the City
86
CITY OFFICERS.-Cemetery.
Ch. 6, Art. 7
Clerk who shall make a record thereof in his books
kept for such purpose. (~4, Ord. 3530, 5-14-28).
6-706. Same; Funds; Manner of Handling. Any
negotiable securities placed or deposited with the
city for the purposes provided for in this ordinance,
or in which any money placed or deposited with the
city shall be invested, may be placed by the City
Treasurer in the custody of the State Treasurer of
the State of Kansas at Topeka, for safe keeping, in
accordance with the provisions of Chap. 103 of the
Laws of Kansas 107 and the State Treasurer shall
issue a receipt therefor and shall retain such pos-
session as custodian thereof, subject to the order of
the government body of said city, provided that the
City of Salina shall have the power and right to re-
ceive periodically the income from any such securi-
ties and may at any time procure the return of such
securities either in whole or in part for the purpose
of reinvesting the funds or otherwise preserving and
caring for the same. (~5, Ord. 3530, 5-14-28).
6-707. Same; Funds only income used. Any money
which may be accumulated under the provisions of
this ordinance shall be known as the Gypsum Hill
Lot Owners Endowment Fund, and the principal
thereof shall be kept intact and only the income
therefrom or accretions thereto shall be used for the
purpose specified in this ordinance. (~6, Ord. 3530,
5-14-28) .
-
.
.
.
Ch. 7, Art. 1
CITY LIMITS.-Boundaries Established.
a7
CHAPTER 7.-CITY LIMITS. nel as now established, being the first point of inter-
Article l.-Boundaries Established.-7-101. section of said lines lying north of Walnut Street;
2.-0rdinances Extending Limits.- thence north along the center line of the channel of
7-201 to 7-344. said Dry Creek cut-off channel as now established to
ARTICLE I.-Boundaries Established. its next intersection with the center line of Dry
7-101. City Limits. That the corporate limits of Creek as originally existing; thence down the center
the City of Salina, be and the same are hereby ex- line of the channel of Dry Creek as originally exist-
tended to include the territory added to, taken into ing to the point of intersection of said line with the
and made parts of said city under the provisions center line of the channel of the Dry Creek cut-off
of the preceding sections of this ordinance, and that channel as now established, being the first point of
all of the land lying within the following described intersection of said lines lying north of the main
boundary be and the same is hereby declared to be line right-of-way of the Union Pacific Railroad and
within the corporate limits of said city and made lying adjacent to Block 10 in Chicago Addition;
a part of said city, and that such corporate limits thence northeasterly down the center line of the
be and the same are hereby defined, as follows: channel of the Dry Creek cut-off channel as now
C established to the next intersection of said line with
ommencing at the point of intersection of the
center of Ninth Street with the center of Cloud the center line of Dry Creek; thence down the cen-
A venue, being the corner common to Sections 23 24 tel' line of Dry Creek as originally existing to its
25 d 2 T h intersection with the west line of Pacific Addition,
an 6, owns ip 14 south, Range 3 West of'the
Sixth Principal Meridian in Saline County, Kansas; being the west line of the northwest quarter of the
thence west along the south line of said Section 23 northeast quarter of Section 11, Township 14, Range
to the southwest corner of Evergreen Park Addi- 3; thence north along said line to the north line of
. >:aid Section 11, thence east along said line in Pacific
tlOn; thence north along the west line of Evergreen
A venue to the intersection of said line in Pacific
Park to the northwest corner of said addition, such
point being in the south line of Claflin Avenue as A venue to the intersection of said line with the
shown on the plat of Pleasant View Addition; thence southwesterly line, extended southeasterly, of Lots
west along the south line of Claflin Avenue as shown 1, 3 and 5 of Block 32 in Military Addition; thence
on the plat of Pleasant View Addition to the south- northeasterly along said line and along the west
west corner of Pleasant View Addition; thence north lines of Lots 7 and 9 of said Block 32, being the
along the west line of Pleasant View Addition to westerly boundary of said Block 32 in Military Ad-
the northwest corner of said addition, said point be- dition, to the northwest corner of said Lot 9 in Block
ing the southeast corner of Park View Addition' .32; thence due west 40 feet to a point; thence due
th I ;,orth 132 feet to a point; thence due east 170 feet to
ence west a ong the south line of Park View Ad~
dition the southwest corner of said addition; thence east line of the alley in said Block 32; thence due
north along the west line of said addition to the south north to the north line of Harsh Avenue in Military
line of Jewell Avenue, being the northwest corner Addition; thence east along the north line of Harsh
of said Park View Addition; thence west along the Avenue to the west line of Twelfth Street in Mili-
south line of Highland Court Addition to the south- tary Addition; thence north along the west li~ of
west corner of said addition; thence north along the Twelfth Street to the southwesterly line of theaban-
west line of said addition to its intersection with the doned railroad right-of-way running through said
easterly line of the right-of-way of the Missouri Military Addition; thence east to a point in said
Pacific Railroad Company; thence north along the abandoned railroad right-of-way due south of the
east line of said railroad right-of-way to the point intersection of the northeasterly line of said right-
of intersection of said line with the south line, pro- of-way with the south line of Antrim Avenue; thence
duced east, of 'Walnut Grove Addition; thence west north through said point of intersection to the north
along said line to the southwest corner of said ad- line of Antrim A venue; thence east along the north
dition; thence north along the west line of said ad- line of Antrim Avenue to the west line of Eleventh
dition to the south line of Leavenworth Addition; be- Street in Military Addition; thence north along said
ing the center line of Walnut Street; thence west line, and said line extended north, through Tucker
along the south line of Leavenworth Addition to the Park, to the intersection of said line with the center
center line of Dry Creek; thence in a northerly di- line of Euclid Avenue, being the center line, run-
rection down the center of said creek to the inter- ning east and west, of Section 2, Township 14, Range
section of the center line of said creek with the cen-13; thence east along the center line of said Section
tel' line of the channel of the Dry Creek cut-off chan- 2 to a point 159.6 feet west of the southeast corner
88
CITY LIMITS.-Boundaries Established.
Ch. 7, Art. 1
of the northeast quarter of said Section 2 Township center line of Section 12, Township 14, Range 3,
14 south, Range 3 west of the Sixth Principal Meri- Being the center line of Front Street, to the south
dian; thence north 395 feet more or less to a point line of the main line right-of-way of the Union
in the center of the original channel of Dry Creek Pacific Railroad Company; thence northeasterly
(as heretofore existing); thence northerly and west- along the southerly line of said railroad right-of-
erly up the center of the original channel of Dry way to the east line of said Section 12, thence south
Creek to its intersection with the north line of the along said line, being the center line of Ohio Avenue,
south half of the northeast quarter of said Section to the center of the channel of the Smoky Hill River;
2; thence east to a point 106.1 feet west of the east thence southeasterly down the center of the channel
line of the northeast quarter of said Section 2; to said river to its intersection with the east line
thence south 237.8 feet; thence east 45 feet; thence of Lot 2 in Surveyor's Plat No. 18; thence south
south 512 feet; thence east 5 feet; thence south 413 along said east line of said Lot 2 to the north line of
feet; thence west 30 feet; thence south to a point in Section 18; Township 14, Range 2; thence east along
the south line of the northeast quarter of said Sec- the north line of said Section 18 to the northeast
tion 2 which lies 84.6 feet west of the southeast corner of said section; thence continuing east along
corner of the northeast quarter of said Section 2; the north line of Section 17, Township 14, Range 2
thence east 84.6 feet to the southeast corner of the to a point 1880 feet east of the northwest corner
northeast quarter of said Section 2, being also the of said Section 17, being the northeast corner of
southwest corner of the northwest quarter of Sec- Country Club Heights, thence southerly and west-
tion 1, Township 14 south, Range 3 west, of the erly along the boundary line of Country Club
Sixth Principal Meridian; thence north approximate- Heights to a point 214 feet north and 627.3 feet
ly 200 feet along the west line of the northwest east of the southeast corner of the northwest quar-
quarter of said Section 1 to its intersection with the tel' of the northwest quarter of said Section 17;
center line of the original channel of Dry Creek; thence south 214 feet; thence west 627.3 feet along
thence down the center of the original channel of the boundary line of said Country Club Heights to
Dry Creek to a point 75.4 feet east of the west line the southwest corner of the northwest quarter of
of the northwest quarter of said Section 1; (said said Section 17, being the southwest corner of said
point being approximately 230 feet north of the Country Club Heights, thence north along the west
south line of the northwest quarter of said Section line of said Section 17, one hundred seventy-two
1); thence north to a point 1112.8 feet south of the (172) feet, more or less, to a point due east of the
north line of the south half of the northwest quar- southeast corner of Lot 7, Mt. Barbara Park Ad-
tel' of said Section 1; thence west 30 feet; thence dition; thence west to the southeast corner of said
north 785.2 feet; thence east 327.6 feet to a point Lot 7 Mt. Barbara Park Addition; thence south 273
in the center of the original channel of Dry Creek; feet to a point in the south line of the north half
thence in a southerly and westerly direction up the of the northeast quarter of Section 18, Township 14
center of the original channel of Dry Creek to its south, Range 2 west of the Sixth Principal Meridian;
intersection with the north line of College Court thence west along the south line of the north half
Addition, thence east along the north line of Col- of said quarter section, to the center of said north-
lege Court Addition to the center line of a public east quarter of said Section 18; thence south 33 feet;
road known as Fifth Street; thence south along said thence west along a line parallel with the south
center line of said road to the center of Euclid line of the north half of said northeast quarter of
Avenue; thence east along the center line of Euclid said Section 18, 147.84 feet, more or less to a point
Avenue and of said Section 1 to the northeast cor- 1172.16 feet east of the west line of said northeast
ner of Episcopal Military Institute Addition; thence quarter of said Section 18; thence south along a
south along the east line of the alley which lies along line parallel with the west line of said northeast
the east side of said addition, and which is the quarter of said Section 18, 330 feet; thence west
east line of said addition, to its intersection with along a line parallel with the south line of the
the center line of Harsh A venue as shown by the north half of said northeast quarter of said Section
recorded plat of said addition; thence east along 18 to a point 940.5 feet east of the west line of said
center line of Harsh Avenue, extended east, to the northeast quarter of said Section 18; thence south
intersection of said line extended with the east line 658.74 feet along a line parallel with the west line
of the southwest quarter of Section 1, Township 14, of said northeast quarter of said Section 18; thence
Range 3, being the center line of said section; thence west 353.83 feet, along a line parallel with the
south along the center line of said Section 1 and the south line of the north half of said northeast quar-
-
.
Ch. 7, Art. 1
CITY LIMITS.-Boundaries Established.
8D
.
ter of said Section 18; thence south 277 feet along of intersection of the center line of said channel
a line parallel with the west line of said northeast with the center line of Front Street, extended north,
quarter of said Section 18, to a point 20 feet north such point being the northwest corner of Lot One
of the south line of said northeast quarter of said (1).in Garden Home Addition; thence south along
Section 18; thence west 586.67 feet to a point 20 the center line of Front Street to its intersection
feet north of the southwest corner of the southeast with the center line of Crawford Street, such point
quarter of said Section 18; thence south to the cen- being the southwest corner of the southeast quarter
ter line of said Section 18; thence west along the of Section 13, Township 14 south, Range 3 west of
south line of the northwest quarter of Section 18, the Sixth Principal Meridian; thence east along the
Township 14 south, Range 2 west of the Sixth Prin- center line of Crawford Avenue, being the south
cipal Meridian to the east line of Indiana Avenue, line of said quarter section to the east line of Wells
according to the original plat. of Stack Place; thence Addition; thence south to the southeast corner of
north along said east line of Indiana Avenue to its said addition; thence west to the west line of the
intersection with the center line of Stack Avenue, northeast quarter of Section 24; being the center
in Stack Place; thence west along the center line line of Front Street; thence south along said line to
of Stack Avenu~ to the center line of Ohio Avenue; the center line of Republic Avenue; being the center
thel1ce south along the center line of Ohio Street line running east and west of Section 24; thence
to the southwest corner of the northwest quarter of east along said line being the north line of the addi-
said Section 18, Township 14 south, Range 2 west tion to the Grounds of the Kansas Wesleyan Uni-
of the Sixth Principal Meridian; thence west along versity, to the east line of Roach Street, formerly
the south line of the northeast quarter of Section Decatur Street, being the northwest corner of said
13, Township 14 south, Range 3 west of the Sixth addition; thence south along said line to the center
Principal Meridian, being the south line of Lot 6 in of Cloud Avenue, being the southeast corner of said
Surveyor's Plat No. 12, to the intersection of said addition; thence west along said line, being the
line with the center of the channel of the Smoky south line of said Section 24, to the intersection of
Hill River; thence southwesterly up the center of said line with the center line of Ninth Street, be-
the channel of said Smoky Hill River to the point ing the point of beginning. (~5, Ord. 4756, 6-14-37).
.
.
.
Ch. 7, Art. 2
CITY LIMITS.-Ordinances Extending.
91
.
ARTICLE 2.-0rdinances Extending City Limits.
(Included only by reference to ordinance
numbers and dates.)
7-201. Original townsite. (The original townsite
of the City of Salina consists of the Southwest quar-
ter of Section 12, and the Northwest quarter of Sec-
tion 13, Township 14 South, Range 3 West in Saline
County, as shown by the certificate and plat thereof
filed in the office of the Register of Deeds in Saline
County, on the 14th day of April, 1862, and includes
all of that part of the city bounded by Front Street
on the East, North Street on the North, Ninth Street
on the West and South Street on the South.)
7 -202. Additions to original townsite. (The Board
of Trustees of the Town of Salina on July 5th, 1870,
in accordance with the provisions of law then in
effect, made an order including as part of the Town
of Salina and within the corporate limits thereof all
additions previously platted and recorded in the of-
fice of the register of deeds as additions to the
Town of Salina, notice thereof having been published
in the Salina Herald, July 23, 1870. The additions
included by such order included Calkins Addition,
Depot Addition, Jones Addition, Bishops Addition,
Abbot & Williams Addition and Hugger & Bishops
Reserve.
The following sections refer to the ordinances by
which the additions therein named, or the lands sub-
sequently platted as such additions, were incorporat-
ed into the city limits of Salina, with the effective
dates of such ordinances.)
7-203. Abbott & Williams Addn. (See 7-202)
7-5-70.
7-204. Atherton & Phillips Addn. Sec. 1, Ord.
553, 5-25-87.
7-205. Addn. to Kansas Wesleyan University
Grounds. Sec. 25, Ord. 610, 11-10-87.
7-206. Bachtold's Plat. (Part Surv. Plat No. 10)
Ord. 2481, 5-5-22.
7-207. Beebe's Addn. Ord. 247, 12-17-78.
7 -208. Berg Addn. Sec. 6, Ord. 620, 1-16-88.
7-209. Berks Addn. Ord. 250, 1-20-79.
7-210. Beverly Manor. Blks. 1, 2 and 3. Sec. 12,
Ord. 3229, 3-27-26.
7-211. Bishop's Addn. (See 7-202) 7-5-70.
7 -212. Bishop & Blodgett's Addn. Ord. 131, 8-
13-74.
7-213. Bond's Addn. Sec. 9, Ord. 522, 12-23-86.
7-214. Braniff & Cravens Addn. Sec. 9, Ord. 610,
11-10-87; Sec. 1, Ord. 1690, 11-18-12.
.
7-215. Bristol's Addn. Sec. 2, Ord. 610, 11-10-87.
7-216. Brown's Addn. (Part Surv. Plat No. 10)
Ord. 2481, 5-5-27.
7-217. Calkins Addn. 7-5-70, (See 7-202).
7-218. Carroll's Addn. Ord. 96, 4-17-73.
7-219. Casa Loma Manor. Sec. 1, Ord. 4756, 6-
14-37.
7-220; Chicago Addn. Sec. 3, Ord. 610, 11-10-87.
7 -221. College Court Addu. Sec. 1, Ord. 3229, 3-
27-26.
7 -222. College View Addn. Ord. 2316, 1-24-20.
7-223. Crawford Addn. (Part Surv. Plat No. 10)
Ord. 2481, 5-5-22.
7 -224. Country Club Heights. Sec. 3, Ord. 3254,
6-19-26.
7-225. Depot Addn. 7-5-70, (See 7-202).
7-226. Derrington's Addn. Ord. 253, 2-24-79.
7-227. Dimick's Addn. (Part Lots 13 & 14 Surv.
Plat No. 10) Sec. 10, Ord. 3229, 3-27-26.
7-228. East Gardens Addn. Sec. 2, Ord. 579, 7-
15-87.
7-229. Eberhardt's Addn. Sec. 18, Ord. 710, 11-
10-87.
7 -230. Episcopal Military Institute Addn. Ord.
726, 11-28-89.
7-231. Elmdale Addn. Sec. S, Ord. 610, 11-10-87.
(All west of Dry Creek vacated by Res. of City
Council, and order of Co. Commissioners.)
7 -232. Ernest & Rhodes Addn. Ord. 253, 2-24-79.
7-233. Evergreen Park Addn. Sec. 6, Ord. 3229,
3-27-26.
7-234. Fairview Addn. (Part Surv. Plat No. 10)
Ord. 2481, 5-5-22.
7-235. Fruitland Addn. Sec. 11, Ord. 610, 11-10-
87.
7 -236. Garden Home Addn. Sec. 1, Ord. 3843, 4-
5-30; (excluded from city limits Ord. 2417, 2-3-32).
7-237. Geis' Addn. Ord. 138, 10-8-74.
7 -238. Glennifer Hill Addn. Sec. 16, Ord. 610,
11-10-87.
7 -239. Golden Belt Subdivision Elk. 1. Sec. 5,
Ord. 3328, 2-5-27.
7-240. Grounds of Kansas Wesleyan University.
Ord. 526, 2-21-87.
7-241. Hoffa's Addn. Sec. 1, Ord. 610, 11-10-87.
7-242. Hudson's Addn. Sec. 14, Ord. 610, 11-10-87.
7-243. Highland Court Addn. (Including city
park) Ord. 2188, 6-3-18.
7 -244. Hollands Addn. Ord. 323, 2-24-81.
92
CITY LIMITS.-Ordinances Extending.
Ch. 7, Art. 2
7-245. Hughes Addn. Sec. 5, Ord. 610, 11-10-87.
7-246. Hutchinson's Addu. Sec. 21, Ord. 610, 11-
10-87.
7.247. Hugger & Bishops Reserve. 7-5-70 (See
7-202).
7-248. Jones Addn. .7-5-70 (See 7-202).
7-249. Kansas Wesleyan University, The Addn. to.
Sec. 25, Ord. 610, 11-10-87.
7-250. Kansas Wesleyan University, Grounds of.
Ord. 526, 2-21-87.
7-251. Kenwood Park. Ord. 2217, 10-12-18.
7-252. Leavenworth Addn. Sec. 7, Ord. 610, 11-
10-87. (Part west of Dry Creek excluded from city
limits Ord. 4323).
7.253. Leavenworth Addn. (Part of Park No.3
and part of Blk. 10 & 11 lying west of center of
original channel of Dry Creek and east of center
of Dry Creek north of Walnut St.) Sec. 2, Ord. 4756,
6-14-37.
7-254. Lill Addn. Sec. 1, Ord. 533, 5-25-87.
7-255. Logan Addu. Sec. 19, Ord. 610, 11-10-87.
7-256. Lunkenheimer's Addn. Sec. 4, Ord. 610,
11-10-87.
7-257. Maple Grove Addn. Ord. 253, 2-24-79.
7-258 Military Addn. Sec. 24, Ord. 610, 11-10-87.
(Parts of this addition were vacated at various
times. See reference to notes on original plat filed
in office of Reg. of Deeds, Sept. 26, 1887 and Res.
of City Council passed Feb. 17, 1913. Part of vacat-
ed portion later platted as Tucker Park and Episcopal
Military Institute Addn.)
7-259. Morris' Addn. Sec. 1, Ord. 579, 7-15-87.
7-260. Morrison's Addn. Sec. 2, Ord. 522, 12-23-
86. (That part of said addition lying between 9th
St. and the west line of 12th St. in Phillips 2nd
Addn. extended south, was previously incorporated
in city limits by Ord. 353, 2-24-89).
7-261. Morrison's 2nd Addn. Sec. 7, Ord. 522,
12-23-86.
7-262. Morrison 3rd. Addn. Sec. 12, Ord. 610,
11-10-87.
7-263. Mt. Barbara Park Addn. . Sec. 1, Ord. 3328,
2-5-27.
7.264. Mt. Calvary Cemetery. (Part lying north
of south line of Lot 7, Mt. Barbara Park Addn. ex-
tended east). Sec. 3, Ord. 3328, 2-5-27.
7-265. Neeley's Addn. Sec. 3, Ord. 522, 12-23-86.
7-266. Ninth St. Plat. (Part of Surv. Plat No.
10) Ord. 2481, 5-5-22.
7-267. North Park Addn. Sec. 6, Ord. 610, 11-
10-87.
7-268. Oakdale Park. (That part previously in-
cluded in the city limits) Sec. 2, Ord. 553, 5-24-89.
7-269. Oakdale Addn. Ord. 239, 10-24-78.
7-270. Pacific Addn. Sec. 10, Ord. 522, 12-23-86.
7-271. Park View Addn. Sec. 7, Ord. 3229,3-27-26.
7-272. Phillips East Salina Addn. Ord. 554, 5-
24-87. (All that portion lying east of the east
boundary of Delaware Ave. later platted as Surv.
Plats 7 and 8, excluded from city limits. Ord. 2271,
7-12-19).
7-273. Phillips 2nd Addn. Ord. 254, 2-24-79.
7-274. Pleasant View Addn. Sec. 5, Ord. 3229,
3-27-26.
7-275. Prescott Addn. Ord. 323, 2-24-81.
7-276. J. C. Rash & Sons Addn. Sec. 15, Ord. 610,
11-10-87.
7-277. Replat of Beebe's 2nd Addn. Ord. 323, 2-
24-81.
7-278. Replat of Powers Addn. Ord. 253, 2-24-79.
7-279. Riverside Addn. Sec. 8, Ord. 522, 12-23-86.
7-280. Riverview Addn. Sec. 23, Ord. 610, 11-
10-87.
7-281. Santa Fe Park Addn. Sec. 3, Ord. 620,
1-16-88.
7-282. Seitz Addn. Ord. 253, 2-24-79.
7-283. Seitz 2nd Addn. (Part Surv. Plat No. 10)
Ord. 2481, 5-5-22.
7-284. Smiths Addn. Ord. 253, 2-24-79,
7 -285. Smith & Colvard's Addn. Sec. 1, Ord. 522,
12-23-86.
7-286. Southern Heights Addn. Sec. 4, Ord. 3229,
3-27 -26.
7-287. South Park Addn. Sec. 6, Ord. 522, 12-
23-86. (Part of land included in Replat of Blk. 5
South Park Addn. described as commencing at N.E
cor. of Lot 5, Blk. 5, thence west 886 ft. thence north
96.6 ft., thence east 886 ft., thence south 100 ft. to
place of beginning, included in the city limits by
Sec. 1, Ord. 620, 1-16-88).
7-288. Southview Addn. (Land later 'platted as)
Sec. 12, Ord. 3229, 3-27-26.
7-289. Stack Place. Sec. 3, Ord. 3229, 3-27-26.
7-290. Stack Place, Blks. 5, 6, 7 & 8. Sec. 6, Ord.
3627, 12-10-28.
7 -291. SUIDlY Side Addn. Sec. 20, Ord. 610, 11-
10-87.
7-292. Sweeneys Addn. (Land later platted as)
Ord. 253, 2-24-79.
7 -293. Thomas Park. (Tract known as Thomas
Park incorporated in city limits by Sec. 1, 2, Ord.
4588, 12-2-35. (See ~17-601).
-
.
.
.
Ch. 7, Art. 2
CITY LIMITS.-Ordinances Extending.
93
7-294. Thomas White Farm, Subdivision of, Part
Lot 2. (Lying south and east of Smoky Hill River)
Sec. 1, Ord. 3627, 12-10-28.
7-295. Tucker Park. Sec. 1, Ord. 2028, 3-17-17.
(By order of Co. Commissioners June 4, 1917, that
part of Tucker Park described at Lot 13 & 14 in Blk.
2 lying west of west line of 11th St. extended north
and lying north of south line of Antrim St. extended
west and lying east and south of Dry Creek west
excluded from corporate limits of Salina and va-
cated as a part of Tucker Park).
7-296. University Addn. Ord. 436, 2-24-85.
7 -297. VanTrine's Addn. Sec. 3, Ord. 610, 11-
10-87.
7-298. Walker Addn. (Land later platted as)
Sec. 1, Ord. 553, 5-25-87.
7-299. Walnut Grove Addn. Sec. 2, Ord. 3229,
3-27-26.
7-300. Weaver's Addn. Sec. 4, Ord. 522, 12-23-86.
7-310. Weaver's 2nd Addn. Sec. 4, Ord. 522, 12-
23-86.
7-302. Wellington's Addn. Sec. 5, Ord. 522, 12-
23-86.
7-303. Wells Addn. Sec. 10, Ord. 610, 11-10-87.
7-304. West Park Addn. Sec. 17, Ord. 610, 11-
10-87. (Vacated and excluded from city limits.
Ord. 1360, 1-21-07).
7-305. Wights Addn. (Land later platted as)
Sec. 1, Ord. 553, 5-25-87.
7-306. Wilsons Addn. (That part lying between
Park St. and Ash St. and between 11th St. and 13th
St.) Ord. 461, 9-11-85.
7-307. Wilson Addn. Sec. 11, Ord. 522, 12-23-86.
7-308. Woodland Addn. (That part now in city
limits was originally platted as Jones Addn.) See
7-202.
7-309. Surveyors Plat A. (Land later platted as)
Ord. 253, 2-24-79.
7-310. Surveyors Plat B. (Land later platted as)
Ord. 253, 2-24-79.
7-311. Surveyors Plat C. Lots 1 to 16 inclusive
included in territory incorporated in city limits by
Sec. 2, Ord. 620, 1-16-88. Lot 17, Sec. 5 of same Ord.
7-312. Surveyors Plat D. (Land later included in
plat) Ord. 323, 2-24-81.
7-313. Surveyors Plat E. (Land later included
in plat) Sec. 4, Ord. 620, 1-16-88.
7-314. Surveyors Plat F. (Part of which was
later replatted as College View Addn.) Ord. 2316,
1-24-20.
7.315. Surveyors Plat G. (Land later platted as)
Sec. 1, Ord. 553, 5-25-87.
7-316. Plats 7 & 8. (Being that part of Phillips
East Salina Addn. lying east of east line of Dela-
ware Ave. excluded from city limits, Ord. 2271, 7-
12-19) .
7-317. Plat 7, Lot 1. Sec. 3, Ord. 3641, 1-3-29.
7-318. Plat 7, Lots 2, 3, 4 & 5. Sec. 2, Ord. 3641,
1-3-29.
7-319. Plat 7, Lot 6. Sec. 1, Ord. 3641, 1-3-29.
7 -320. Plat 8. Part of Lot 1 lying south of north
line of Sec. 18-14-2. Sec. 1, Ord. 3239, 4-29-26.
7-321. Plat 8. Lots 2, 3, 4, 6, 7 & 8. Sec. 8, Ord.
3229.
7-322. Plat 8. Lots 9, 10, 11 & 12. Sec. 9, Ord.
3229, 3-27-26.
7-'323. Plat 8. Lots 13, 14, 15, 16, 17, 18 & 19.
Sec. 2, Ord. 3239, 4-29-26.
7-324. Plat 8. Lot 20. Sec. 5, Ord. 3627, 12-10-28.
7-325. Plat 8. Lot 21. Sec. 4, Ord. 3627, 12-10-28.
7-326. Plat 8. Lot 22. Sec. 3, Ord. 3627, 12-10-28.
7-327. Plat 8. Lot 23 & 24. Sec. 1, Ord. 3372,
5-4-27.
7-328. Plat 10. (Except Blk. 13 & 14) Ord. 2481,
5-25-22. Now includes Elk. 2 & 4 Surv. Plat No. 10;
Seitz 2nd Addn. 9th St. plat; Bachtold Plat, Fair-
view Addn.; Browns Addn.; and Crawford Addn.
7.329. Plat 10. Blks. 13 & 14 (Now Dimicks
Addn.) Sec. 10, Ord. 3229, 3-27-26.
7-330. Plat 12. Lots 2, 3, 4, 5, 8, 9, 10, 11 & 12.
Sec. 11, Ord. 3229, 3-27-26.
7-331. Plat 12. Lot 6. Sec. 7, Ord. 3627, 12-10-28.
7-332. Plat 18. Lot 2. Sec. 2, Ord. 3627, 12-10-28.
7-333. Plat 34. Lot 1. Sec. 1, Ord. 3254,6-19-26.
7-334. Plat 34. Part of Lot 2 lying north of
center line of Stapler Ave. extended east. Sec. 2,
Ord. 3328, 2-5-27.
7-335. Plat 34. Part of Lot 2 lying south of cen-
ter line of Stapler Ave. extended east. Sec. 2, Ord.
3843, 4-5-30.
7-336. Plat 34. Lot. 3. Sec. 2, Ord. 3254,6-19-26.
7-337. Part of S1I2 NE1I4 Sec. 18-14-2 (33' x
1320' lying south Lot 2 Surv. Plat 34) Sec. 3, Ord.
3843, 4-5-30.
7-338. Part of S1I2 NE1I4 Sec. 18-14-2 (1172.16'
x 330' east of Iowa St. at east end of Gypsum Ave.)
Sec. 4, Ord. 3843, 4-4-30.
7-339. Part Sec. 1-14-3 (255' x 480' lying be-
tween Elk 1 Golden Belt Subdivision and Elk 6, East
Military Institute Addn, on north side of Pacific
Ave.)
94
CITY. LIMITS;~Q~-d,inaJlc~s'Et.te)1ding.
Ch.7, Art. 2
7-340. ParCof SWl/4NWl/4Sec,'-l-H-3.: '(Part
lying north of College Colil't:Addrt', Sec. 1, 01'1.1.
3785, 9-28-29. Excluded from limits Qrd. 4107; 9-
21-31) .
7-341. Part of SW1/ 4 11-14-3. (Adjacent to Ink.
10 Chicago Addn. between center of original channel
of Dry Creek and center of Dry Creek cut-off chan-
nel). Sec. 3, Ord. 4756, 6-14-37.,
7-342. Part of NE1/4 NW1/4 11-14-3. (Between
.ce/1terPryCreek '.aJ1dWhtttredge St.nprtb of.North
St,)- ,Sec. 4, Ord;A 7/16; 744-37.
7-343. Part of S1/2 Slt2-NEl/4 12-14~3. (Tri-
angular tract between North St; & Mo; Pac. Rwy,
west of Ohio St.) ,Sec. 13, Ord. 3229, 3~27:-26,
7-344. Part of N1I2 Nll2 BE1/4 SE1I4 2.3-14"3.
(Now Southview. Addn., ,&.Blk. 1, 2, &. 3 Beverly
Nanor&' tract 100' x 120' inNE CD.r. of SWl/4
south of Jewell Ave. &. east of Pershing). Sec. 12,
Ord.3229, 3-27-26.
.
Ch.8
CITY PROPERTY
95
CHAPTER 8.-CITY PROPERTY.
(13-401 et seq. G. S. 1935)
(The ordinances authorizing the purchase of prop-
erty by the city are not set out in full, the descrip-
tion of the tracts of land purchased and the ordin-
ances authorizing such purchase being included here-
in by reference only.)
8-101. City Hall and Fire Station property. Pur-
chase of the following property; lots 80-82-84 and
86 on Fifth Street in Salina, Kansas, authorized by
Ordinance 1006, August 21, 1899. The erection of a
city building, including a jail annex, on the above
property authorized by Ordinance 1604, April 17th,
1911.
.
8-102. City Dump Ground. Purchase of the fol-
lowing property; commencing at a point 2220 feet
West of the SE corner of the SE1/4 of Section 10-
14-3; thence North 638.5 feet; thence West to the
West line of said quarter section; thence South along
said line to the SW corner of said quarter section;
thence East 441.8 feet to place of beginning in Saline
County, Kansas, formerly block 42 and South 1/2 of
block 35 of J. C. Rash & Sons Addition, authorized
by Ordinance 1091, August 28th, 1921.
8-103. Voting place Second Precinct Second Ward.
The purchase of lots 8-9 and 10, block 7 Calkins Ad-
dition authorized by ordinance 2006, December 4th,
1916.
8-104. Voting place Fourth Precinct Third Ward.
Purchase of following property; beginning at a point
10 feet North of the SE corner of lot 10, block 1,
Morrisons Addition; thence West 21 feet; thence
North 40 feet; thence East 21 feet; thence South 40
feet to place of beginning, authorized by Ordinance
2183, May 25th, 1918.
8-105. Voting place Second Precinct Fifth Ward.
Purchase of W es t 60 feet of East 76 feet of South
1/2 of lot 21 on Ninth Street in Prescotts Addition
authorized by Ordinance 1996, October 16th, 1916.
8-106. Memorial Hall Grounds. Lots 1 to 11 in-
clusive of the replat of Bishops Reserve, occupied
by the Salina Memorial Hall acquired by the city by
condemnation proceedings and by additional quit
claim deeds executed by the various owners of the
tracts in book 77 of deeds, at pages 74 and 77 to 87
inclusive.
8-107. Library Property. Lots 110 and 111 on
Iron Avenue in the original Town of Salina were
.
deeded to the directors of the free public library by
warranty deed recorded in book 29 of deeds, page
379.
8-108. Airport. E'/2 of NW%, and W~ of NE
1/ 4 of Section 20-14-2, acquired by warranty deed.
Recorded book 89 of Deeds, page 318.
8-109. Water Works. The following property,
(together with appurtenances) acquired by deed
from The Salina Water Works Company:
E. 20 feet of Lot 13, block 1, Santa Fe Park Addi-
tion; also, S. 70 feet of lot 2 and E. 50 feet of lot 4,
block 2 Beebe's Addition; also, lot 41 block 2 and lot
15 block 3 Van Trine's Addition; also lot 8 Survey-
or's plat "C"; also lots 1-2 on 4th street and lots 1-3
on 5th street Holland Addition; also lots 11-13 block
1 College View Addition. (Ord. 3166, 10-12-25; Ord.
3199, 12-28-25; Ord. 3445, 8-1-27).
Note: E 20 feet of Lot 13, block 1, Santa Fe Park
Addition authorized sold to C. H. Harper and Mary
D. Harper by Ord. 3271, 7-20-26.
8-110. Sewage Disposal Plant. Part of NW1/4
Section 8-14-2 (comprising area 610 feet by 500 feet),
acquired by warranty deed, dated August 1, 1927,
recorded in book 86 Deeds, page 396.
8-111. Sewage Pumping Station. S18 1/2 feet of
lot 11 and N. 18 1/2 feet of lot 12 all in block 3,
Fairview addition acquired by warranty deed dated
12-4-28, recorded in book 89 Deeds, page 373.
8-112. Lots 165-167 on Second Street, were deed-
ed to the City of Salina by administrator's deed by
F. D. Blundon, administrator of Estate of Emma
Louisa Blundon-Farquharson. Deeds dated 1-20-20.
Recorded in book 41 of Deeds, page 621.
8-113. Street Department Property. Acquired by
quit claim deeds recorded in volume 86 Deeds, page
504 and page 522.
Note: This tract was the formerly platted street
known as Third Street, south of. Ash Street, later
vacated.
8-114. Lot 8 Block 6 Walnut Grove Addition.
Deeded to City of Salina by warranty deed dated
2-17-28. Recorded in book 86 of Deeds, page 592.
8-115. Kansas Wesleyan University Athletic Field.
Lots 1,3, 5, 7, 9, 11, 13, 15, 17, 19 on Claflin Ave.,
lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 19 and 20 on Russell Ave., lots ~-4-6-8-10-12
14-16-18 and 20 on Cloud Ave., all in the Addition to
Grounds of Kansas Wesleyan University, deeded to
City of Salina by trustees of Kansas Wesleyan Uni-
96
CITY PROPERTY
Oh.8
versity by corporation warranty deed, dated 9-21-38, lot 126 on Fifth Street in the City of Salina Sept. 8,
recorded in book 115 of Deeds, page 296. This deed 1927, see Ord. 3291, 9-27-26; Proclamation first pub-
recites that the foregoing property is for the use lished in the Salina Journal Oct. 7, 1926; Ord. 3463,
of the inhabitants of the City of Salina subject, how-19-12-27.
ever, to the prior rights to use by the Kansas Wes-
1eyan Uni\'ersity. )
For sale of part of Lot 30 block 1 Riverside Park
Note: For sale of lot 124 and N. 6 1/2 inches of Addition to the City of Salina see Ord. 3289, 9-8-26.
')
.
CHAPTER 9.-FIRE DEPARTMENT.
FIRE DEPARTMENT.-Personnel; Duties.
97
Ch. 9, Art. 1
Article I.-Personnel - Duties-9-101 to 9-116.
2.-Firemen's Relief Association-9-201
to 9-214.
3.-Firemen's Pension Fund-9-301 to
9-311.
.
ARTICLE I.-Personnel - Duties.
(13-442 G. S. 1935)
9-101. Fire Department. The Fire Department
of the City of Salina shall sonsist of a Fire Chief
and as many regular Firemen as the Mayor and
Council may from time to time deem necessary. (~1,
Ord. 1480, 4-19-09).
9-102. Two platoons; alternate. That from and
after the 1st day of April, 1920, the members of the
Fire Department of this City shall be divided into
two platoons, one to perform day service and the
other night service. The hours of duty of the day
force shall be from eight A. M. to six P. M., and the
hours of duty of the night force shall be from six
P. M. to eight A. M. the following morning; Provid-
ed: than on every fifteenth day, for the purpose of
alternating the day force with the night force, and
vice versa, and for the purpose of giving one force
or platoon of men twenty-four hours off duty, every
fifteenth day the force or platoon of men who go
on duty at eight A. M. on said fifteenth day and
every fifteenth day thereafter, will remain on duty
to eight A. M. the following morning, but one force
or platoon shall be at liberty all times, except as
otherwise provided. (Sl, Ord. 2326, 3-20-1920).
9-103. Fire alarm; off duty Firemen report. That
when the fire alarm is sounded, such firemen as may
be off duty will immediately report to the Fire
Department as ready at command of Fire Chief to
be summoned to assist in the protection of life and
property. (S2, Ord. 2326, 3-20-20).
9-104. Wear uniforms, badges, comply with rules.
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 re-
quired of them by him, or by his directions, and shall
comply with all rules and regulations established by
him for the government of said department. (~5,
Ord. 1480, 4-9-09).
9-105. Fire Chief responsible for Department;
make rules; enforce orders. The Fire Chief shall be
held responsible for the discipline, good order and
proper conduct of the entire F'ire Department, and
for the proper care of all fire department stations
and all apparatus and property of the City coming
.
under his control; and shall have power to assign
and locate employees of the department as shall to
him seem to best promote the efficiency of the ser-
vice, and shall establish and enforce such rules and
regulations as he shall deem necessary, and shall
have power to suspend or dismiss any employees of
the department for drunkenness, inefficiency, neglect
of duty, disobedience of orders, or other good cause;
the action so taken to be reported to the Mayor.
(~4, Ord. 1480, 4-9-09).
9-106. Chief in command at fires; Assistant
Chief; obstructing firemen; penalty. The Chief shall
have full power, control and command over all per-
sons at fires, and shall station the engine and appa-
ratus, and see to it that all persons belonging to the
.J!'ire Department do the duties required of them by
jaw 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 Assis-
tant Chief or next higher officer in such Department
shall command and be in control at such fire; and any
person who shall hinder, obstruct or resist the per-
son so in charge of any fire in the performance of
his duties, shall be deemed guilty of a misdemeanor
and, upon conviction, punished by a fine not exceed-
ing One Hundred Dollars. (S7, Ord. 1480, 4-9-09).
9-107. Fire Chief keep record of fires; record of
men and inventory of property. He 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 in-
surance involved and the loss incurred. He shall also
keep a record of all men employed in the Depart-
ment, with the time so employed; also an inventory
book, showing at all times a list of the property
belonging to the City in charge of the fire depart-
ment, together with any other records that may be
necessary to show at any time the workings and con-
ditions of said department; and at the close of each
fiscal year he shall make a report to the Mayor and
Council giving a summary of the work done by him
and his Department and the expenses and general
condition of said Department. (S8, Ord. 1480, 4-9-09).
9-108. Firemen; attend fires. All firemen, under
the direction and control of their proper officers,
shall, upon alarm of fire, repair to the place of such
fire with the engine and other apparatus under their
care, and there work and manage the same under the
direction of the Chief and his assistants, or of the
officer having chief control, and shall not remove
98
FIRE DEPARTMENT,.,-:-Personn€\l; Duties.
,Ch. 9, , Art. 1
therefrom except by permission of such officer. way by the Fire Department, and any pers<ln who
(~14, Ord. 1480, 4-9-09). shall wilfully injure in any manner any hose, fire
9.109. Cut down or remove buildings, etc., w check ~ngine, or other apparatus, or any building contain-
flames. The Fire Department, may, under the di- mg the sa~e. belonging to the City of Salina shall
rection of the Chief, or in his absence, under the di-I upon ~onvlCtlOn thereof be fined in any sum not
rection of the Assistant Chief, cut down or remove exceedmg $50.00. (S20, Ord. 1480, 4-9-09).
any building, erection or fence for the purpose of 9 113 Ch' f ".. .
h k' th f f' - . Ie may reqUire aId of vehIcles or of
c ec mg , e progress 0 any Ire, every reasonable horse or team; Refusal; Penalty. It shall be lawful
effort havmg been made to check the flames by other f th Ch' f f th F' D ' .
means. (~15, Ord. 1480, 4-9-09). or e Ieo e Ire epartment ,or officer m
command of any company or for the City Manager,
9-110. Fire guard; police; protection of property; to require the aid of any vehicle or of any horse or
keep idle away. At all fires the City Marshal, As- team found in the city at the time, in conveying
sistant Marshal and Policemen shall act as a fire any fire apparatus of any kind to any fire or in case
guard, under the control and direction of the Fire of any emergency; and if any person shall refuse
Chief. It shall be the duty of the fire guard to take or neglect to comply with such demand, he shall
charge of all property removed from buildings at be liable to paying a fine not to exceed $25.00.
fires and deliver the same to the Chief, or in his ab- (S22, Ord. 1480,4-9-09; Amd. SI, Ord. 4949, 9-18-39).
sence, to store or otherwise to protect the same until
it is claimed by the owner or owners and upon such 9-114. Disorderly conduct at fire; refusal to obey
claim to deliver up such property to the owner or own- order of Fire Chief; penalty. Every person at or
ers upon the payment to the Chief of all expenses near a fire who shall conduct himself in a disorderly
necessarily and actually incurred in and about the manner, or neglect or refuse to obey promptly any
care and protection of such property, and for which a proper order of the Fire Chief or his Assistant, or
receipt shall be given by the Chief; and the said who shall resist, obstruct, hinder or abuse any officer
fire guard is hereby invested with all necessary au- of the Fire Department, or any Fireman, in the pro-
thority for the purpose of taking charge and pos- per discharge of his duties shall, upon conviction
session of such property; and it shall be the further thereof, be fined not less than $10.00 nor more than
duty of said fire guard to prevent the hose from $100.00 for each offense; and any of the aforesaid
being trodden upon, and to keep all idle and suspect- officers or any police officer may forthwith arrest
ed persons from the fire and its vicinity, and also to without warrant .and take to the Police Station any
use all proper exertions within their power for the person so offendmg. (S23, Ord. 1480, 4-9-09).
protection of property endangered at fires; and alii ,9 115 V' I t' f S 9 1
citizens are hereby enjoined and required to comply. - . 10 a IOn 0 . ecs. - 0.3 to 9-110; penalty.
'th th d' t' f f th 'd fi d' Any person found gUilty of VIOlating any of the
WI e Irec IOns 0 any 0 e sal re guar s. . . "
(SI8, Ord. 1480, 4-9-09). ~rOVISI?nS of thIS ordmance for which no penalty
IS herembefore named, or who shall refuse or neglect
9-111. Firemen refuse duty; penalty. Any fire- to comply with any of the directions of the Fire Chief
man or other person who at a fire shall refuse to, or his Assistant given in accordance therewith shall,
obey the orders or directions given by the officer in upon conviction, be fined not less than five nor more
charge, or who shall resist or impede any officer or than one hundred dollars for each offense. (S24,
fireman in the proper discharge of his duty, shall, Ord. 1480, 4-9-09).
in the absence of a sufficient excuse, be deemed 9 116 R f
guilty of a misdemeanor and upon conviction there- I . - '. e erence to Fire Marshal; reference to
f b fi d. t d' $5000 (l:19 FIre ChIef. That whenever in any ordin,ance here-
0, e ne In any sum no excee Ing .. :; ,
Ord. 1480, 4-9-09). tofore .adopted by the Governing Body of the City
of Salina, Kansas, any reference is made to the
9-112. Property of Fire Department; taking; pen- Fire Marshal or Assistant Fire Marshal such refer-
alty. No person shall wilfully and without proper ence shall be deemed to be and shall refer to the
authority remove, take away, keep or conceal any Chief of the Fire Department and to the Assistant
tool, appliance or other article belonging to any fire Chief of the Fire Department respectively. (S3,
apparatus or fire station, or anything used in any Ord. 3030, 9-15-24).
-
.
ARTICLE 2.......Firemen'sReIid Association.
FIRE DEP ARTMENT.-Relief Association.
.99
Ch. 9, Art. 2
.
9-201. Membership; Officers; Records. The Fire-
men's Relief Association of Salina, Kansas as here-
tofore created and incorporated shall be composed of
all full paid members of the Fire Department of the
City of Salina including the Chief and other officers
of the Fire Department, and the members of such
Fire Department shall continue to be members of
such Association only so long as they remain mem-
bers of said Fire Department and their membership
in said Association shall cease immediately upon the
termination of their employment as members of such
Fire Department. The Chief of the Fire Depart-
ment shall be ex-officio President of the Firemen's
Relief Association and the affairs of said Associa-
tion shall be administered by a Board of Directors
of five members consisting of the President and a
Vice President, a Secretary and two members who
shall be elected by the members of said Association.
Said Association shall by a majority vote of its
members adopt such by-laws, rules and regulations
as it may deem advisable to carry out and promote
the objects of said Association, not inconsistent with
this ordinance or with the laws of the State of Kan-
sas, and said by-laws shall become effective by ap-
proval of the Board of Commissioners. The Secre-
tary of the Association shall keep a complete record
of all of the transactions of the Association, includ-
ing the minutes of all meetings of the Association
and of the Board of Directors and all records of the
Association shall be open and subject to inspection
at all times by the governing body of said city.
(S1, Ord. 4816, 12-27-37).
9-203; Funds of Association,: d All of. the molleys
received by the Firemeri'csRelief. Association from
the sourc€s provid€d for by Artiele 17, Chapter lAO,
General Statutes 1935 and. from any and. all other
sources shall be used and set apart and appropriated
by the governing body of said city solely and entirely
for the object and purposes of said Association as
authorized by said Article 17 and any amendments
thereto and under such provisions as shall be made
by the Board of Commissioners of the City of Salina,
provided that not to exceed 900/0 of all moneys in
such fund at any time may be used in purchasing
and investing in bonds in the City of Salina or
bonds of the United States as provided by law. (S3,
Ord. 4816, 12-27-37).
9-204. Same; Use; When; Loan of Funds; How.
All funds of said Association shall be held in trust
and used as a fund for the relief of any member of
the Fire Department of said city when injured or
physically disabled in or by reason of the discharge
of his duties and for the relief of or the payment
of gratuities to the widow or those dependent upon
any member of such fire department who may be
killed in the discharge of his duties as fireman or
who may die from the effect of injuries so received
or from disease contracted by reason of his duties
as such and for the payment of the necessary fun-
eral expenses of any member of such Fire Depart-
ment, when killed in the discharge of duties as fire-
man or in case of death resulting from the injuries
so received or disease so contracted by reason of his
duties as such or for purchase of life, accident and
health insurance upon the members of such fire de-
9-202. City Treasurer, as treasurer of association. partment and for the purpose of paying a pension
The City Treasurer of the City of Salina shall be to full paid members of the Fire Department who
the Treasurer of said Association and the custodian are unfit for service after having served a period of
of all funds and securities belonging to the Fire- not less than 20 years on the fire department, such
men's Relief Association and shall be liable on his pension not to exceed an amount of one-half of the
official bond for the security of such funds. He monthly salary of such firemen at the date of retire-
shall keep said funds separate and apart from all ment, provided however that such Firemen's Relief
other funds and shall credit such funds from time Association is hereby authorized to loan part or all
to time with moneys for such funds from any of such funds to the city of Salina to be used by such
source and shall payout the same only on warrants city in the improvements of its Fire Department
issued by authority of the Board of Directors of and equipment thereof then the city shall issue to the
said Association, which shall be signed by the Presi- treasurer of such Firemen's Relief Association its
dent and countersigned by the Secretary of the As- warrant therefor, bearing interest payable semi-
sociation and when so signed and countersigned such annually at a rate not to exceed 6% per annum, pro-
funds shall be paid only on the approval of such vided further that no moneys shall be expended as
warrants by the Board of Commissioners of said provided in this section until approved by the Board
city and of the amount and purpose specified there- of Commissioners in the amount and purpose for
in and upon appropriation for such warrant duly which the same is paid and the conditions of the pay-
made by the Board of Commisioners. (S2. Ord. 4816, ment thereof and except upon appropriation there-
12-27-37). I fore made by ordinance. (S4, Ord. 4816, 12-27-37).
.
100
FIRE DEPARTMENT.~Relief Association.
Ch. 9, Art. 2
9-205. Same; Maximum benefits; when and how
paid. No pensions or other benefits shall be paid to
any member of said Association out of the funds of
the Association and no benefits shall accrue to or be
paid to any member of the Association from any in-
surance policy of any kind carried and paid for out
of the funds of said Association which will increase
the pension or benefits of such firemen or to any of
his dependents in excess of the maximum pensions
and benefits provided for by Section 13-758 to 13-767
inclusive, General Statutes of Kansas 1935, as
amended by Chapter 128 of the Laws of 1937, and
any amendments thereto, it being the intention of
this ordinance that the maximum pension and bene-
fits to be paid to any such firemen under any cir-
cumstances shall not exceed the total maximum
provided for in said Act last above referred to and
amendments thereto and that there shall be no du-
plication of such pensions or benefits from the Fire-
men's Pension Fund or Firemen's Relief Fund or
from other sources, and it is further provided that
all insurance policies carried and paid for out of
the funds of the Firemen's Relief Association shall
be made payable to the Firemen's Relief Associa-
tion and/or the City of Salina, Kansas as beneficiar-
ies and that all payments received from any such
policy shall be applied and distributed either to the
Firemen's Relief Association or to the Fire De-
partment Fund of the City of Salina or as the Board
of Commissioners of said city deem just and proper,
and provided further that so long as the salary of
any firemen who is under disability and not on duty
shall be paid by the Fire Department Fund, which
shall in no event exceed 30 days, all benefits from
any health or accident policy covering such firemen
shall be paid into the Fire Department Fund, and
during such time none of the funds of the Firemen's
Relief Association or Firemen's Pension Fund shall
be payable to or on behalf of any such firemen, ex-
cept expense for medicine and physician to the extent
in this ordinance provided for, and when any such
firemen ceases to be paid by the fire department fund
of said city any and all payments which he may be en-
titled to receive by way of pension or other relief
shall be paid to him out of the funds of the Fire-
men's Relief Association or the Firemen's Pension
Fund subject to all the provisions of this and other
ordinances of the City of Salina. (~5, Ord. 4816,
12-27-37).
9-206. Same; When payable; Examinations. No
fireman who is off of active duty by reason of ill-
ness or injury shall be entitled to participate to any
extent or for any purpose in the funds of the Fire-
men's Relief Association, nor shall his salary as
fireman be paid by the city, while he is absent from
duty, unless he is determined to be unfit for duty by
reason of illness or injury by examination by a phy-
sician selected by and paid from the funds of the
Firemen's Relief Association, and provided further
that except for such first examination all bills of
physician incurred by any such fireman for his
treatment, up to $10.00 shall be paid by such fire-
men and the Firemen's Relief Association shall pay
only such amount of any such bill as shall be in ex-
cess of $10.00 and provided further, that a physician
appointed by the Firemen's Relief Association shall
at any time have the privilege of examining any
such fireman to determine his physical condition.
(~6, Ord. 4816, 12-27-37).
9-207. Insurance Policies; Payment of premiums.
That pursuant to the provisions of Section 40-1707
R. S. Supp. 1933, life insurance policies covering the
lives of the regular full paid members of the Salina
Fire Department, now or hereafter employed as such,
shall be purchased and premiums thereon paid from
the funds of the Firemen's Relief Association.
Such policies shall be in the principal sum of $1,000.-
00 each, with endowment at age 65, and with a clause
providing for waiver of premiums in event of dis-
ability occurring prior to the age of 55 (such clause
to apply only to policies written on firemen under
the age of 50 at the time the policy is written and
who are in physical condition acceptable to the com-
pany writing such policy. (~1, Ord. 4599, 1-2-36).
9-208. Same; Beneficiary; Waivers; Retirement
of Firemen; Policy Rights. The F'iremen's Relief
Association shall be the beneficiary in each such life
insurance policy and each such policy shall be de-
posited with the Board of Commissioners and held
by the City Clerk for such Board and shall be so en-
dorsed that the Board of Commissioners shall have
the sole control thereof; Provided, that no such policy
shall be purchased for any fireman, and this ordin-
ance shall not be effective as to any fireman, unless
and until such fireman shall sign a written assign-
ment and waiver substantially as follows:
"ASSIGNMENT AND WAIVER
In consideration of the payment of the premiums
on the within described policy by the Board of Com-
missioners of the City of Salina, Kansas, out of
the funds of the Firemen's Relief Association of
Salina, Kansas, which funds are under the control
and supervision of the Board of Commissioners of
said City, and of the fact that the insured is an em-
ployee of the City of Salina, in whose life the City
of Salina and Firemen's Relief Association each have
.
.
.
Ch. 9, Art. 2
FIRE DEPARTMENT.-Relief Association.
101
insurable interest, the Firemen's Relief Association
of Salina, Kansas, is hereby made the beneficiary of
said policy without the right of revocation or change
by the insured except with the written consent of
the Board of Commisioners of said city expressed
in a Resolution or Ordinance duly adopted by such
Board, and the policy issued on the life of .....___....___.
.......-...., the undersigned, as insured, being Policy No.
h.........., dated ................_... issued by The United Life
lnsurance Company of Kansas, with all of the rights
of the insured provided for therein, is hereby assign-
ed to The City of Salina, Kansas, for the use and
benefit of The Firemen's Relief Association of Salina
Kansas, and the Board of Commissioners of said
city shall have the sole control of said policy and of
all rights thereunder including the right at any time
to surrender the same for the then cash value thereof
without the consent of the insured or the bene-
ficiary or of any other person, and the undersigned
as the insured in such policy does hereby waive all
of his rights under the policy above described in
favor of said The Firemen's Relief Association of
Salina, Kansas. The proceeds of said policy at ma-
turity, either by death or by arrival of insured at
age 65 while said policy is still in force, shall be paid
to The Firemen's Relief Association, of Salina, Kan-
sas, in accordance with the terms and provisions of
said policy contract; Provided however, that if the
undersigned at any time before becoming eligible
for retirement from said fire department according
to law, ceases to be a regular full paid member of
the Salina Fire Department, either voluntarily or
involuntarily, the undersigned may upon payment
to the Firemen's Relief Association of the then cash
or loan value of such policy have the right to such
policy for his own benefit and the right to designate
the beneficiary therein, and for the purpose of bor-
rowing from the company issuing such policy an
amount sufficient to pay such sum to the Firemen's
Relief Association, such association and the Board
of Commissioners may join with the undersigned
in the execution of such instrument as may be re-
quired by such company in order to procure such
loan, and after the payment of such amount to the
Firemen's Relief Association the insured shall there-
after have the sole right to such policy subject only
to such loan. (~2, Ord. 4599, 1-2-36).
9-209. Surrender of Policy. The Board of Com-
missioners shall have the right at any time to sur-
render any such policy, without consent of the insur-
ed therein, to the life insurance company issuing
the same, upon payment of such company to the
Firemen's Relief Association of the then cash sur-
render value thereof as provided for in such policy.
(~3, Ord. 4599, 1-2-36).
9-210. Firemen; Policy rights prior to retirement.
If the insured in any such policy at any time before
becoming eligible for retirement according to law
ceases to be a regular full paid member of the Salina
Fire Department either voluntarily or involuntarily,
such person may upon payment to the Firemen's
Relief Association of the then cash or loan value of
such policy have the right to such policy for his
own benefit and the right to designate the bene-
ficiary therein, and for the purpose of borrowing
from the company issuing such policy an amount
sufficient to pay such sum to the Firemen's Relief
Association, such association and the Board of Com-
missioners shall join in the execution of such in-
strument as may be required by such company in
order to procure such loan, and after the payment
of such amount to the Firemen's Relief Association
the insured shall thereafter have the sole right to
such policy subject to such loan; or in the event of
such termination of service the Board of Commis-
sioners may make such other provisions with refer-
ence to the disposition of such policy as they may
deem proper under the circumstances. (~4, Ord.
4599, 1-2-36).
9-211. Same; Retirement. If any fireman so in-
sured shall become eligible for retirement as pro-
vided by law and shall retire before the maturity of
the policy covering such person, the Board of Com-
missioners may surrender such policy for its then
cash value and place such proceeds in the Firemen's
Relief Fund to be used in payment of such retire-
ment allowance as may be provided by the Firemen's
Relief Association and by the Board of Commission-
ers for such person, or they may make provision for
the payment of a retirement allowance to such per-
son out of other funds of the Firemen's Relief As-
sociation and carry such policy to its maturity at
which time the proceeds of such policy shall be
placed in the Firemen's Relief Fund and used in or
applied to the payment of the retirement allowance
to such person so long as such allowance is payable
or until such proceeds are exhausted by reason of
the payments therefrom. (~5, Ord. 4599, 1-2-36).
9-212. Policy; use of funds on maturity. When
any such insurance policy shall mature either by the
arrival of the insured at the age of 65 or by reason
of death of the insured prior thereto, the proceeds
of such policy shall be placed in the funds of the
Firemen's Relief Association and used for the fol-
lowing purpose:
102
FIRE DEPARTMENT.~Re1ief Association.
Ch. 9, Art. 2
(a) If the insured is still in service as a fireman] paiqmembers of the Salina Fire Department and
such proceeds sh~ll be kept in. the Firemen's Relief. all persons who shall be hereafter employed as such
Fund to be apphed to the retIrement allowance of shaH.make application to The United Life Insur-
such firemen when he becomes eligible for retire- ance .Company of Ka~sas, -for issua~<;e of life insur-
ment. ancepolicies in accordance with -the provisiop-s of
(b) If the insured has become eligible for re- this ordinance, and the first annual premiums due
tirement and has retired, the proceeds shall be used on such policy and all subsequent annual premiums
as provided for in Section 5 of this ordinance. due thereon shall be paid to such company out of
(c) If the insured shall die before reaching the the funds of the Firemen's Relief Association, it
age of 65 (or after 65 while still in active service as being understood and agreed that such Company by
fireman and after the endowment has been paid to issuing the policies herein provided for agrees to ac-
the Firemen's Relief Association,) as a result of ac- cept the present 20 members of the Salina Fire De-
cident or illness incurred in the line of duty, the partment and to issue policies on the lives of such
procoeeds of such policy shall be paid to the widow persons without medical examination or other e'ili-
and/or dependents of such fireman, if any, in lieu dence of insurability except such as has been made
of a similar amount out of the other funds of the (except as to provisions for the waiver of premi~ms
Association, and in such monthly installments or on account of disability, and to issue policies in the
amounts as may be provided by the Board of Corn- same manner on any new regular full paid members
missioners and in addition to such other amounts of said Fire Department as they may be employed
out of such fund as the Association and the Board from time to time, provided that no such new mem-
of Commissioners may deem proper under the cir- bel' shall be hereafter employed until he shall pass
cumstances and considering the then condition of such physical examination or tests as may be pro-
such Firemen's Relief Fund. vided for from time to time by the Board of Commis-
(d) If the insured shall die while a regular sioners and by the medical examiner for such life
member of the Fire Department before reaching the insurance company, and provided further that no
age of 65 (or thereafter while still in active service person shall be hereafter employed as a member
and after the endowment has been paid to the Fire- of the Fire Department who at the time of such
men's Relief Association) as a result of accident or employment is over the age of 40 years. (~7, Ord.
illness not incurred in the line of duty, the proceeds 4599, 1-2-36).
of such policy or such portion thereof as the Board
of Commissioners may deem proper may be paid to 9-214. Definitions. Reference in this ordinance
the widow and/or dependents of the insured, if any, to the Board of Commissioners shall be deemed to
in such monthly installments or payments as the mean the Board of Commissioners (or the regular
Board of Commissioners may deem proper, or the governing body) of the City of Salina, Kansas; ref-
Board of Commissioners may make such other pro- erence to the Firemen's Relief Association, or As-
visions for the disposition of such proceeds as they sociation, shall be deemed to refer to the Firemen's
may deem proper and equitable. Relief Association of Salina, Kansas, a corporation;
reference to the Firemen's Relief Fund shall be
(e) In any event not herein specifically provided
for the Board of Commissioners shall provide for deemed to refer to the fund belonging to the Fire-
such disposition of the proceeds of any such policy men's Relief Association in the hands of the City
Treasurer as ex-officio treasurer of the Firemen's
as they may deem proper and may in any event
Relief Association; reference to members of the
provide that the proceeds of any such policy be . .
1 d. th F' 'R l' f F d t b d Salma FIre Department, and to firemen, shall be
p ace In e Iremen s e Ie un 0 e use
. 'd d b 1 f th f h deemed to refer to and include all regular full paid
In any manner prOVI e y aw or e use 0 sue .
funds. (~7, Ord. 4599, 1-2-36). I fIremen ~f the ~ire Department of the City of Salina,
Kansas, mcludmg the Chief, Assistant Chiefs, Fire
9-213. Membership in Association; Issuance of Inspector, and any other officers now or hereafter
Policies; United Life Insurance Co.; Examination of in service on the Fire Department of the City of
new members; Age limits. The present regular full Salina. (~8, Ord. 4599, 1-2-36).
--
.
Ch. 9, Art. 3
FIRE DEPARTMENT.-Pension Fund.
103
.
ARTICLE 3.-Firemen's Pension Fund.
(See 13-758 G. S. 1935, as Amd.)
9-301. Firemen's Pension Fund; Purpose. Pur-
suant to the provisions of Section 13-758 of the Gen-
eral Statutes of 1935 as amended by Chapter 128
Laws of 1937, there is hereby created a fund to be
known as the "Firemen's Pension Fund" for the
purpose of pensioning firemen and affording relief
to members of the Fire Department of the City of
Salina, Kansas, when sick or who may become dis-
abled in the service or may be retired and for the
relief of the family and other dependents of such
firemen in case of death under such rules and reg-
ulations as may be enacted by the Board of Trustees
of such fund as provided for in this ordinance and
subject to the provisions of law. (!i1, Ord. 4817,
12-27-37) .
9-302. Same; Board of Trustees; City Treasurer
ex-officio, treas. That there is hereby created a
Board to be known as the "Board of Trustees of the
Firemen's Pension Fund", which Board shall con-
sist of the Mayor, Chief of Fire Department, City
Attorney and two delegates at large from the Fire
Department to be selected by the members thereof
and who have been selected by the members of the
Fire Department as follows: One delegate for a
term of one year and one delegate for a term of
two years from the first Monday in December 1937
thereafter on the first Monday in December of each
year there shall be selected a delegate for a term
of two years. The Board shall elect from the mem-
bers a President and Secretary and the City Treas-
urer of said city shall be ex-officio Treasurer of
said Board and shall have charge of the funds and
securities of such fund. (!i2, Ord. 4817, 12-27-37).
9-303. Pension fund kept separate; trustees to
serve without pay; investment of fund. That the
firemen's pension fund shall be kept and preserved
as a separate fund, and no part of the fund shall
be used for any purpose other than the payment
of the amounts to become due as provided for in this
act; and the trustees herein provided shall receive
no compensation for their services. The Board of
Trustees of said fund are authorized and may in-
vest up to seventy-five percent of said funds in
United States government bonds, or in bonds of the
City by which it is created. (!i3, Ord. 4817, 12-27-
37).
9-304. Persons entitled to receive death benefits.
That if any officer or member of the Fire De-
partment while in the performance of his duty be
killed or injured or contracts a disease attributable
.
to such performance so that death results there-
from, the Board of Trustees shall pay monthly to
his widow, or if there be no widow, then to such .of
his children collectively so long as they are.. under
the age of eighteen years, a sum equal to fifty per-
cent of the monthly salary or wages such officer
or member is receiving at the time his illness or
injury occurred. (!i4, Ord. 4817, 12-2.7-37).
9-305. Retirement for permanent injury or dis-
ability or at age limit; payment to widow of de-
ceased fireman. That any member of a fire depart-
ment within the provisions of this act who shall,
while a member of such department and while en-
gaged in the performance of his duties as a fire-
man, be permanently disabled by reason of injuries
or illness resulting from the performance of his
duties as a fireman, and upon a~ examination by a
physician or physicians appointed by the Board of
Trustees and paid by same, be found to be physically
or mentally disabled as a result of such permanent
injury or disability so as to render him unfit for the
performance of his duties as a fireman, shall be
entitled to be retired, and the Board of Trustees
shall thereupon order his retirement and upon be-
ing retired shall be paid out of the firemen's pen-
sion fund of such city, monthly as long as such
disability exists, a sum of one half of the monthly
salary at the date of his permanent injury or dis-
ability, and a physician or physicians appointed by
said Board of Trustees shall have the right to ex-
mine any such retired fireman at any time to deter-
mine his condition, and if it shall be determined upon
such examination that such disability has ceased to
exist, prior to the time that such retired fireman
would otherwise be entitled to retire by reason of
age and service, then the payments of such pension
shall immediately cease. (!i5, Ord. 4817, 12-27-37).
9-306. Retirement; When eligible; amount of
pension. Any officer or member of the fire de-
partment more than fifty years of age, and having
served twenty years, or more in such fire depart-
ment, of which the last two years shall have been
continuous, or has been retired because of disability,
may make application to the Board of Trustees to
be placed on the pension list and, upon such appli-
cation being granted, the Board of Trustees shall
pay monthly to such member so retired a sum equal
to fifty percent of the salary or wages such officer
or member was receiving at the time of his retire-
ment or disability, and in the event of the death of
such officer or member of the fire department,
either while in service or while retired, leaving sur-
viving him a widow, such monthly payment which
104
FIRE DEPARTMENT.-Pension Fund.
Ch. 9, Art. 3
such retired officer or member was receiving or dues. That there shall be levied annually at the
would be entitled to at the time of his death shall time of the levy of other taxes for city purposes,
be paid to her during the remainder of her life in a tax upon all taxable property within the limits
the same manner as it was paid to such deceased of the City of Salina for the purpose of creating a
officer or member of the fire department during his Firemen's Pension Fund as herein provided for a
retirement; PROVIDED, that any widow of any tax of 2/10 of one mill on the dollar, provided that
officer or member of the fire department who shall if at any time that fund shall reach the sum of
become entitled to the pension under the provisions $10,000 no additions tax shall be levied until the
of this act shall be the wife of said pensioner at fund shall drop below that amount and the tax levy
the time he is pensioned, or at the time he is killed herein shall be in addition to all other levies au-
in service, and she shall forfeit all her rights under thorized by law. All money derived from taxes so
this act in case she remarries. U\6, Ord. 4817, 12- levied shall constitute a fund to be known as the
27 -37). "Firemen's Pension Fund" of the City of Salina,
9-307. Pro rata payment where funds deficient. which fund shall be exclusively devoted to and for
That if at any time there shall not be sufficient the purposes herein enumerated, Provided further,
money in the fund created under the provisions of every member of the Fire Department of the City
this act to pay such persons entitled to the benefits of Salina shall be required to pay to the Treasurer
herein provided the full amount per month provided of said Board of Trustees of said fund a member-
for in the said rules and regulations, then an equal I ship ~ee of $5.00 and shall also be required to pay
percentage of such monthly payment shall be paid to saId Treasurer dues of at the rate of 1% of their
to each beneficiary until such fund shall have been monthly wages, which assessment shall be deducted
replenished, so as to warrant the payment in full from and paid in equal monthly installments out
of each of said beneficiaries. (S7, Ord. 4817, 12- of his salary and no member of the Fire Department
27-37). who shall fail to pay such membership fee or such
I dues shall be eligible to participate in or benefit by
9-308. How pensions paid; report by treasurer. the fund hereby created by reason of any illness,
That all persons paid and all moneys drawn from the injury or death occurring while such delinquency ex-
pension fund under the provisions of this act shall ists. (SI0, Ord. 4817, 12-27-37).
be upon warrants signed by the President and Se-
cretary of the Board of Trustees and approved by
and appropriated from such fund by the Board of
Commissioners of the City of Salina and such war-
rants shall designate the name of the person and
the purpose for which payment is made. The treas-
urer of the Board of Trustees shall prepare, annual-
ly, immediately after the first day of January, a
report of the receipts and expenditures for the year
ending December 31 of the previous year, showing
the money on hand, how invested, and all moneys
received and paid out, which report shall be filed
with the City Clerk. (S8, Ord. 4817, 12-27-37).
9-309. Payments inalienable. That all payments
made, or to be made, as provided in this act, shall
be absolutely inalienable by any assignment, sale,
execution or otherwise, and they shall not be subject
to garnishment or attachment. (S9, Ord. 4817, 12-
27-37) .
9-310.
9-311. Participation in other funds forbidden.
No member of the Fire Department nor the widow
or dependents or any beneficiary of any such fire-
man who shall be participating from the Firemen's
Pension Fund hereby created to the maximum ex-
tent provided for herein and in the Act pursuant
to which this ordinance is adopted, shall be entitled
to participate for the same purpose or on the same
grounds or receive benefits from any other pension
or relief fund which is provided for the refief of
firemen and their dependents in the City of Salina,
including the Firemen's Relief Association Fund of
said city, it being the intention of this ordinance to
provide only for the payment of one pension or
total payment of benefits not to exceed those pro-
vided for in this ordinance to any such firemen or
his dependents, and that the total payment of bene-
fits and pension from this and other funds shall
I not exceed the maximum provided for in this 01'-
Tax levy for fund; membership fees and I dinance. (Sl1, Ord. 4817, 12-27-37).
.
Ch. 10, Art. 1
FIRE PREVENTION.-General Regulations.
105
.
CHAPTER lO.-FIRE PREVENTION.
(See 13-441, G. S. 1935)
Article I.-General Regulations.-l0-101 to 10-136.
2.-Gasoline, Oils, etc.-l0-201 to 10-214.
ARTICLE l.-General Regulations.
10-101. Measures for prevention of fires; Inspec-
tion of premises. It shall be the duty of the chief
of the fire department of the City of Salina to adopt
in his discretion, and to enforce all prudent meas-
ures for the prevention of fires in said city, and all
laws or ordinances relating thereto. It shall be the
duty of the chief of the Fire Department, and of any
fireman or member of the fire department appointed
or designated by him for such purpose, to enter into
and examine all dwelling houses and other buildings
and inclosures of every description in the City of
Salina, and they or any of them are hereby author-
ized, at any reasonable hour and whenever said
chief of the fire department or any fireman or mem-
ber of the fire department appointed by the chief
for the purpose may deem it necessary or proper, in
order to ascertain whether any such dwelling houses
or other buildings or inclosures are in a dangerous
condition to enter the same for the purpose of mak-
ing such examination and inspection. For the pur-
pose of carrying out the provisions of this ordin-
ance, the chief of the fire department may desig-
nate or appoint one or more firemen or members
of such fire department as fire inspectors and it
shall be unlawful for the owner, occupant or any
person in charge of any dwelling house or other
building or inclosure in the City of Salina to refuse
to permit the Fire Chief or any F'ire Inspector to
enter any such premises, or in any way to prevent
the chief of the fire department or any such fire
inspector from entering any such premises, in the
City of Salina, for the purpose of examining and
inspecting the same as herein provided. (SI, Ord.
3797, 10-14-29).
10-102. Regulation of storage; keeping combusti-
ble or inflammable material. It shall be unlawful
for any person, firm or corporation, being the own-
er, occupant or in charge of any dwelling house or
building or inclosure in the City of Salina, to keep
or store in, on or about any such premises any com-
bustible or inflammable materials or substances in
such manner or in such quantities or under such
conditions as will, or may in the opinion of the
Chief of the Fire Department or of any such Fire
inspector, be dangerous in causing or producing fires,
or which will, or may in their opinion, increase the
fire hazard or be dangerous to property in the City
of Salina in case of fire in, on or about any such
.
premises, or to keep or store in any such premises
any accumulation of rubbish, paper, boxes or any
other highly inflammable materials or substances
especially liable to cause fire, or which is so situated
as to endanger any property in said city. (S2, Ord.
3797,10-14-29).
]0-103. Removal of Combustible or inflammable
material; misdemeanor. If, upon the inspection of any
dwelling house or building or other inclosure in the
City of Salina, the Chief of the fire department or
any such fire inspector shall find that any such com-
bustible or inflammable materials or substances are
kept or stored in, on or about any such premises
in such manner, or in such quantities or under such
conditions as will, or may in their opinion, be dan-
gerous in causing or producing fires, or which will,
or in their opinion may, increase the fire hazard on
such premises or cause damage to any property in
the City of Salina in the event of a fire on or about
such premises, or shall find any accumulation of
rubbish, paper, boxes or any other inflammable ma-
terials or substances especially liable to fire, and
which is so situated as to endanger any property in
the City of Salina, such fire chief or fire inspector
shall have the power and authority, and it shall be
their duty, to order any such inflammable or com-
bustible materials or substances removed from such
premises, or so cared for and arranged as to remove
the probability of such danger, which orders or di-
rections may be given either orally or in writing,
and any such person, firm or corporation, being the
owner, occupant or in charge of any such premises,
who shall fail, refuse or neglect to comply with any
such orders or directions within a reasonable time
thereafter, not to exceed three days, shall be deemed
guilty of a misdemeanor. (S3, Ord. 3797, 10-14-29).
10-104. Obstructions unlawful. It shall be unlaw.
ful for any person, firm or corporation, being the
owner, occupant or in charge of any premises in the
City of Salina, to place or allow, or cause or permit
to be placed, allowed or maintained, on or about any
fire escapes, stairs, passageways, doors or windows,
on any such premises, any obstruction liable to in-
terfere with the operations of the department or the
egress of occupants in case of a fire in, on, or about
such premises. (!l4, Ord. 3797, 10-14-29).
10-105. Same; Failure to remove; misdemeanor.
If upon inspection of any premises in the City of
Salina, as provided for in this ordinance, the fire
chief or fire inspector shall find any obstructions in,
on or about any fire escapes, passageways, doors or
windows in any such premises, liable to interfere
106
.
FIRE PREVENTION.-General Regulations.
Ch. 10, ArL 1
with the operations of the fire department or the I 10-109. Violation; Penalty. Any person, firm 01'
egress of occupants in case of fire, he shall order corporation who shall violate or cause or permit the
the same to be removed or remedied, and such order violation of any of the provisions of this ordinance
shall forthwith be complied with by the owner, oc- 01' who shall refuse to permit, or in any manner pre-
cupant 01' person in charge of such premises or build- vent, the chief of the fire department or any fire
ings, and any such person, firm or corporation who inspector as provided for herein from entering any
shall fail or refuse to comply with any such orders premises in the City of Salina owned or occupied
or directions within a reasonable time thereafter, not by or in charge of any such person, firm or corpora-
to exceed three days, will be deemed guilty of a tion, for the purpose of making an examination and
misdemeanor. (S5, Ord. 3797, 10-14-29). inspection as herein authorized and provided for, or
who shall fail, neglect or refuse within three days
after the giving of any order or direction which
may be provided for herein to comply with such or-
der or direction, shall upon conviction thereof, of
each offense, be fined not less than $25.00, nor more
than $100.00, or be imprisoned not to exceed thirty
days, or may be punished by both such fine and im-
prisonment for each such offense, and each day
upon which any condition herein prohibited may be
permitted to exist, and each day during which any
such order or direction shall not be complied with
according to the provisions of this ordinance, shall
be deemed to constitute a separate offense. (S9,
Ord. 3797, 10-14-29).
10-106. Service of orders. If any order or direc-
tion provided for herein to be given by the Fire
Chief 01' Fire Inspector shall be given in writing,
such order may be served by delivering a true copy
of the same to such owner or occupant or person
in charge or by leaving such copy at his place of
residence, or in case no person is found on the pre-
mises by affixing a copy thereof in a conspicuous
place on the door or at or near the entrance to such
premises. (S6, Ord. 3797, 10-14-29).
10-107. Orders not waivers or release of liability.
That the giving of any order or direction to any
person, firm or corporation pursuant to any of the
provisions of this ordinance shall not be deemed to
be waiver or release of the liability of any such per-
son, firm or corporation on account of any violation
of any part of this ordinance caused by the exist-
ence of any condition which may be referred to in
any such order, and it is the purpose and intent of
this ordinance that any such person, firm or corpora-
tion may be charged with any violation of this or-
dinance regardless of the giving of any such orders
or directions. (S7, Ord. 3797, 10-14-29).
10-11 O. Litter and trash in street, lots, etc.; re-
move or burn; how burned; violation; penalty. It is
hereby made a misdemeanor for any person to throw
or deposit in an alley or on any lot in the rear of any
business building within the fire limits of the City
of Salina, any paper, shavings, litter, trash, old
boxes or any other combustible or inflammable ma-
terial; or for any owner or occupant of such build-
ing or lot to permit any paper, shavings, litter, trash,
old boxes, or any other combustible or inflammable
material to accumulate or remain in such alley or
10-108. Inspections; Frequency. It shall be the upon such lot for three (3) days after being re-
duty of the Chief of the Fire Department to make quested by the Fire Chief to remove the same; and it
an inspection and examination as provided for in this is hereby made the duty of the Fire Chief and his
ordinance or to cause an inspection and examination assistants to diligently watch and inspect the said
to be made by one of the fire inspectors as provided alleys and lots in the rear of such buildings within
for herein, as often as may be or as he may deem the fire limits and require the owners or occupants
necessary, of all buildings, premises and public thereof to clear away, remove therefrom or burn all
thoroughfares in the City of Salina, for the purpose paper, shavings, litter, trash, old boxes or other com-
of ascertaining and causing to be corrected any con- bustible or inflammable material, and if such owner
dition liable to cause fire, or violations of any of or occupant or occupants of such premises shall de-
the provisions or of the intent of this ordinance or sire to destroy any such paper or shavings or like ma-
of any other ordinance of the City of Salina relat- terial by burning the same, he shall provide him-
ing to or affecting the fire hazard; provided that all self with a fireproof receptacle within which to burn
premises within the fire limits used for business the same, which shall be built of such material and
purposes shall be examined not less than four times in such manner as may be satisfactory to the Fire
a year, and all premises used for business purposes Chief and shall not be located nearer than twenty
outside the fire limits shall be inspected and examin- feet to any wooden building or structure of any
ed not less than twice a year. (S8, Ord. 3797, 10- kind: Any person who shall violate any of the
14-29). I provisions of this section shall, upon conviction, be
.
Ch. 10, Art.. 1
FIRE.PREVENTION .-General Regulations.
107
fined in any sum not less than five nor more than
one hundred dollars. (~10, Ord. 1480, 2-9-09).
.
10-111. .Theatres; regulations. The Fire Chief
shall have full right and authority. to detail and
place on duty, at his discretion, one or two regular
members of his force within any theatre, lyceum,
opera house, public hall or other place of amusement
in the City of Salina, where scenery, drop curtains,
footlights and necessary stage fittings are used, dur-
ing any performance therein, and shall require every
precaution possible to be taken by the owner, man-
ager, lessee, or employees, to prevent fire, and to
guard the public from panic; and all persons shall
comply with any such requirements made as afore-
said, and the Fire Chief,- or his Assistant under his
direction, when in the proper discharge of their du-
ties, shall have the right to enter any such theatre,
lyceum, opera house, public hall or place of amuse-
ment at any and all times. Every such theatre,
lyceum, opera house, public hall or place of amuse-
ment within said City shall be supplied with a suffi-
cient quantity of good, serviceable hose, with con-
nections for the same with the City's water service,
to enable all parts of the stage, scenery or room
or hall to be reached property in case of fire, or,
in lieu of such hose, not less than two chemical hand
fire extinguishers, which shall be kept properly
charged and in good working order at all times, and
in plain view of the audience, and said hose shall be
kept and maintained at all times efficient, and sub-
ject to the approval of the Fire Chief. No camp
stools, loose chairs or other obstructions shall be al-
lowed in any of the aisles or the lobby during any
performance in any such theatre, lyceum, opera
house, public hall or place of amusement in said City
and all proprietors, lessees or managers of such
theatres, lyceums, opera houses, public halls or places
of amusement shall not permit any person or persons
to stand in the aisles, doors or windows of such
places while any performance of any kind is or may
be going on therein. (~11, Ord. 1480,4-9-09).
10-112. Fire Chief examine schools, theatres,
hotels, etc. The Fire Chief shall also adopt in his
discretion such system of examination as he may
deem practicable to the following classes of buildings
already erected or that may hereafter be erected
within the City as shall render the Fire Department
familiar at all times with the manner of construction
and internal arrangement of such buildings, the
modes of egress and ingress and any existing de-
fects, in order that the workings of said Department
may be facilitated in case of fire, to-wit: School
buildings, public halls and theatres, manufacturing
.
.establishments,. hotels,. business .housesand ware-
houses. (~12, Ord. 1480, 4-9-09).
10-113. Chief report. violations and non-compli-
ancewith direCtions.; enforce ordinance. It shaH be
the duty of the Fire Chief to ascertain and report
to the City Council all violations of and non-com-
pliance with his directions, as herein provided, to-
gether with the names of the offenders; he shall
also have charge of and look to the enforcement of
all ordinances of the City relating to fire limits or
fire precautions. (913, Ord. 1480, 4-9-09).
10-114. Vehicles give right of way to Fire Depart-
ment; street cars; Fire Department sound gong.
At every alarm of fire it shall be the duty of the
owners or drivers of all animals, wagons, carriages
or other vehicles in any street, avenue or alley, or
upon any bridge, upon which the Fire Chief, or his
Assistant, is approaching with any vehicle, hose
carriage, hook and ladder truck or other apparatus
belonging to the Fire Department, to immediately
yield the right of way to such officer or apparatus,
or to move in such manner as not to obstruct or
delay them or either of them on their way to such
fire; and all drivers, engineers and conductors of
street or railway cars, when in the vicinity of any
such Fire Department, vehicle or apparatus, when
the same is on its way to or on duty at any fire,
shall so manage and control such car and the motive
power which moves the same as not to obstruct or
delay the Fire Department or any part of it in
the discharge of its duties. The drivers of all Fire
Department vehicles and apparatus when answering
alarms of fire must cause the gongs upon their
apparatus to be sounded upon leaving the station,
and when approaching all cross streets and street
crossings, and continue the same while enroute to
the fire as constantly as the public safety may re-
quire. (~16, Ord. 1480, 4-9-09).
10-115. Fire hydrants; obstructing. No person
shall place or cause to be placed upon or about any
fire hudrant any rubbish, building material, fence
or other obstruction of any character whatsoever in
any manner to obstruct, hinder or impede the Fire
Department in the performance of its duties in case
of a fire in the vicinity of such hydrant; nor shall
any person hitch or cause to be hitched to any fire
hydrant any animal or animals nor fasten to the
same any guy rope or brace, nor back or stand any
wagon, dray or other vehicle against any such hy-
drant. (~17, Ord. 1480, 4-9-09).
10-116. Boiling pitch and tar; bonfires near
buildings; hours; no fires on pavements. No person
shall within the City limits boil any pitch, tar, or
W8
FIRE PREVENTION.-General Regulations.
Ch. 10, Art. 1
other inflammable substance of like nature, unless
the same be done in an open space not less than
twenty-five feet distant from any building or other
property that can be endangered thereby, or within
a building specially designated for such purpose and
at such distance from any other building as the
Fire Chief shall direct; nor shall any person set on
fire within said City Limits any hay, straw, paper,
shavings, rubbish or other combustible material
within twenty-five feet of any building, and then
only between the hours of six o'clock A. M. and one
o'clock P. M.: Provided, that in no case shall any
such material be burned upon any avenue, street or
alley within the City paved with bitulithic or asphalt
pavement or wooden blocks. (@21, Ord. 1480, 4-9-09).
10-117. Violation of Sees. 10-110 to 10-116;
penalty. Any person found guilty of violating any
of the provisions of this ordinance for which no
penalty is hereinbefore named, or who shall refuse
or neglect to comply with the directions of the Fire
Chief or his Assistant given in accordance there-
with shall, upon conviction, be fined not less than
five nor more than one hundred dollars for each
offense. (@24, Ord. 1480, 4-9-09).
10-118. Fires prohibited; certain district. That
it shall be unlawful for any person or persons to
set fire to any rubbish, shavings, hay or straw any-
where b~tween Elm and Walnut Streets and Fifth
and Seventh Streets in the City of Salina. (@1, Ord.
70, 4-25-1872).
10-119. Violation of See. 10-118; penalty. That
any person or persons violating the provisions of
this Ordinance shall upon conviction thereof be pun-
ished by a fine of not less than five nor more than'
twenty-five dollars for each and every offense. (@2,
Ord. 70, 4-25-72).
10-120. Stacking hay in certain district; pro-
hibited. That it shall be unlawful for any person
or persons to stack or other wise expose between
Fourth Street and Ninth Street and between Elm and
Walnut Streets any hay or other unusually combusti-
ble material or to leave the same within said limits
so as if ignited to endanger any building or other
property. (@1, Ord. 205, 7-23-1877).
10-121. Violation of See. 10-120; penalty. That
any person or persons violating any provision of
this ordinance shall upon conviction thereof be fined
by a fine of not less than $5.00 or more than $100.00.
(@2, Ord. 205, 7-23-1877).
10-122. Lighting match in barn, cellar, etc.; pen-
alty. That every person who shall light a pipe or
match in any barn, stable or cellar or any building
containing straw or any combustible material shall
be deemed guilty of a misdemeanor and upon con-
viction be punished by a fine of not exceeding $25.00.
(@26, Ord. 635, 3-7-88).
10-123. Giving false fire alarm; penalty. Every
person who shall maliciously or mischievously give
or sound or cause to be given or sounded any false
alarm of fire within the City shall be deemed guilty
of a misdemeanor and upon conviction thereof before
the Police Judge of this City shall be fined not less
than $25.00 nor more than $100.00. (@27, Ord. 635,
3-7 -88).
10-124. Fire alarm telegraph system; breaking
or cutting connection. It shall be unlawful for any
person or persons whomsoever to break, cut or in-
jure or sever the connection of, loosen or remove
from the fastenings any wire of, and connected with
the fire alarm telegraph system of said City of
Salina, or in any manner, or by any means what-
soever, to obstruct, loosen or hinder the free, full
and perfect use of any such wire, without first ob-
taining a permit in writing so to do from the Super-
intendent of said Fire Alarm Telegraph System and
chen only under such terms and conditions as to
time, manner, place and expenses of repairing and
replacing the same as said Superintendent may im-
pose and subscribe. (@1, Ord. 848, 1-15-94).
-.
10-125. Placing wire within ten inches of fire
alarm telegraph. It shall be unlawful for any per-
son or persons to place any wire so that the same
shall be or become at any point through any cause,
at any time, nearer than ten inches to the wire of
the Fire Alarm Telegraph System. (@2, Ord. 848,
1-15-94).
10-126. Violation of Sees. 10-124 and 10-125; pen-
alty. Any person violating any of the provisions of
this ordinance shall be deemed guilty of a misde-
meanor and upon conviction thereof shall be pun-
ished by a fine of not less than $3.00 or more than
$100.00 for each offense. (@8, Ord. 848, 1-15-94).
10-127. Stacking hay within 500 feet of fire
limits; packing material. No person shall deposit
or stack any hay or straw within five hundred (500)
feet of any building located within the fire limits.
Packing material shall be kept in metal or wood,
metal lined, bins, having self closing or automatic
covers. Refuse from rooms where packing or un-
packing is done shall be removed daily. (@3, Ord.
3076, 2-23-25).
-
.
.
.
Ch. 10, Art. 1
FIRE PREVENTION.-General Regulations.
109
10-128. Storing ashes. It shall be unlawful to
store ashes inside of any non-fireproof building, un-
less they be stored in an incombustible container or
receptable and a clearance of at least five feet shall
be maintained between such containers or receptacles
and any combustible material. Ashes shall not be
stored outside of any building in wooden receptacles
or dumped in contact with or in close proximity to
any combustible material. (94, Ord. 3076, 2-23-25).
10-129. Explosives. It shall be unlawful to store
or keep any explosive, except one pound or less of
gunpowder, in any storeroom, wareroom, building or
on any premises within the City, providing, however,
that not more than five pounds of gunpowder may
be kept in closed metal canisters in a store or ware-
room away from artificial heat or light, and pro-
vided further that not more than fifty pounds of
gunpowder may be kept if in a magazine made of
fire proof material or of wood covered with sheet
iron and mounted on wheels and kept securely
locked except when necessarily opened for use by
authorized persons, and not more than 1,000 blasting
caps in a similar, but separate magazine. Said
magazine shall be conspicuously placarded in red
letters at least four inches high "EXPLOSIVES"
which placard shall be located within the building,
on the floor nearest the street level and within ten
feet of the street entrance. (95, Ord. 3076, 2-23-25).
10-130. Gunpowder; permit. Any person, firm or
corporation who shall store gunpowder shall obtain
a permit from the Chief of the Fire Department,
who shall inspect the place where same is kept, and
the dealer shall fully disclose to said Chief where
same is kept both in the day and night time. (96,
Ord. 3076, 2-23-25).
10-131. Violation of ordinance; penalty. Any
person, firm or corporation violating any of the
provisions of this ordinance shall be fined not less
than $5.00 nor more than $25.00 for each offense
and every day that any of the terms, conditions or
provisions of this ordinance are not complied with
shall be considered a separate offense. (97, Ord.
3076, 2-23-25).
10-132. Storage of Explosives-other than gun-
powder. Permits. It shall be unlawful to store or
keep any dynamite, nitroglycerine, giant powder, or
other explosives other than gunpowder in any store-
room, wareroom, building, or any premises within
the city limits, except by special permit granted by
the Board of Comissioners, which permit shall spe-
cifically state the location at which, and the condi-
tions under which, any such explosive shall be kept
or stored, and which permit shall be revocable at
any time by such Board, and such explosives when
any such permit is granted, shall be kept only in a
building specifically provdied for such purpose, and
which when so used shall be placarded on each side
with red signs on which the words "Danger," "Ex-
plosives," and "Keep Away" in letters at least six
inches high shall be placed and such building shall
not be nearer to any other building or structure than
the distance fixed in such permit, and it shall be
unlawful for any owner or person in charge of such
building to permit any other person, except the duly
authorized employees of such owner or person in
charge, to go nearer to such building, or to smoke,
or to light any match or other fire, or to permit
to be lighted any match or other fire, or to have
any light, fire or any lighted cigar, cigarette or
pipe, or to have or permit any electric wire, electric
light, or other light, or to set off or to cause or
permit to be set off any explosive charge, nearer
to such building than the distance fixed in such
permit; Provided, however, that nothing herein con-
tained shall relieve any such person, firm or cor-
poration from any liability from damage caused by
the keeping or storing of such explosives whether
by virtue of such permit or otherwise, nor shall the
City of Salina be responsible for any damage caused
by the keeping or storing of any such explosives, by
virtue of any such permit. (91, Ord. 3624, 1-3-29).
10-133. Gunpowder regulated. That the keeping
and storage of gunpowder in the City of Salina
shall be regulated in all respects by the provisions
of Sections 5, 6, 7 and 8 or Ordinance No. 3076, as
now in force, being Sections 10-122 to 10-125 inclu-
sive, of Revised Ordinances 1925. (92, Ord. 3624,
1-3-29) .
10-134. Violation; penalty. Any person, firm or
corporation violating any of the provisions of this
ordinance or the provisions or conditions of any
special permit issued as provided for herein, shall
be fined not less than $5.00 nor more than $500.00
for each offense and every day that any of the
terms, conditions or provisions of this ordinance or
any such permit are not complied with or are
violated, shall be considered a separate offense. (93,
Ord. 3624, 1-3-29).
10-135. Use of fumigants; permit required. It
shall be unlawful for any person, firm, or corpora-
tion, being the owner, occupant or in charge of any
premises used for commercial purposes in the City
of Salina, Kansas, to use or allow or cause or permit
to be used on or in any such premises at any time,
any type or kind of poisonous or explosive gas, in-
cluding the use of hydrocyanic acid, chloropierin or
110
FIREPREVENTION.-General Regulations.
-Ch: 10, Art. 1
carbon bisulphide, for fumigation purposes without
special permit from the Chief of the Fire Depart-
ment. Provided, however, that no fumigant composed
in whole or in part of carbon bisulphide gas may
be used within any commercial building. (~1, Ord.
4947, 9-27-39).
10-136. Violation; penalty. That any person,
firm or corporation, or any employee, agent, repre-
sentative or officer thereof, who shall violate the
provisions of this ordinance shall be deemed guilty
of a misdemeanor and shall be fined not less than
$25.00, not more than $100.00 for each offense, and
every day that the conditions or provisions of this
ordinance are not complied with according to the
provisions of this ordinance shall be deemed to con-
stitute a separate offense. (~2, Ord. 4947, 9-27-39).
--
.....
.
.
.
Ch.10~ Art. 2
FIRE PREVEN:.rlON.~GasQline, Oils, Etc.
111
ARTICLE 2..,..,..,Gasoline, Oils, Etc.
(See 13-441, G. S. 1935)
10--201. Tanks within 100 feet of' building; pro-
hibited u,nless according to regulations; exceptions.
That'it shall hereafter be urilawfulfor any person,
company, co-partnership, corporation or association
to own, keep or maintain, either as principal or
agent above ground and within one hundred feet of
any dwelling house or other building within the City
of Salina, any tank of more than one hundred gallun.:>
capacity used for the storage of fuel, oil, crude oil,
petroleuni, gasoline or any other like combustible,
inflammable or dangerous product or material, un-
less such tanks with their appliances and the prem-
ises upon which the same are situated shall be con-
structed and maintained strictly in accordance with
the terms of this ordinance and with the regula-
tions herein provided for; provided, however, that
the provisions of this ordinance shall not apply to
tanks used for the storage of distillate or other
similar fuel oil used for domestic heating, having
a capacity of 2000 gallons or less, where the dis-
tillate or other similar oil stored in such tank is
for the use of heating the building situated on the
premises where such tank is located. (~1, Ord. 2353,
Amd. by ~1, Ord. 3075, 2-23-25).
10-202. Construction of tanks. All such storage
tanks shall be of standard construction throughout
and shall be built of steel of suitable strength and
of not less than three-sixteenths (3/16) of an inch
in thickness. (~2, Ord. 2352, 8-21-1920).
10-203. Venting system of tanks. All such stor-
age tanks shall be equipped with a venting system
consisting of a double screen 50x50 non-corrosive
wire gauze mesh installed and connected in a safe
and workmanlike manner with all joints in such
venting system constructed so as to be air tight and
in such a manner that the only source of air supply
and source for the escape of gases will be through
the wire gauze screens in the venting connections.
The vent pipe of any storage tank having a flat
metal sheeted roof may lead directly through the
roof. thereof which pipe shall be equipped with the
double'.screen wire gauze mesh hereinbefore men-
tioned and shall be made air tight at the point of
entrance by the use of litharge or similarly effec-
tive substance applied after a driving fit has been
made. All vents shall, after their construction, be
painted with a heavy coat of non-corrosive paint.
(~3, Ord. 2352, 8-21-20).
10-204. Roofs of tanks. The roofs of all storage
tanks shall be constructed so as to be air tight and
in such a manner that the only air passages or
passage permitting the escape of gases, shall be
through the venting system. In event any manhole
shall be constructed in the roof of any storage tanil:
such manhole shall be constructed so that it may be
bolted or screwed down and made equally air and
vapor tight with the remainder of said roof and
tank. (~4, Ord. 2352, 8-21-20).
10-205. Measuring openings. The measuring
openings shall be of the plug and socket type fitted
with standard threads and constructed so that all
openings are air and gas tight when the plugs are
screwed firmly into the sockets. Each plug shall be
fastened by chain in close proximity to the socket
with which it is used and shall be kept tightly in
place in its respective socket except when removed
for measuring purposes. (~5, Ord. 2352, 8-21-20).
10-206. Tanks electrically connected with earth.
All tanks and piping shall be brought into solid
permanent electrical connection with the earth for
the purpose of carrying off static and other elec-
trical discharges and in accordance with the regu-
lations of the National Electric Code Standard. All
piping used in connection with the tanks shall be
inter-connected by means of a number 0 0 0 0 flexi-
ble copper conductor in solid electrical and mechani-
cal connection with the piping, and in connection
with a boiler plate not smaller than four (4) square
feet in surface area by one-fourth inch (14 ") in
thickness and buried to the depth of permanent
moisture and in any event not less than four (4) feet
below the surface of the ground. (~6, Ord. 2352,
8-21-20) .
10-207. Retaining wall surrounding tank, capacity.
There shall be constructed so as to completely sur-
round the storage tanks upon any particular prem-
ises, a retaining wall of concrete, brick or masonry
of not less than eight (8") inches in thickness which
wall shall be leak proof and of an interior dimen-
sion sufficient to retain one and one-fourth (114)
of all the contents of the tanks so surrounded when
. filled, that is to say that such wall shall have an
interior retaining area of a sufficient number of
cubic feet to retain the entire capacity of all tanks
so surrounded plus an additional one-fourth (1,4)
thereof. (~7, Ord. 2352, 8-21-20).
10-208. Premises free from inflammable material.
The premises upon which any such tanks are main-
tained shall be kept clean and free of any dangerous
or inflammable waste or rubbish. (~8, Ord. 2352,
8-21-20).
10-209. Violation of Sees. 10-201 to 10-208; penalty.
Any person, company, co-partnership, corporation or
112
FIRE PREVENTION.~Gasoline, Oils, Etc.
Ch. 10, Art. 2
association violatini' any provision of this ordinance
or refusing or nei'lectini' to comply with the require-
ments thereof shall in such case be deemed guilty
of a misdemeanor and upon conviction thereof shall
be fined in a sum not exceeding one hundred
($100.00) dollars, and each day's continuance of any
failure or neglect to comply with any provision of
this ordinance shall be deemed to be a separate and
distinct offense and shall be punished accordingly.
(~9, Ord. 2352, 8-21-20).
10-210. Sale of gasoline to vehicle in street; pro-
hibited; exceptions. That on and after the taking
effect of this ordinance it shall be unlawful for any
person, company or corporation, 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 driven vehicle in or upon any public street,
alley or thoroughfare within the fire limits of the
City of Salina, Kansas, as such fire limits are now
or may be hereafter defined by ordinance any gaso-
line from any tank wagon or similar vehicle wherein
gasoline is transported for sale; Provided, However,
that it is not intended and this ordinance shall not
operate against the sale and delivery of not to exceea
three (3) gallons of gasoline upon the public street"
and thoroughfares within said fire limits and to a
motor driven vehicle in event such vehicle shall be
then incapable of operation because of an actual ana
complete lack of gasoline, provided such emergency
shall actually exist, without intent or purpose of the
driver thereof to evade the provisions of this ordi-
nance; and provided further, that nothing herein con-
tained shall be construed to prohibit the delivery of
gasoline to filling stations, grocery stores and other
and similar places of business within the fire limits
of said city, where gasoline is kept for sale and
disposition, but in all instances where exceptions to
the provisions of this ordinance are permitted such
delivery shall be made in a careful manner with
due regard for the protection and safeguard against
explosion or combustion and with regard to the pro-
tection of property and of travelers or pedestrians
upon the public streets and side-walks of said city.
(~1, Ord. 2800,6-13-23).
10-211. Violation of Sec. 10-210; penalty. That
any person, firm or corporation, or any person who
shall be or act as the agent, representative, mem-
ber, officer or manager of any firm or corporation
who shall violate any of the provisions of Section 1
of this ordinance shall be deemed guilty of a mis-
demeanor and shall, upon conviction, be fined not
less than $10.00 nor more than $100.00 for each
offense. Each separate day's violation of said sec-
tion or any provisions thereof shall be considered a
separate and distinct offense and shall be punished
as such. (~3, Ord. 2800, Amd. ~1, Ord. 3025, 9-8-24).
10-212. Curb filling stations in fire limits, con-
struction prohibited. That on and after the publica-
tion of this ordinance it shall be unlawful for any
person, company or corporation, either as principal
or as the agent or employee of another to construct
or cause to be constructed within the fire limits of
.he City of Salina, as now or hereafter defined by
ordinance, any gasoline filling station or similar ap-
paratus or contrivance located upon a public sidewalk
Jr parking adjacent thereto or upon or adjacent to
.he curb of any public street within such fire limits
.md used for the sale and delivery of gasoline. (~2,
Jrd. 2801, 6-15-23).
10-213. Curb filling stations outside fire limits;
3pecial permits; subject to revocation. That on and
.ifter the publication of this ordinance it shall be
.mlawful for any person, company or corporation,
either as principal or as the agent or employee of
.inother, to build, construct, maintain or operate
lpon any public sidewalk or parking adjacent there-
00 or upon or adjacent to the curb of any public
;treet, outside the fire limits of the City of Salina
Jut within the corporate limits thereof, any gasoline
-'iIling station or similar apparatus used for the sale
and delivery of gasoline without first having made
written application to the Board of Commissioners
Jf said City for permission so to do and without hav-
.ng first received from said Board of Commissioners
a permit for the erection and operation thereof. Such
permits, when granted, shall be received by the ap-
plicant subject to the right of the City of Salina,
through action of its Board of Commissioners to
revoke such permit and to order the discontinuance
and removal of such filling station at any time, and
subject to discontinuance and removal in event the
fire limits of said city shall be extended so as to
embrace the location where any such filling station
may be located. (~3, Ord. 2801, 6-15-23).
-
10-214. Violation of Sees. 10-212 and 10-213;
penalty. That any person, firm or corporation or
any person who shall be or shall act as the agent,
representative, member, officer or manager of any
firm or corporation who shall violate any of the
provisions of Sections 2 and 3 of this ordinance shall
be deemed guilty of a misdemeanor and upon con-
viction shall be fined not less than $10.00 and not
more than $100.00 for each offense. Every day upon
which or during any part of which any violation of
said Sections 2 and 3 shall continue or during which
-
.
Ch. 10, Art. 2
FIRE PREVENTION.-Gasoline, Oils, Etc.
11:;
any curb pump filling stations erected in violation of the City of Salina, shall be deemed and considered
of said Sections 2 and 3 of this ordinance shall be a separate offense and shall be punished as such.
permitted to remain in any street or thorou&,hfare (~5, Ord. 2801, Amd. ~1, Ord. 3026, 9-8-24).
.
.
.
.
.
Ch.U
FIRE LIMITS.
CHAPTER. n.-FIRE LIMITS.
(See 13-442, 13-427, G. S. 1935.)
11.101 Fire limits defined. That all of that por-
tion of the City of Salina, Kansas, comprised within
the following metes and bounds shall be known and
designated as the Fire Limits of the City of Salina;
to-wit:
Commencing at the intersection of the north line
of Mulberry Street with the west line of Fifth
Street, thence north along the west line of Fifth
Street to the north line of Walnut Street, thence
east along the north line of Walnut Street to the
west line of the right-of-way of the Union Pacific
Railroad Company (McPherson Branch) thence north
along the west line of said right-of-way to the north
line of Ash Street, thence east along the north line
of Ash Street to the west line of the alley running
north and south between Second Street and Thira
Street, thence north along the west line of said alley
to the south line of Elm Street, thence west along
the south line of Elm Street to the west line 01
Third Street, thence north along the west line 01
Third Street to the south line of North Street, thence
west along the south line of North Street to the
west line of Fourth Street, thence north along the
west line of Fourth Street to the center of the
main line right-of-way of the Union Pacific Railroad
Company, thence southwesterly along said center
line of the said right-of-way to the intersection 01
said center line with the east line, extended north,
of College Avenue, thence south along said line to
the north-west corner of Lot 41 on Elm Street in
Weaver's Addition, thence east along the north line
of Weaver's Addition to the north-east corner of
Lot 7 on Elm Street in said addition, thence easterly
to the southwest corner of Lot 4 on Twelfth Street
in said addition, thence east to the southeast corner
of Lot 4 on Eleventh Street in said addition, thence
north to the southeast corner of Lot 10 on Eleventh
Street in Weaver's Addition, thence easterly to the
southwest corner of Lot 58 on Eleventh Street in
Bishop's Addition, thence east to the southeast corner
of said Lot 58, thence northeasterly to the south-
west corner of Lot 59 on Eleventh Street in said
addition,' thence east to the southwest corner of
Lot 17 on Ninth Street in said Addition, thence
northeasterly to the southwest corner of Lot 26 on
Ninth Street as shown by the plat of the Original
Town of Salina, thence east to the southeast corner
of said lot, thence east to the southwest corner of
Lot 2 on Eighth Street in Gower and Van Fleet's
Sub-Division, thence east to the southeast corner of
Lot 21 on Seventh Street in said addition, thence
due east to the east line of Seventh Street, thenre
south along the east line of Seventh Street to the
south line of Elm Street, thence west along the south
line of Elm Street to the east line of the alley l'un-
ning north and south between Seventh Street and
Eighth Street, thence south along the east line of
said alley to the south line of Lot 73 on Eighth
Street, thence west along the south line of said lot
to the east line of Eighth Street, thence south along
the east line of Eighth Street to the north line of
Mulberry Street, thence east along the north line of
Mulberry Street to the place of beginning. (Sl, Ord.
3040, 10-27-24).
11-102. Fire Limits Extended. That the fire
limits of the City of Salina as defined in Section 1
of Ordinance No. 3040, being Section 11-101 Revised
Ordinances 1925, be and they are hereby extended
to include all of that part of the City of Salina,
Kansas, lying within the following described boun-
daries, to-wit:
Commencing at the intersection of the center line
of Fifth Street with the center line of the main
line right-of-way of Union Pacific Railroad, thence
north along the center line of Fifth Street to the
center line of Harsh A venue, thence west along the
center line of Harsh A venue to the center line of
the alley which runs north and south between Ninth
Street and Tenth Street, thence south along the
center line of said alley, and said center line ex-
tended south, to the center line of Lincoln Avenue,
thence west along the center line of Lincoln A venue
to the center line of Thirteenth Street, thence south
along the center line of Thirteenth Street to the
center line of North Street, thence west along the
center line of North Street to the center line of
College Street, thence south along the center line
of College Street to the center line of the main line
right-of-way of the Union Pacific Railroad, thence
in an easterly direction along the center line of the
main line right-of-way of the Union Pacific Railroad
to the point of beginning. (SI, Ord. 4579, 10-21-35).
11-103. Buildings, in Fire Limits; construction;
alterations. That all buildings or structures here-
after constructed, erected or altered within the
limits defined by Section 1 of this Ordinance, or
moved into or within such limits, shall be governed
by the provisions of Section 2 of Ordinance No. 3040
being Section 11-102 Revised Ordinances 1925 (See
11-104); provided, however, that the provisioIl€ of
said Section shall not affect any dwelling house
hereafter erected, constructed or altered within such
limits, or moved into or within such limits, if the
location of any such dwelling house on the lot upon
115
116
FIRE LIMITS.
Ch. 11
which it is or is to be situated shall conform to
the requirements of the zoning ordinance of the
City of Salina, then in effect with respect to any
such location, as to set back from the street and
from the side and rear property lines, or to private
garages used or to be used in connection with any
dwelling house on any premises within such limits
where such private garage is designed to accommo-
date not to exceed two cars, and where no part of
any such private garage is closer than five feet
from the side or rear property lines of the lot upon
which it is situated; and provided further that the
Board of Commissioners may, if in their discretion
the circumstances with respect to the location, size,
proposed use, and probable fire hazard justify it,
authorize a reduction in the thickness of outside
walls, or a change in the character of the fire proof
or fire resisting materials, used in the construction
of any commercial building hereafter constructed,
erected or altered within such limits, subject to such
restrictions or requirements as the Board of Com-
missioners may deem necessary under the circum-
stances, which restrictions or requirements shall be
inserted in and become a part of any building permit
issued in connection with the construction, erection
or alteration of any such building. (!i2, Ord. 4579,
10-21-39) .
11-104. Buildings in fire limits; how constructed,
altered, etc. That no buildings shall be constructed,
erected, altered or moved within the fire limits as
defined in Section One (1) hereof, except as pro-
vided in Ordinance Number 2993 of the City of
Salina, Kansas, adopted by the Board of Commis-
sioners of said city on June 2nd, 1924 (see Secs.
5-203 to 5-209), as now in effect or as may be here-
after amended, and except as otherwise in this ordi-
nance provided, or as may be provided in any other
ordinance of the City of Salina, now in effect or
hereafter adopted. (!i2, Ord. 3040, 10-27-24).
11-105. Fire District No. 2 Defined. Section 3.
All of that portion of the fire limits as designated
in Section 1 of Ordinance No. 3040, located within
the following described boundaries shall be known
as District No.2 of the fire limits, such boundaries
being as follows, to-wit:
Commencing at the interection of the west line
of Fourth Street with the north line of Ash Street,
thence north along the west line of Fourth Street
to the south line of Lincoln Avenue, (formerly
Pacific Street); thence west along the south line of
Lincoln Avenue to the west line of the alley run-
ning north and south between Fourth Street and
Fifth Street, thence south along the west line of
said alley to the north line of Ash Street, thence
eu"t along north line of Ash Street to the place
of beginning; also, commencing at the intersection
of the west line of Ninth Street with the center
line of the main line tracks of the Missouri Pacific
Railroad lying immediately north of Bishop Street,
thence north along the east line of Ninth Street
to the intersection of said line with the center of
the main line tracks of Union Pacific Railroad,
thence southwesterly along the center of main line
tracks of said Union Pacific Railroad to the inter-
section of said line with a line running north and
south through the center of what was formerly the
alley between Eleventh and Twelfth Streets in
Blocks 11 and 12 in Depot Addition, thence south
along said line to its intersection with the center
line of the main line tracks of the Missouri Pacific
Railroad, thence east along the center line of said
tracks to the point of beginning. (!i3, Ord. 3040,
10-27-24; Amd. !iI, Ord. 3519,2-26-28).
11-106. Fire Limits, District No.2, Extended.
That the limits of Fire District No. 2 as defined
in Section 1 of ordinance No. 3519, amending Section
3 of Ordinance No. 3040, be and the same are hereby
extended to include the following premises in the
City of Salina, Kansas, to-wit: Commencing at the
intersection of the south line of Ash Street with the
west line of Fourth Street, thence south on the west
line of Fourth Street to the north line of Walnut
Street, thence west to the east line of the alley run-
ning north and south between Fourth Street and
Fifth Street, thence north along the east line of said
alley to the south line of Ash Street, thence east to
place of beginning. (!iI, Ord. 3804, 10-26-29).
11-107. Fire District No.3 defined. All of that
portion of the fire limits as designated in Section
1, hereof within the following described boundaries
shall be knowp. as District Number Three (3) of the
Fire Limits, to-wit:
Commencing at the intersection of the center line
of the Union Pacific Railroad right-of-way with the
east line of the alley, extended north, running north
and south between Phillips Street and Thirteenth
Street, thence southwesterly along said center line
to the east line, extended north, of College Avenue,
thence south along said line to the northwest corner
of Lot 41 on Elm Street in Weaver's Addition, thence
east along the north line of Weaver's Addition to
the northeast corner of Lot 7 on Elm Street in said
addition, thence east to the southwest corner of Lot
4 on Twelfth Street in said addition, thence east to
the southeast corner of Lot 4 on Eleventh Street in
said addition, thence north to the northeast corner
-
.
Ch. 11
FIRE LIMITS.
117
of Lot 9 on Eleventh Street, in said addition, thence
west to the northwest corner of Lot 9 on Twelfth
Street in said addition, thence southwesterly to the
northeast corner of Lot 8 on Twelfth Street in
Weaver's 2nd Addition, thence west to the southwest
corner of Lot 9 on Thirteenth Street in said addi-
tion, thence west to the northeast corner of Lot 8
on Thirteenth Street in said addition, thence west to
the east line of the alley running north and south
between Phillips Street and Thirteenth Street, thence
north along said line to the place of beginning. (~4,
Ord. 3040, 10-27-24).
of buildings which are prohibited by the provisions
of said ordinance within the fire limits of the City
of Salina (see Sec. 5, 204), Kansas shall not apply
to residences or dwellings or other buildings of frame
construction which may be erected, altered, repaired
or moved within the limits of Fire District Number
3 as defined in the preceding section hereof, where
such buildings do not cover a ground area of more
than 2500 square feet and do not exceed two stories
in height or where such buildings do not covel' a
ground area of more than 5000 square feet and do
not exceed one story in height, if all of the exterior
walls of any such building are covered with brick
11-108. Buildings in District No.3. That the pro- veneer not less than 4 inches in thickness or with
visions of Ordinance Number 2993 of the City of lath and stucco and shall have a roof of fire-resist-
Salina, passed and approved by the Board of Com- ing material and construction. (~5, Ord. 3040,
missioners on June 2nd, 1924, relating to the type 110-27-24).
.
.
.
Ch. 13
LEVEES AND DI,KES
119
CHAPTER l3.-LEVEES AND DIKES.
(See 12-635 et seq., G. S. 1935, as Amd.)
13-101. Dike east of Dry Creek in Elm Dale Addi.
tion. The construction and maintenance of a dike,
by the City of Salina with consent of the property
Jwners, along the following course: Beginning at
the south side of State Street, thence directly north
across State Street to the alley between Park No.2
and Block No.5 in Elm Dale Addition to said City,
thence north along the west side of Block 5 to and
across Ash Street, thence north along the west side
of Block 9, in said Elm Dale Addition, thence north-
erly and northwesterly over and across Block No.1
of said Addition to and connecting with and abutting
against the embankment of the Union Pacific Rail-
road Company, authorized by Ord. 1279, Sept 25,
1905.
.
13-102. Dike at crossing of Dry Creek and Mis-
souri Pacific right of way. The Missouri Pacific
Railway Co. grants to the City of Salina the right
to construct and maintain a dike on the north side
of Dry Creek, at the point of the crossing of said
creek through the right of way of the said Railway
Co., the said dike to enter the right of way from the
east and the west, and to connect with the embank-
.
ment of said Railway Co. The construction and main-
tenance of said dike shall be performed in a man-
ner entirely satisfactory to said Railway Co. and un-
der the supervision of its division engineer or other
properly appointed representative; provided that
said dike shall be such a height and width as to con-
form to an unbroken grade along its line of construc-
tion. (Sl, Ord. 1303,4-17-06).
13-103. Missouri Pacific to raise and lengthen
trestle. Said Railway Co. further agrees to lengthen
its trestle over Dry Creek, known as Bridge No.
230, about 84 feet to the south, and to raise said
trestle about 3 feet above its present grade, in order
to provide an increased waterway under said trestle,
and to raise its two trestles located immediately
south of said Bridge No. 230, known as Bridge No. 231
and Bridge No. 231 A, a sufficient amount to make
the top of the rail at said two trestles conform to
an unbroken grade line between the point near the
south end of said Bridge No. 230, raised and ex-
tended as aforesaid, and a point on the present grade
of the track of said Railway about 120 feet south of
said Bridge No. 231 A. (S2, Ord. 1303, 4-17-1906).
NOTE: Dry Creek Dikes. Land for dikes condemned
and dikes constructed under provisions of Resolution
No. 477, 7-27-29, and Ordinance No. 3820, 1-15-30.
.
Ch. 14, Art. 1
LICENSE8.-General.
121
CHAPTER 14.-LICENSES.
(See Sec. 13-911; 13-1905 G. S. 1935.)
Article I.-General Licenses.-14-101 to 14-179.
2.-Carnival and Amusement Companies
and Amusement Parks.-14-201 to
14-209.
3.-Public Dances.-14-301 to 14-310.
4.-Pool and Billiard Halls.-14-401 to
14-414.
5.-Public Vehicles; Licenses in General.
14-501 to 14-515.
6.-Taxi-Cabs.-14-601 to 14-649.
7.-Junk Dealers.-14-701 to 14-712.
8.--Auction Sales.-14-801 to 14-823.
9.-Fireworks.-14-901 to 14-914.
10.-Cereal Malt Beverages.-14-1001 to
14-1020.
11.-Music Machines.-14-1101 to 14-1104.
12.-Loudspeakers.-14-1201 to 14-1204.
(Note: For license for farm products, see 12-1617,
G. S. 1935.
For licenses to ex-soldiers and sailors, see
73-207, G. S. 1935.)
ARTICLE I.-General Licenses.
.
14-101. Licenses; non-assignable; no refund. All
licenses issued from this date are to be non-assign-
able, non-transferable and no refund is to be made
in any case, regardless of the time when such license
has been issued. (~1, Ord. 2640, 3-11-1922).
14-102. Same, words printed on license. All li-
censes issued from this date shall have printed
within said license, or stamped on said license with
a rubber stamp the words, "non-transferable, non-
assignable and no refund". (~2, Ord. 2640, 3-11-
1922).
14-103. License required. No person, firm or cor-
poration, either as principal or agent, shall conduct,
pursue, carryon or operate, in the City of Salina,
any calling, trade, occupation, profession, or busi-
ness hereinafter named without first having ob-
tained a license therefor from the City Clerk and
paying the charge or charges therefor, as herein-
after provided. (~1, Ord. 1668, 11-18-1912).
14-104. Amount of license fees. The license tax
hereby levied under this ordinance shall be in the
following amounts, viz. (~2, Ord. 1668, 11-18-1912):
14-105. (1) Auctioneers. Auctioneers, not includ-
ing the proprietors or managers of auction rooms,
$25.00 per annum. (~2, Ord. 1688).
14-106. (2) Auction rooms. Auction rooms,
$500.00 per annum. (~2, Ord. 1688).
14-107. (3) Auction sales. (See Sees. 14-801 to
14-823).
.
14-108. Auction stands. (See Sees. 14-151 to 14-
155).
14-109. (4) Bowling alleys. Bowling alleys, or
ten-pin alleys, $25.00 per annum. (~2, Ord. 1688).
14-110. (5) Canvassers. Itinerant or transient
canvassers, or book, map or picture agents, $10.00
per week. (~2, Ord. 1688).
14-111. Carnival and amusement companies. (See
Sees. 14-201 to 14-209).
14-112. Circuses, Shows, Etc. (See Sees. 14-201
to 14-209).
14-113. Concerts, Etc. (See Sees. 14-201 to 14-
209).
14-114. (8) Corn doctors. Corn doctors, or chir-
opodists, not residents of Salina, $1.00 per day, $5.00
per week. (~2, Ord. 1688).
14-115. Dances, public. (See Sees. 14-301 to 14-
310).
14-116. (9) Doctors, etc. Itinerant or transient
doctors, dentists, oculists, opticians or surgeons prac-
ticing such profession or occupation, $10.00 per day.
(~2, Ord. 1688).
14-117. (10) Express companies. The sum of
$20.00 per year on the business and occupation of ex-
press companies, corporations or agencies, in receiv-
ing packages in this City from persons in the City
and transmitting the same by express from this
City within this State to persons and places within
the State of Kansas; and receiving in this City
packages by express transmitted within this State
from persons and places in this State to persons
within the City and delivering the same to persons
in this City; excepting the receipt, transmission and
delivery of any such packages to and from any de-
partment agency, or agent of the United States,
and excepting the receipt, transmission and delivery
of any such packages which are interstate commerce;
the business and occupation. of receiving, transmit-
ting and delivering of the packages herein excepted
is not taxed hereby. (~2, Ord. 1688).
14-118. (11) Free lectures, patent medicines, etc.
Free lectures, or entertainments of any kind what-
ever, given on any street, avenue or vacant lot in
the City of Salina, for the purpose of advertising
any goods, wares, merchandise, person, thing or bus-
iness, or the advertisement of patent medicines, pro-
prietory medicines, drugs, nostrums and articles,
where such goods are not sold or offered for sale,
$4.00 per day or $15.00 per week. (~2, Ord. 1688.
See also Sec. 14-146).
122
LlCEN SES.-General.
Ch. 14, Art. 1
14-119. (12) Fortune Tellers. (See Secs. 14-165 to
14-167).
14-120. (13) Gift enterprises. Gift enterprises
of any kind, $25.00 per day. (~2, Ord. 1688).
14-121. (14) Goods on street. Soliciting business
or exhibiting goods, wares and merchandise, or sam-
ples of the same on the streets or adjacent thereto
or in any public place in the City of Salina, or sell-
ing or offering to sell goods in connection with such
exhibition, by any transient or itinerant proprietor,
agent or vendor, $25.00 per week. Ui2, Ord. 1688.
See also Sec. 14-169).
14-122. (15) Peddlers. (See 14-134; 14-174).
14-123. (16) Insurance companies. Insurance
companies, agents or agencies, surety bonding com-
panies, agents or agencies handling and writing in
the City of Salina, any kind or manner of insurance
or surety bonds, $10.00 per annum for each insur-
ance company or bonding company so represented,
excepting, however, that no insurance company or
agent or agencies representing the same, and en-
gaged solely in writing fire, lightning or tornado
insurance either separately or combined, shall be
obliged to pay any license fee whatsoever and pro-
vided further that no insurance company organized
and existing under the laws of the State of Kansas,
and having its principal office or place of business
at the City of Salina therein, shall be obligated to
obtain any license for the transaction of its business
or to pay any licen.se fee in regard to the transaction
thereof. (~2, Ord. 1688, Amd. by ~1, Ord. 2366,
12-24-1920) .
14-124. (17) Itinerant venders, patent medicines,
etc. Itinerant or transient venders of any patent
medicine or proprietory medicine, nostrums, or other
articles, $25.00 per week. Provided that no license
shall be issued to any person to sell or peddle drugs
or medicines within the City until such person shall
have furnished satisfactory proof that he has com-
plied with the pharmacy laws of the State of Kan-
sas. (~2, Ord. 1688. See also Sec. 14-146).
14-125. (18) Lightning rods. Lightning rod
agents, $3.00 per day, $25.00 per month. (@2, Ord.
1688).
14-126. (19) Merry-Go-Rounds, etc. (See 14-201).
14-128. _. (21) Nickelodeons. Rooms and halls used
for nickelodeons and for moving picture - shows, in-
cluding such vaudeville attractions as might be given
as ]}art of any such moving picture show, $30.00
pel: annum; Provided, that the price of admission
charged for any show or exhibition under this sub-
section shall not exceed twenty cents; and .provided
further, that no license shall be issued hereunder for
less than one year. (@2, Ord. 1688, Amd. by ~1, Ord.
17411-5-1914) .
14-129. (22) Opera houses. Opera houses, the-
atres, halls and other rooms and buildings used for
public entertainments for pay, not otherwise enu-
merated or specified in this ordinance, $50.00 per
annum; and no license shall be issued hereunder
for less than one year. (@2, Ord. 1688, Amd. by ~2,
Ord. 1741, 1-5-1914).
14-130. (23) Orders, future delivery. Itinerant
or transient persons soliciting or canvassing for
orders for future delivery of goods, wares, or mer-
chandise by themselves or by others, from stock not
carried in the City of Salina, $25.00 pel' week. (@2,
Ord. 1688).
14-131. (24) Patent rights. Patent right deal-
ers, $25.00 per day. (@2, Ord. 1688).
14-132. (25) Pawnbrokers. Pawnbrokers or
loaners of money on pledged security or property,
$50.00 per annum. (@2, Ord. 1688).
14-133. (26) Peddlers, clothing, etc. Itinerant
or transient peddlers or venders of ready made
clothing, textile fabrics, boots or shoes or home fur-
nishing goods of any kind, $25.00 per week when
sold from a wagon or vehicle of any kind, $3.00 per
day, $15.00 per week when carried by the person
3elling the same. No license shall be issued to any
__me to sell any such articles from a stand upon any
street in the City. (@2, Ord. 1688. See also Sec.
14-146) .
14-134. (27) Peddlers, transient or itinerant.
Transient or itinerant peddlers, hawkers, or venders
of any goods, wares or merchandise, or solicitors 01'
canvassers for the sale of the same, not otherwise
provided for in this ordinance, $25.00 per week.. No
license shall be issued to anyone to sell any such
articles from a stand upon any street in the City.
(@2, Ord. 1688. See also Sec. 14-146).
14-127. (20) Museums. Museums, for the exhibi- 14-135. (28) Penny arcades. Places of amuse-
tion of paintings, works of art, or scientific, literary, ments or exhibitions known as "penny arcades",
or other curiosities, for pay, $2.00 per day, $8.00 per I $35.00 per annum; and no license shall be issued for
week. (~2, Ord. 1688). [less than one year. (@2, Ord. 1688).
-
.
Ch. 14, Art. 1
LICENSE8.-General.
12:3
.
14-136. (29) Photographers. Itinerant or tran-
sient photographers soliciting business or taking
pictures and selling the same in the City, $15.00
per week. (S2, Ord. 1688).
14-137. (30) Street stands. (See 14-169).
14-133. (31) Sidewalk stands. (See 14-169).
14-139. (32) Sales; bankrupt; fire; receivers;
sheriffs, etc. Persons selling or offering for sale
goods, wares or merchandise known as or adver-
tised or designated to be goods, wares or merchan-
dise bought at fire sales, auction sales, manufac-
turer's loss sales, wreckage sales, sheriff's, credi-
tor's, assignee's, consignee's, bankrupt, special bar-
gain or damaged goods' sales, or advertised in any
manner for the purpose of inducing customers or
people to believe that such goods, wares or merchan-
dise will be sold for a price or prices not exceeding
the cost of production, or bankrupt or damaged stock
of goods not otherwise taxed, $25.00 per day, pay-
able in advance. This section shall apply to all
stocks of goods that are not assessed or taxed in
the City of Salina; Provided that this section shall
not apply to goods, wares, or merchandise which are
actually under the control of the sheriff, or an as-
signee or trustee in bankruptcy, or to goods, wares
or merchandise which have been damaged in the
City of Salina, and which are being disposed of in
good faith to close out the same. (S2, Ord. 1688,
11-18-1912).
14-140. (33) Shooting Gallery. (See 14-168).
14-141. (34) Skating rinks. Skating rinks, $50.00
per annum; and no license shall be issued for less
than one year. (S2, Ord. 1688).
14-142. (35) Slot machines. (Sec. 2, Ord. 1688, Re-
pealed by Ord. 3633; Repealed by Ord. 4965).
14-143. (36) Street Parades. All street parades
and all persons walking or driving over the streets
of the City, advertising by means of printed ban-
ners, signs or streamers or by ringing bells, loud
calling or announcements intended to attract the at-
tention of people and for the purpose of advertising
any entertainment not otherwise named in this or-
dinance, $3.00 for each parade or advertising "stunt".
(S2, Ord. 1688. See also Section 14-1, 205).
14-144. (37) Street vender. Any street vender
for articles of merchandise, notions and the like,
not otherwise mentioned in this ordinance, $5.00
per day. (S2, Ord. 1688).
14-145. (38) Summer theatres. (See 14-201).
.
14-146. Street business; regulations. Any busi-
ness which occupies or is carried on in any of the
streets, alleys or public places of the City of Salina
shall, at all times be subject to such regulations as
the Mayor and Council shall from time to time adopt;
and any failure to observe such regulations shall,
without further proceedings or action of any kind
forfeit the license of the person failing to observe
such regulations. (S3, Ord. 1688, 11-18-12).
14-147. Clerk to issue license. Licenses under
this ordinance be issued by the City Clerk, under
the seal of the City, and signed by the Mayor and
Clerk; but no license shall be issued until the person
applying therefor shall produce to and file with the
City Clerk the receipt of the City Treasurer showing
the payment of the amount required by this or-
dinance to be paid for the license applied for by
such person. Provided, that nothing in this ordin-
ance shall require the payment of a license tax by
persons selling hay, grain, fruit, vegetables, milk or
articles of the seller's own raising or production,
or by residents of the City selling articles of their
own manufacture. (S4, Ord. 1688, 11-18-1912).
14-148. Application for licenses. No license shall
issue to carryon any vocation or occupation men-
tioned in this ordinance until the applicant therefor
shall present to the City Clerk, on a blank provided
by the City, a written application signed by the
applicant setting forth: 1. The name and place of
residence of the applicant for license. 2. The char-
acter of the business to be conducted. 3. In what
manner such business is carried on. 4. In what
place the business was last pursued. 5. The time
for which a license is desired. (S5, Ord. 1688, 11-18-
1912).
14-149. Licenses non-assignable, etc.; when ex-
pire. All licenses shall be non-assignable and non-
transferable and shall expire except when issued for
one day, one week, or one month, on the last day of
June or the last day of December of each year. (S6,
Ord. 1688, 11-18-1912).
14-150. Violation; penalty. Any person violating
any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon convic-
tion thereof in the police court shall be fined in any
sum not exceeding one hundred dollars for each
offense, and shall forfeit his license thereby, if he
holds any license. (S7, Ord. 1688, 11-18-1912).
14-151. Auction stand!;>; licenses. That it shall
be unlawful for any person, firm or corporation to
maintain, operate or conduct within the City of
Salina, Kansas, any auction stand without first hav-
124
LICENSES.-Genel'al.
Ch. 14, Art. 1
ing obtained a license so to do, and paying the fel'
therefor as hereinafter set forth. (Sl, Ord. 2226,
12-21-1918) .
14-152. Same; license fees; date of expiration.
The fee for such license shall be the sum of Three
Hundred Dollars, per annum payable in advance and
deposited with the written application; licenses is-
sued under this ordinance shall expire on the last
day of June or December next after the issuance of
the same. (S2, Ord. 2226, 12-21-1918).
14-153. Same; applications. Application for such
license shall be made in writing and filed in the
office of the City Clerk of the City of Salina, and
shall set forth the name of the applicant, the firm
name or style under which such business is to be
conducted, and the location or place within said city
where such business is to be conducted. (S3, Ord.
2226,12-21-1918) .
14-154. Licenses signed; not transferable. All
licenses issued under this ordinance shall be signed
by the Mayor and Clerk of said city and counter-
signed by the Treasurer thereof, and shall in no
event be assigned or transferred. (S4, Ord. 2226,
12-21-1918).
14-155. Violation of Sees. 14-151 to 14-154; penalty.
Any person, firm or corporation violating any of the
terms of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction shall be fined in
any sum not less than Twenty-five Dollars nor more
than One Hundred Dollars for each offense. (S5,
Ord. 2226, 12-21-1918).
14-156. Ice cream cone venders; obtain license;
fees. That every person, firm or corporation which
shall either as principal or agent conduct, operate or
carryon in the City of Salina the business of vend-
ing, hawking or peddling ice cream or ice cream
cones shall first obtain a license therefor from the
City Clerk of the City of Salina and shall pay to
said City Clerk prior to the issuance of said license
the sum of $10.00 for each vehicle used as an an-
nuallicense fee therefor. (Sl, Ord. 2504, 6-10-1922).
14-157. Violation of Sec. 14-156; penalty. Any
person violating any of the provisions of this or-
dinance shall be deemed guilty of a misdemeanor
and upon conviction thereof in the police court shall
be fined in any sum not exceeding $100.00. (S2, Ord.
2504, 6-10-1922).
14-158. Street stands, certain classes prohibited.
That from and after the taking effect of this 01'-
,Hnance no street or sidewalk stand from which is
""It} or offered for sale fruit, vegetables, garden
truck or other similar merchandise, shall be permit-
ted to occupy any street or part thereof within the
City of Salina, Kansas, and it shall be unlawful for
any person owning or in charge of any wagon, cart
or stand to permit the same to stand in or occupy
any street or part thereof within the City of Salina,
Kansas, Provided However, that this ordinance shall
not be construed to prohibit the sale of fruit, veg-
etables, garden truck or other similar merchandise
by any duly licensed vendor or peddler, whenever
such vendor or peddler shall keep the cart, wagon or
other vehicle from which such merchandise is sold
moving, except when engaged in making a sale of
such merchandise and except at such times as such
person may be reasonably required to stop for tem-
porary purposes. (Sl, Ord. 3043, 11-10-1924).
14-159. Clerk not to issue license. That from and
after the taking effect of this ordinance no license
shall be issued by the City Clerk to any person for
the operation of any street or sidewalk stand for
the purpose of permitting any such street or side-
walk stand for sale of merchandise mentioned in
Section 1 hereof, to occupy any street or part there-
of within the City of Salina, Kansas. (S2, Ord. 3043,
11-10-1924) .
14-160. Violation of Sees. 14-158 and 14-159; pen-
alty. That any person violating any of the provi-
sions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
fined in any sum not exceeding $25.00. (S4, Ord.
3043,11-10-1924).
14-161. Sale of Clothing-Retail; license. That
any person engaging temporarily in the business
of selling or offering for sale, at retail, for or on
behalf of himself or for or on behalf of any person,
firm or corporation, men's or women's clothing, wear-
ing apparel, shoes, hats or millinery, from any tem-
porary location, sample room, hotel room, or any
other place in the City of Salina, unless such goods
have been listed for taxation and assessed and taxed
in the City of Salina, shall secure a license for carry-
ing on such business from the City Clerk of the City
of Salina, before commencing to sell, offer for sale,
or display any such goods, and shall pay for such
license at the rate of One Hundred ($100.00) Dollars
per day. (Sl, Ord. 3225, 3-6-26).
14-162. Same; issuance of license. The license
provided for in Section 1 shall be applied for, issued
and governed by and in accordance with the provi-
sions of Sections 14-147, 14-148 and 14-149 of the
Revised Ordinances of Salina, 1925. (S2, Ord. 3225,
3-6-26; See S14-1, 207 to S14-1, 209).
-
.
Ch, 14, Art.. 1
LlCENSES.-General.
14-163. Violation; penalty. Any person who shall
engage in any business mentioned in Section 1 here-
of without first securing a license therein required
and paying the license tax as therein provided for,
or who shall violate any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in any
sum of not less than one hundred dollars and not
more than three hundred dollars, and each days vio-
lation of any of the provisions of this ordinance shall
be deemed a separate offense. (~3, Ord. 3225, 3-
6-26).
.
14-164. Clothes; sale by sample; penalty. That
any person, firm or corporation, either as principal
or agent, who shall engage in the City of Salina in
the occupation or business of taking orders for the
delivery of tailor made or ready made clothing,
from samples displayed in said city, where a deposit
of money is required when the order is taken and
the balance of the price is to be collected when the
merchandise is delivered C. O. D., by the United
States Post Office Department or by any express
company, or otherwise, shall pay a license tax to the
City of Salina of $25.00 per day, and any such per-
son, firm of corporation so engaging in any such
business after the taking effect of this ordinance
without paying such license tax and securing a li-
cense therefor from the City Clerk shall be deemed
guilty of a misdemeanor and on conviction shall be
fined not less than $50.00 nor more than $100.00 for
each offense, and each day on which any such busi-
ness is carried on without a license shall be deemed
a separate offense. (~1, Ord. 3313, 11-24-26).
14-165. Fortune tellers; etc., licenses. That no
person shall in the City of Salina engage in or con-
duct, carryon or pursue the occupation, trade, call-
ing or profession of fortune teller, clairvoyant, mind
reader, phrenologist, palmist, astrologer, or adver-
tise or hold himself out as such, or solicit such busi-
ness for himself or another, or offer to foretell or
predict the happening of future events or tell of past
events by means of phrenology, mind reading, for-
tune telling, palmistry, card reading, clairvoyance,
astrology, or otherwise, for pay, whether as a direct
charge or as a voluntary contribution, without first
securing a license therefor, and paying to the City
Clerk a license or occupation tax therefor in the sum
of $25.00 per day for each day upon which any such
person engages in such business or advertises or
holds himself out as engaging or being ready to en-
gage therein, or solicits such business either for him-
self or another.
.
14-166. Same; license not transferable. Uponap-
plication therefor and payment of the license. or
occupation tax provided for in Section 1 hereof, the
City Clerk shall issue such license, which shall show
the name of the person to whom issued and the lo-
cation at which such business is to be carried on,
and such license shall not be transferable from one
person to another or from one location to another.
14-167. Violation; penalty. Any person who vio-
lates any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and on convic-
tion shall be fined not less than $25.00 nor more
than $100.00 or be imprisoned not to exceed ten days
or both, for each offense. (~1, Ord. 3651, 1-18-29).
14-168. Shooting Gallery. That no person shall
in the City of Salina engage in or conduct, carryon
or pursue the occupation or trade or calling of op-
erating a shooting gallery or maintain or operate in
the City of Salina a shooting gallery without first
securing from the City Clerk a license therefor, pay-
ing a license or occupation tax as follows: $3.00
per day, $25.00 per month or $50.00 per year, provid-
ed that each yearly license issued under the pro-
visions of this ordinance shall expire on the 31st day
of December following the issuing of the same, and
upon the filing of an application therefor and the
payment of the license or occupation tax herein
provided for, the City Clerk shall issue to the appli-
cant a license for such period of time as may be
applied for and paid by such applicant. (~1, Ord.
4075, 6-15-31).
14-169. Street and sidewalk stands prohibited;
exceptions; license. That from and after the taking
effect of this ordinance, it shall be unlawful for any
person, firm, co-partnership or corporation, either
for themselves or for another, to operate or conduct
upon any public street or sidewalk in the City of
Salina any street or sidewalk stand of any kind, from
which is sold or offered for sale any fruit, vegetables,
ice cream, pop corn, drinks, garden truck or any
other goods, wares or merchandise whatsoever, ex-
cept that the owner, lessee, or tenant of any busi-
ness building may operate in connection with the
business conducted by him in such building, a stand
for vending peanuts or pop corn, when the same is
located in front of and adjacent to such building,
and when the same does not extend more than
twenty-five inches in front of the property line of
such building, upon the payment to the City of
Salina, of a license tax for such stand in the sum
of $30.00 for each year or portion thereof and pro-
vided however, that nothing in this ordinance shall
be deemed to permit any owner, lessee or tenant of
125
126
LICENSES.-General.
Ch. 14, Art. 1
any such building to assign to any other person the
right to conduct any such stand in front of such
building, and provided further, that thfiBoard of
Commissioners reserve tht! right to revoke any li-
cense issued hereunder at any time if the same is
in their opinion so maintained as to be a nuisance
to the public, and that any such license may be re-
voked at any time by said Board for any reason
upon refunding to the licensee the pro rata part of
the license fee paid for the unexpired term of the
license. (S1, Ord. 3435, 8-3-37).
14-170. Sales from vehicles. That all ordinances and
parts of ordinances now in effect and authorizing
the issuance of any license by the City Clerk to any
person for operation of any stand of any kind upon
any of the streets or sidewalks of the City of Salina,
except as hereinabove provided for and all ordin-
ances or parts of ordinances in conflict herewith are
hereby repealed, provided however, that nothing
herein contained shall be held to prohibit the sale of
vegetables, fruits or garden truck by a duly licensed
vendor or peddler, or any other person engaged in the
same of any such merchandise who may not be re-
quired to obtain a license, whenever such vendor,
peddler, or other person shall keep the cart, wagon
or other vehicle from which such merchandise is sold,
moving, except when engaged in making a sale of
such merchandise and except at such time as such
person may be reasonably required to stop for tem-
porary purposes. (S2, Ord. 3435, 8-3-37).
14-171. Violation; penalty. That any person, act-
ing for himself or for any other person, firm, co-
partnership or corporation who shall violate any of
the provisions of this ordinance or who shall operate
any stand herein permitted without first securing a
license therefor, shall be deemed guilty of a misde-
meanor and upon conviction shall be fined in any
sum not less than $5.00 nor more than $25.00 for
each offense, and each day's violation of this ordin-
ance shall be deemed a separate offense. (S3, Ord.
3435, 8-3-37).
14-172. Retail and wholesale hucksters; peddlers.
A retail huckster is defined for the purpose of this
ordinance as a person, firm or corporation driving or
going from residence to resid.ence selling at retail
vegetables, fruits or garden truck of any kind which
he has previously bought for the purpose of selling
in such manner.
A wholesale huckster is defined for the purpose
of this ordinance as a person, firm or corporation
that drives or goes from place to place and sells
to merchants, retail hucksters or other persons, at
wholesale, vegetables, fruit or garden truck.
. A peddler is defined for the purpose of this ordin-
ance asa person, firm or corporation that drives or
goes from resi<;lence. to residence or from place to
place selling at retail goods, wares or merchandise
other than vegetables, fruits or garden truck and
who do not come within the provisions of any other
ordinance now in effect, or any solicitor or canvasser
for the sale of the same. (Sl, Ord. 3139, 8-14-25).
14-173. Hucksters; license tax. A license tax shall
be paid by retail and wholesale hucksters selling
fruits, vegetables or garden truck in the city of
Salina, and said license is hereby levied under this
ordinance and shall be in the following amounts, to-
wit:
Retail hucksters selling on foot, with a push cart
or with a one-horse. wagon or vehicle, $1.00 per day
or $20.00 per year.
Retail hucksters selling goods with a two-horse
wagon or vehicle or with a truck or motor driven
vehicle, $2.00 per day or $40.00 per year.
Wholesale hucksters, $25.00 per day or $200.00
per year. No huckster license, except such as shall
be issued for one or more days at the rate per day
above specified shall be issued for less than one
year and such license shall expire on December
31st of each year, except that for licenses issued
after the 1st day of July, one-half the yearly rate
shall be charged for the remainder of such 'year,
provided that this ordinance shall not take effect
as to persons who have secured and paid for licenses
prior to August 3rd, 1925, under the present exist-
ing ordinance until after the expiration of such li-
cense so previously issued. (S2, Ord. 3139, 8-14-25).
14-174. Peddlers; license tax. A license tax shall
be paid by peddlers as in Section one (1) of this
ordinance defined and said license is hereby levied
under this ordinance in the amount of $25.00 per
year and no such license shall be issued except for
one year and such license shall expire on December
31st of each year, except that for license issued after
the 1st day of July, one-half of the yearly rate shall
be charged for the remainder of such year. (S3,
Ord. 3139, 8-14-25).
14-175. License tag or card required. Every per-
son, firm or corporation doing business as a huck-
ster or peddler in the city of Salina shall keep post-
ed in a conspicious place upon his cart, wagon, motor
vehicle or truck a card or tag furnished him by the
City Clerk at the time of the issuance of the license,
which card or tag shall state the date of the expira-
tion of said license. If any huckster or peddler is
selling goods on foot he shall carry such card on
.
Ch. 14, Art. 1
LICENSES.-General.
127
his person at aU times. No huckster license shall
be required of any person selling vegetables, fruits
or garden truck exclusively of his own raising. (~4,
Ord. 3139, 8-14-25).
or and upon conviction shall be fined not less than
$25.00 nor more than $100.00 for each offense and
each days violation of this ordinance shall consti-
tute a separate offense. (~5, Ord. 3139, 8-14-25).
14-176. Violation; penalty. Any person, firm or
corporation or any officer, agent, employee or mem-
ber or any person, firm or corporation violating any
of the provisions of this ordinance or who shall sell
any of the goods, wares or merchandise as a huck-
ster or peddler as defined in this ordinance without
first securing a license and paying therefor as pro-
vided herein shall be deemed guilty of a misdemean-
14-177. Miniature Golf Course. Ord. 3916, 6-30-
30; Rep. by Ord. 4965.
14-178. Transient Hair Dressers. Ord. 3276, 8-12-
26, Rep. by Ord. 4965.
14-179. Gasoline filling stations. Ord. 3492, 12-
29, 27, Rep. by Ord. 4965.
.
.
.
.
.
Ch. 14, Art. 2
LICENSES.-Carnival, etc.
129
ARTICLE 2.-Carnival and Amusement Companies
Circuses, Amusement Parks, Tent Shows.
14-201. Definitions. For the purposes of this or-
dinance, a "circus" shall be deemed to mean that
kind of a show or exhibition ordinarily known and
advertised as a circus, including the exhibition of
wild animals, trained animal acts, and performances
by acrobats, aerial performers, trained animals,
clowns, etc., and including side shows and exhibitions
ordinarily shown in connection with and as a part
of circuses, and the term circus shall also include
menageries, wildwest shows, dog and pony shows
and other similar exhibitions, whether operated 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 of Salina and
the unloading and/or moving of circus equipment,
exhibits and paraphernalia in the city and along or
over the streets thereof, in connection with a circus
which is shown outside of the city.
"Carnivals" shall be deemed to include attrac-
tions or amusements in which merry-go-rounds, fer-
ris-wheels, riding devices and other amusement de-
vices of a similar nature are used and shall also
include, whc;!ther operated in connection therewith
or separately, other forms of amusements or at-
tractions such as side-shows, singing and dancing
acts and other exhibitions, attractions, shows, or de-
vices of various kinds for the amusement of the
public, commonly operated and known as carnivals,
or as parts thereof, whether advertised as such or
otherwise.
"Tent-shows" shall be deemed to include theatri-
cal, dramatic or operatic performances, or enter-
tainments, or concerts, whether operated in a tent
or in the open, or in any temporary or permanent
building or structure unless the same be in a regu-
larly licensed opera house, theatre or motion picture
theatre, provided that this section shall not apply
to entertainments, concerts or musical exhibitions
given by any church, school, lodge or other society
or organization of the City of Salina when the pro-
ceeds 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 corpora-
tion, except in payment of labor actually performed
or for property or materials actually furnished for
use in connection with such performance, concert or
entertainment. (~1, Ord. 4421, 6-11-34).
14-202. Gambling prohibited. It shall be unlaw-
ful for any person, firm or corporation to operate or
conduct or to permit any other person to operate
or conduct, or for any person to have in his posses-
sion, upon the premises occupied by any such cir-
cus, carnival or tent show within the City of Salina,
any gambling device or game of chance. (~2, Ord.
4421, 6-11-34).
14-203. Permits Required. It shall be unlawful
for any person, firm or corporation to operate or con-
duct any such circus, carnival or tent show in the
City of Salina, without fipst having made application
to and securing a permit from the Board of Public
Welfare of the City of Salina, and without first hav-
ing complied with all of the rules and regulations of
such Board of Public Welfare. (~3, Ord. 4421, 6-
11-34) .
14-204. License required. No person, firm or cor-
poration shall engage in, pursue, conduct or carry
on in the City of Salina the calling, trade or occu-
pation of conducting or operating a circus, carnival
or tent show as in this ordinance defined without
first having paid to the City Clerk of the City of
Salina the license tax as herein provided for, and
without first having secured from the City Clerk a
license to conduct or operate the same. (~4, Ord.
4421, 6-11-34).
14-205. Same; application. Before any license
shall be issued, the person, firm or corporation de-
siring to secure the same shall file with the City
Clerk an application in writing setting forth the
nature and character of the circus, carnival or tent
show for which a license is desired, the name of the
owner thereof, the name under which the same is
operated, conducted or shown; the permanent ad-
dress 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 ordinance and of all other or-
dinances of the City of Salina, Kansas, and all reg-
ulations of the Board of Public Welfare relating
thereto, and such application shall be accompanied
by the original or duplicate of the permit issued to
such applicant by the Board of Public Welfare of
the City of Salina. (~5, Ord. 4421, 6-11-34).
14-206. Same; Amounts. A license tax is hereby
levied upon every person, firm or corporation engag-
ing in the pursuit or occupation of operating or con-
ducting any circus, carnival or tent show as herein
defined within the City of Salina, which license tax
shall be paid to the City Clerk at the time the appli-
cation in this ordinance provided for, is filed, in the
following amount, to-wit:
130
LICENSES.-Carnival, etc.
Ch. 14, Art. 2
For every day upon which any circus is operated
within the City of Salina, the sum of $75.00;
For every day upon which any carnival is operated'
within the City of Salina, the sum of $25.00; Pro-
vided, that if only riding devices are operated in
conp.ection with such carnival, the license tax shall
be $10.00 per day;
For every day upon which any tent show is operat-
ed within the City of Salina, the sum of $25.00;
Provided, that the license tax for one or more weeks
shall be $60.00 per week. (~6, Ord. 4421, 6-11-34).
14-207. Same; not transferable. Every license tax
herein provided for shall be paid by the person, firm
or corporation actually operating the circus, carni-
valor tent show to which such license tax is ap-
plicable, and the payment of any other license tax
of any kind paid by any other person shall not be
deemed to cover or take the place of any license tax
provided for by this ordinance, and no license issued
hereunder shall be assignable or transferable. (~7,
Ord. 4421, 6-11-34).
14-208. Lewd, indecent or obscene performances
prohibited. No lewd, indecent or obscene perform-
ance 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 engage in, any such performance
shall be deemed guilty of a violation of the provi-
sions of this ordinance. (~8, Ord. 4421, 6-11-34).
14-209. Violation; penalty. Any person, co-part-
nership or corporation, or any agent, employee, rep-
resentative, member or officer thereof, who shall
violate or cause, permit or direct the violation of
any provision of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction there-
of shall be fined not less than $25.00, nor more than
$160.00, for each offense, and each day upon which
any such violation occurs or continues, shall be deem-
ed to be a separate offense, but nothing herein con-
tained shall be deemed to prevent the prosecution of
any person for the commission of two or more of-
fenses on the same day. (~9, Ord. 4421, 6-11-34).
-,
.
Ch. 14, Art. 3
ARTICLE 3.-Public Dances.
LICENSES.-Public Dances.
131
.
14-301. Public Dances; license required. That it
shall be unlawful for any person, persons, club, so-
ciety, or organization or the members, officers 01'
directors thereof to conduct or operate any public
dance as now or hereafter defined by Ordinance, or
any dance hall or room or other place where public
dancing is permitted, which shall be deemed to in-
clude any restaurant, dining room or other place
where dancing is permitted in connection with the
serving of food or drinks, whether or not any charge
is made for such dancing in addition to the charge
made for food and drinks served in any such place,
which for the purposes of this and other ordinances
of the City of Salina shall be deemed a public dance
hall, without complying with all of the rules, regu-
lations and requirements now or hereafter provided
for by ordinance with respect to public dances, and
with the requirements and provisions provided for
in this ordinance, and without first securing a license
as provided for in this ordinance. (~1, Ord. 4563, 8-
12-35) .
14-302. Same; requirements. That no public
dance hall shall be operated, and no public dance
shall be given, and no public dancing as defined in
Section 1 of this ordinance or as otherwise now or
hereafter provided by ordinance, shall be permitted
in any building which is located within 50 feet of
any dwelling house or other building occupied ex-
clusively for residence purposes,' within the City of
Salina, Kansas, and no license as provided for in this
ordinance, and no permit as now or hereafter pro-
vided for or required by ordinance, shall be issued
for the operation of a public dance hall to any per-
son or persons, club, society or organization, or
the members, officers, or directors thereof, except
in conformity with the provisions and requirements
of this ordinance or any other ordinance now or here-
after in effect. (~2, Ord. 4563, 8-12-35).
14-303. Same; applications; amount of license.
Before any such license is issued, the person or per-
sons, club, society or organization or the members,
officers or directors thereof, applying for the same,
shall file with the City Clerk, an application for such
license which shall state the name of the applicant,
and the location of the place where any such public
dance is to be given or where any such public dance
hall is to be operated, or where any such public
dancing is to be permitted, with such additional de-
tails with respect thereto as may be required by the
City Clerk, and shall pay to the City Clerk a license
tax for the same as follows: For one year, $100.00;
for six months $50.00; for a single day or night
.
$3.00; and in cases where a permit is required by
ordinance from the Board of Public Welfare, shall
exhibit such permit to the City Clerk.. (~3, Ord.
4563, 8-12-35).
. _-:.-;.:<
14-304. Issuance of license; revocation. If, upon
the filing of such application and the payment of
such license fee, it appears to the City Clerk that
under the provisions of this and other ordinances
of said city, the applicant is entitled to a license, the
City Clerk may issue such license to such applicant,
or if the City Clerk is not satisfied from such ap-
plication that the applicant is entitled to a license,
he shall refer such application to the Board of Com-
missioners, who shall either approve or reject such
application. If the application is approved by the
Board of Commissioners, the City Clerk shall issue
'such license, and if the application is rejected no
license shall be issued, and the amount deposited
with the City Clerk as a license fee shall be returned
to the applicant. 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 or any other ordinance of the City of Salina,
or that any public dance or dancing is being con-
ducted contrary to the provisions of this or any other
ordinance of the City of Salina, to revoke any license
issued, whether the same was issued with or without
the approval of the Board of Commissioners. (~4,
Ord. 4563, 8-12-35).
14-305. License not transferable. No license is-
sued under the provisions of this ordinance shall be
in any manner assignable or transferable, and no
such license shall be issued to or permitted to be held
by any person or persons who are not of good moral
character, or for the operation or conduct of any pub-
lic dance or public dance hall or for any public danc-
ing in any place where the ordinance of the City of
Salina or the laws of the State of Kansas are
violated. Each yearly license issued hereunder shall
expire on December 31st following the date of issue
and each six months license shall expire on the 31st
day of July, or on the 31st day of December, follow-
ing the date of such issue. (~5, Ord. 4563, 8-12-35).
14-306. Violations; penalty. Any person who
shall violate or who shall cause, permit or direct the
violation of any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not less than $25.00
nor more than $100.00 for each offense, and each
separate violation and each day upon which any
such violation is caused or permitted to exist, shall
be deemed a separate offense. (~6, Ord. 4563, 8-
12-35).
132
LlCENSES.-Public Dances.
I
Ch. 14, A.rt. 3
14-307. Licenses not assignable. A.lllicenses shall in conducting a public dance on the Sabbath Day
be non-assignable and non-transferable. (~3, Ord. commonly called "Sunday" in the City of Salina.
2414, 11-26-21). (~5,Ord. 2414, 11~26"21).
14-308. Public dance defined. (See Secs. 3-201;
3-202 and 3-203 for definitions.)
14-309. Dance on Sunday; nuisance. It is hereby
declared to be a nuisance for any person, persons,
clubs, societies or organizations to conduct or assist
14-310. Violation of 14-309; penalty. Any person,
persons, clubs, societies or organizations violating
any of the provisions of this ordinance shall upon
conviction thereof be fined in any sum not less than
$25.00 nor more than $100.00 for each offense. (~6,
Ord. 2414, 11-26-21).
.....
.
.
.
Ch. 14, Art. 4
LICENSE8.-Pool and Billiard Halls.
ARTICLE 4.~PooI and Billiard Halls.
14-401. Billiard and Pool Tables; License. It shall
be unlawful for any person or persons to have, keep
or main tam, for hire or profit in any place in the
City of Salina, billiard or pool tables, without first
securing a license therefor as in this ordinance pro-
Vided, and paying a license tax on all such tables
in the following amounts: For each table $7.50 or
fractional part thereof. Such license when issued
shall be for a period of six months, and shall expire
on the last day of June or December next after the
same is issued, and shall be non-assignable and non-
transferable, and shall be issued only to individuals
and not to corporations; provided that the license
tax herein made payable shall be based upon each
and every billiard and/or pool table kept or main-
tained in place of business for which such licenses
is paid unless such table is actually dismantled and
rendered unfit for use as a billiard or pool table."
(!iI, Ord. 3821, 1-4-30; Amd. ~1, Ord. 4496, 1-7-35;
Amd. ~1, Ord. 4925, 1-10-39).
14-402. Same; application. Any person or per-
sons desiring a license under this ordinance shall
make application therefor in writing, over his or
their signature, to the Board of Commissioners.
Such application shall state the number of billiard
and pool tables to be set up, kept and used; the lo-
cation of the room or rooms in which such tables
are to be set up and used and shall contain a certifi-
cate of at least two reputable citizens of said city as
to the good character of the applicant or applicants
and their recommendation that such license be grant-
ed. Such application shall also be accompanied by
a certificate of the Board of Public Welfare of the
City of Salina recommending the granting or re-
jection of the same, and the Board of Commissioners
may grant or refuse such license as in their dis-
cretion they may deem proper. (~2, Ord. 3821, 1-
4-30) .
14-403. Revocation. No surety bond, as hereto-
fore required to be filed before any such license is
issued, shall hereafter be required, but in addition
to the manner, as hereinafter provided for in this
ordinance, in which licenses issued under this ordin-
ance may be revoked, and in addition to the causes
for which any such license may be revoked, any li-
cense at any time issued under the provisions of this
ordinance may at any time be revoked by the Board
of Commissioners of the City of Salina if in the
opinion of the Board of Commissioners any such
licensee conducts or causes or permits the pool or
billiard hall so licensed to be conducted in a dis-
orderly manner, or in violation of any of the pro-
visions or regulations contained in this ordinance,
prOVided, that any such licensee shall be entitled to
a hearing before the Board of Commissioners before
any such lIcense shall be ordered revoked under the
'provisions of this section. (!i3, Ord. 3821, 1-4-30;
.dmd. lil, Ord. 4185, 7-18-32).
14-404. Issue license. If the Board of Commis-
dioners shall deem the applicant to be a fit person
to engage in such business, and shall approve such
dpplicatlOn and the bond submitted therewith, the
01ty Clerk shall upon payment of the license tax
nerein provided for, issue such lIcense. (li4, Ord.
6021, 1-4-30).
14-405. Hours open; Sunday. It shall be unlaw-
iul for any person or persons to keep open or cause
01' permit to be kept open any billiard or pool hall,
oowling alley, or any other place where billiard or
vool tables or other gaming tables or devices are
ri:ept for pay on the first day of the week, commonly
ri:nown as Sunday, or between the hours of 11 p. m.
and 6 a. m., on any day, or permit any game to be
played therein on Sunday or between such hours of
11 p. m. and 6 a. m. on any day. (~5, Ord. 3821,
1-4-30) .
14-406. Age of players. It shall be unlawful for
the owner, manager, keeper or person in charge of
any place described in the preced,ng section hereof
co permit or allow any person under the age of nine-
teen years to play at or take part in any game in
any said place, or to loiter or congregate in or about
any such place. (~6, Ord. 3821, 1-4-30).
14-407. Profane language. It shall be unlawful
for the owner, manager, keeper or person in charge
of any pool or billiard hall to knowingly permit the
use of profane or indecent language or to permit any
riotous or disorderly conduct in such place. (~7, Ord.
3821, 1-4-30).
14-408. Intoxicating liquor. It shall be unlawful
for the owner, manager, keeper or person in charge
of any pool or billiard hall to sell or keep for sale or
free distribution any intoxicating liquors or to permit
any intoxicating liquor to be kept or used in or about
laid premises, or to permit any disorder in or about
3aid premises, or to permit any gambling in or about
said premises. (~8, Ord. 3821, 1-4-30).
14-409. Connecting rooms. It shall be unlawful
for the owner, manager, keeper or person in charge
of any pool or billiard hall to permit such place to
be connected with any other separate room or com-
partment either in the same or any adjoining build-
ing, unless the connecting doorways or passageways
133
134
LICENSES.-Pool and Billiard Halls.
Gh. 14, Art. 4
between such premises and any such room or .com-
partment 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 or compartment either in said room or adjoin-
ing room, except that this section shall not apply
to room designated for and used solely for toilet
purposes. (~9, Ord. 3821, 1-4-30).
14-410. License revokable. Every license granted
under the provisions of this ordinance shall be re-
vokable and cancellable at the pleasure of the Board
of Commissioners of the City of Salina, Kansas, ir-
respective of any other provIsIOn con tamed m this
ordmance for the revocation of any such license,
provided however, that if such revocation or cancel-
lation 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 viola-
tion of this ordinance, 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. (~10, Ord. 3821, 1-4-30).
14-411. Violation; penalty. Any person or per-
sons who shall violate any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined not less
than $10.00 nor more than $100.00 or be imprisoned
not to exceed thirty days or shall be subject to both
such fine and imprisonment, for each offense, and
upon the conviction of any person or persons to WI!
a license as provided for in this ordinance 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 ordinance, or any
employee thereof, of any such violation, or upon the
conviction of any such person of selling or keeping
for sale or free distribution, or of using or permit-
ting the keeping or use of any intoxicating liquors,
or of permitting any gambling in or about said pre-
mises, or upon the conviction of any other person
upon the charge of gambling in or about said pre-
mises, the Board of Commissioners may revoke such
license, and after any such revocation, no license
shall at. any time thereafter be granted or issued
to any such person so convicted, or in whose prem-
ises any such act was committed, and upon any such
conviction, an action shall at once accrue upon the
bond given by any such person or persons, and the
person or persons to whom any such license is issued
shall be deemed responsible for and guilty of any
violation of this ordinance caused or permitted by
any manager, keeper or employee of such pool or
billiard hall. (S11, Ord. 3821, 1-4-30).
14-412. Same; penalty. Any person or persons
who shall keep or maintain any pool or billiard table
required to be licensed by this ordinance, without
first obtaining a license therefor, or who shall keep
or maintain any such pool or billiard table or keep
open any billiard or pool hall after any such license
shall be revoked, shall for each day or part of a
day that any such pool or billiard hall is kept open,
be deemed 'guilty of a misdemeanor and for each
separate offense shall upon conviction be punished
by a fine of not less than $50.00 nor more than
$100.00; or by imprisonment not to exceed thirty
days, or by both such fine and imprisonment; and
provided further that if any bond given under this
ordinance shall be cancelled by the surety, or other-
wise, the operation or use of any pool or billiard
table thereafter and before a new bond is given
shall be deemed an operation thereof without a li-
cense, and any such license shall be deemed null
and void during any period in which no bond as
herein required is in effect. (SI2, Ord. 3821, 1-4-30).
14-413. Number limited. Sec. 13, Ord. 3821, re-
pealed by Ord. 4942, 8-21-39).
-
14-414. Posting copy of ordinance. At least two
copies of this ordinance, and the license issued here-
under, shall be posted in conspicuous places in each
pool or billiard hall licensed under the provisions of
this ordinance, and a failure to keep such copies
and license posted shall be deemed a violation of the
provisions of this ordinance. (SI4, Ord. 3821, 1-4-30).
-
.
.
.
Ch. 14, Art. G
LICENSES.-Public Vehicles; General.
13G
ARTICLE 5.-Public Vehicles; Licenses in General.
(See Article 6.-Taxi Cabs.)
14-501. License required. It shall be unlawful
for any person, firm or corporation to run, use or
drive, upon the public streets and thoroughfares of
the City of Salina, any carriage, hack, cab, coach,
automobile, transfer wagon, express wagon, dray, or
wagon or vehicle of any kind or description used for
the carrying, conveying or transportation of persons,
passengers, baggage, goods, wares or merchandise
within said City for pay, without first having and
procuring a license therefor, as in this ordinance pro-
vided; and it shall be unlawful for any person, firm
or corporation to drive or use any omnibus or other
vehicle in the transportation of passengers to and
from any hotel and railroad depot and station, or
run the same over any established line or route of
travel in the City, whether such omnibus or other
vehicle be propelled by horse or other locomotive
power and whether pay is charged or not for riding
in the same, without first having a permit therefor,
as herein provided; Provided, the provisions of this
ordinance shall not apply to vehicles kept and used
solely in the prosecution of the ordinary livery busi-
ness, or to merchants using their own wagons or
vehicles for the delivery of goods sold by them in
the ordinary course of their business in said City.
(~1, Ord. 1552,4-18-1910).
14-502. Driver's license. (See 14-(il3).
14-503. Clerk to issue license. The license pro-
vided for in this ordinance shall be issued by the
City Clerk, and shall be signed by the Mayor and
Clerk and countersigned by the City Treasurer, with
the corporate seal of the City prefixed thereto, and
shall recite the number of the license, the name of
the person to whom issued, the amount paid for such
license, a description of the vehicle licensed and the
character of the business in which it is to engage;
but no license shall be issued until the person apply-
ing therefor shall produce to and file with the Clerk
the receipt of the City Treasurer showing the pay-
ment of the amount required by this ordinance to be
paid for any such license. (~3, Ord. 1552, Amd. by
~2, Ord. No. 1616, 7-17-1911).
14-504. Rates charged for licenses. The amounts
to be paid for a license under Ordinance Number
1552, passed and approved April 18th, 1910, shall be
as follows, to-wit: (a) For any automobile, hack
or motor propelled vehicle, with a seating capacity
of more than five persons, used for the transporta-
tion of passengers for hire within the City of Salina,
$30.00 per annum, or major portion thereof, for each
such vehicle, provided that any person licensing
more than two such vehicles, owned by him, under
this sub-section, shall pay at the rate of $25.00 per
annum for each such vehicle over and above two
such vehicles.
(b) For any automobile, hack or motor propelled
vehicle, with a seating capacity of five persons or
less, used for the transportation of passengers for
hire in the City of Salina, Kansas, $25.00 per annum
or major portion thereof; provided that any such
person licensing more than two such vehicles, owned
by him, under this sub-section shall pay at the rate
of $20.00 per annum for each such vehicle over and
above two such vehicles.
(c) For any cab, hack, carriage or vehicle drawn
by horse or horses, used for the transportation of
passengers for hire within the City of Salina, $15.00
per annum, or major portion thereof; provided, that
any person licensing more than two such vehicles
under this sub-section, owned by him, shall pay at
the rate of $10.00 per annum for each such vehicle
over and above two such vehicles.
(d) For any motor propelled vehicle used in the
City of Salina in the business of transporting for
hire therein any goods, wares, merchandise, baggage,
parcels, furniture or other thing or property of any
kind or nature whatsoever, $15.00 per annum, or
major or portion thereof, for each such vehicle, pro-
vided that any person licensing more than two such
vehicles under this sub-section owned and operated
by him shall pay at the rate of $10.00 per annum
for each such vehicle over and above two such
vehicles.
(e) For any dray wagon, transfer wagon or other
vehicle drawn by horse or horses used in the City
of Salina in the business of transporting therein for
hire any goods, wares, merchandise, baggage, parcels
or other thing or property of any kind or nature
whatsoever, $7.50 per annum, or major portion
thereof, for each such vehicle; provided that any
person licensing more than two such vehicles under
this sub-section, owned and operated by him, shall
pay at the rate of $5.00 per annum for each such
vehicle over and above two such vehicles. (~4, Ord.
1552, Amd. by ~1, Ord. 1665, Amd. by ~1, Ord. 1911,
Amd. by ~1, Ord. 2499, 5-15-1922).
14-505. Term of license. No license shall be is-
sued under this ordinance for a less sum than the
respective annual rates specified in Section Four
hereof, and every such license, when issued, shall be
good for one year, or the major portion thereof, ex-
piring for any such year, or portion thereof, on the
last day of June or the last day of December next
136
LICENSES.-Public Vehicles; General.
Ch. 14, Art. 5
I
after the date of the issuance of any sllchlicense.' which shall be fastened securely in some conspicuous
All such licenses shall be' non~assignable, but the place on the outside of the front or right side of the
same may be revoked by the Mayor and Council vehicle for which such license charge was paid. (~1,
upon the conviction of the-licensees of having vio- Ord. 3088;3-2-25).
lated any of the provisions of this ordinance. No
license shall be granted to any person under eighteen
years of age. (~4, Ord.1552, Amd. by ~3, Ord. 1616,
7-7-1911).
14-506. Articles left in vehicle. Whenever any
package or article of baggage, or goods or merchan-
dise of any kind shall be left by the owner in or on
any licensed vehicle, or when such package or article
shall be left in the custody of the driver or chauffeur
of any such vehicle, such driver or chauffeur shall,
upon the discovery of such package or article, forth-
with deliver the same at police headquarters, unless
such package or' article shall be sooner delivered to
the owner thereof. (~11, Ord. 1552, 4-18-1910).
14-507. Misinforming persons. No owner, driver
or chauffeur of any licensed vehicle shall induce any
person to employ him by either knowingly, wantonly
or carelessly misinforming or misleading such per-
son, either as to his identy or as to the time of the
arrival or departure of any railroad train, or the
location of any railroad depot, office, station, hotel,
public place or private residence within said city;
and any person violating any of the provisions of
this section shall be deemed guilty of a misdemeanor
and upon conviction fined in any sum not exceeding
ten dollars. (~13, Ord. 1552, 4-18-1910).
14-508. Penalty; violation of Sees. 14-501 to 14-
507. 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; and any person who shall drive, propel or run
any of the vehicles named in this ordinance used for
the carriage of passengers or goods or merchandise
for pay without first procuring a license therefor,
as in this ordinance provided, or who shall violate
any of the provisions of this ordinance for which a
penalty is not hereinbefore prescribed, shall be
deemed guilty of a misdemeanor and upon conviction
thereof fined in any sum not exceeding one hundred
dollars for each offense. (~17, Ord. 1552,4-18-1910).
14-509. Metal license plates to be furnished. That
whenever under any ordinance of the City of Salina,
Kansas, a license charge is required to be paid by
the person owning or operating any vehicle for hire,
including taxi-cabs, busses, drays, transfer wagons,
trucks and other similar vehicles, the City Clerk shall
upon payment of any such license charge furnish
to the person paying the same a metal license plate,
14-510. License plate displayed. It shall be un-
lawful for any person, firm or corporation to own
or to operate on the streets of Salina any vehicle
for which a license charge is required by the ordi-
nances of the City of Salina without displaying
thereon in the manner provided in Section 1 of this
ordinance the metal license plate mentioned in such
section. (92, Ord. 3088, 3-2-25).
14-511. Changing license plate from one vehicle
to another; license revoked. It shall be unlawful for
any person, firm or corporation to display on any
vehicle any license plate issued by the City Clerk
upon the payment of the license charge for any other
vehicle. If any such license plate issued for one
vehicle is used upon any other vehicle, the license
covering the vehicle for which such license plate was
issued shall be revoked and no license shall there-
after during the same year be issued for such vehi-
cle, and it shall be unlawful to drive or operate any
such vehicle on the streets of Salina, Kansas, for
hire after any such license is revoked and before a
new license is issued therefor. (~3, Ord. 3088,
3-2-25) .
....
14-512. Violation of Sections 14-509 to 14-511;
penalty. In addition to any other penalty herein
provided any person, firm or corporation who shall
violate any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon convic-
tion thereof shall be fined in any sum not less than
$10.00 nor more than $50.00 f~r each offense. (~4,
Ord. 3088, 3-2-25).
14-513. Use of streets for transportation pur-
poses; regulations. It shall be unlawful for any
person, co-partnership or member thereof, or corpo-
ration, either as principal, agent, employee or other-
wise, to use the streets of the City of Salina for
the transportation of passengers in busses or other
similar vehicles or to engage in the business of
transporting passengers in such a manner, where
such passengers are transported from one place to
another within the City of Salina or where the major
portion of the route or routes of any such bus line
or lines lies within the City of Salina and where
su~h bus line or lines are operated along a regular
route or routes or in such manner as not to come
within the definition of taxicabs as defined by ordi-
nances of said city relating to taxicabs, unless such
person, co-partnership, or corporation shall have a
-.
.
Ch. 14, Art. 5
LICENSES.-Public Vehicles; General.
137
franchise granted by the governing body of the City
of Salina to use the streets of the City of Salina
for such purpose. (~1, Ord. 4505, 1-29-35).
14-514. Same; violation; penalty. Any person,
co-partnership or member thereof, or corporation,
who shall, either as principal, agent, employee or
otherwise, violate any of the provisions of this ordi-
nance shall be deemed guilty of a misdemeanor and
for each offense shall be punished by a fine of $50.00
and each day upon which any such violation shall
occur or shall continue shall be deemed to be a
separate offense, and the operation of each separate
vehicle by any person, co-partnership or corporation
either as principal, agent, employee or otherwise in
violation of the provisions of this ordinance shall be
deemed to be a separate offense. (~2, Ord. 4505,
1-29-35) .
14-515. Same; injunction. In addition to the en-
forcement of this ordinance by the arrest of any
person, co-partnership or corporation either as prin-
cipal, agent, employee or otherwise, it shall be the
duty of the proper officials of the City of Salina
to cause any violation or continued violation of the
provisions of this ordinance to be restrained or en-
joined by appropriate proceedings in any court of
competent jurisdiction. (~3, Ord. 4505, 1-29-35).
.
.
.
Ch. 14, Art. 6
LICENSES.-Taxi-cab,,; Ordinance.
139
ARTICLE 6.-Taxi-cabs.
(Published in the Book 01 Revised UrdinanL:es, 11:1J9)
.
ORDINANCE NO. 4952
An Ordinance relating to and regulaLlllg LaXI-L:abs
and the conveyanL:e OJ: pa8sengers lor hIre in the
City of Salina; fixing fares anl! raLes then,-,-or; pro-
vIdmg for the hcen811lg of taxi-cabs and the drivers
thereof and the use 01 taxi-meters; establishmg the
rules and r~gulations tor the operaLlOn there01;
maklllg provlsl~ns for the carrying 01 liability in-
surance; provldlllg penalties 101' the viOlation 01 this
ordinance and repealing ordinances numbers 2946
passed March 3, 1924; 3306 passed .November 1
1926; 4625 passed March 23, 1936; 4633 passed
April 20, 1936, a~d 47?>7 passed October 11, 1937,
and all other ordlllances or parts 01 ordinances in
conflict herewith.
Be It Ordained by the Board of Commissioners 01
the City of Salina, Kansas:
14-601. Section 1. Definitions. Whenever used
in this ordinance the following terms shall be re-
spectively defined as follows: (a) The word "street"
shall mean and include every public street, alley,
avenue, road, highway, thoroughfare or public place
in the City of Salina. (b) The word "taxi-cab" as
used herein shall include every and all motor vehicles
carrying passengers for hire for which a charge
is made and for which public patronage is solicited,
provided however, that motor busses operating
under a franchise from the city or operating under
authority and jurisdiction of the State Corporation
Commission shall not be termed taxi-cabs within
the meaning hereof. (c) "Person" and/or "Per-
sons" shall mean and include any person, firm, asso-
ciation, co-partnership or corporation. (d) Taxi-
meter: A mechanical device affixed to taxi-cabs
and designated 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. (e)
Use of any word in the singular shall include plural,
and use of plural shall include singular.
14-602. Section 2. License Required: No person,
either acting as owner, principal, agent, employee,
lessee, or licensee shall operate or permit to be
operated upon the streets of the City of Salina any
taxi-cab without first having procured a license
therefor as hereinafter provided.
14-603. Section 3. Application; Title Certificate:
Any person desiring to secure a license for the
operation of a taxi-cab within the City of Salina
shall file with the City Clerk a written application
containing the following information: (a) the full
name and address of the owner and operator, (b)
.
make, motor and type of vehicle, (c) seating capa-
City (including driver), (d) motor and serial number
and state license number of vehicle, (e) principal
place of business, office address and name, and
night and day telephone numbers, of the manager
in charge of operation of such taxi-cab, and if the
owner or operator is a corporation, the name of
officers and directors of such corporation and if a
partnership, the name of all the partners, (f) name
of insurance carrier carrying the liability insurance
on such taxi-cabs as required in this ordinance and
[he number and date of issuance and date of ex-
piration of such policy, and such other information,
statements and agreements as may be required, on
a printed form furnished by the City Clerk for such
purpose. The application shall be accompanied by
the title certificate issued by the State of Kansas
showing ownership of such vehicle, which certificate
shall be left with the City Clerk while any license
is,'iued on such application is in effect.
14-604. Section 4. Conditions of License; Trans-
fer: Any license for the operation for a taxi-cab
shall apply to and cover only the specific vehicle
described in the application therefor until on appli-
cation duly made by the same owner and operator
the right to transfer such license to another vehicle
is granted by the Board of Commissioners. Every
application shall be signed by the owner of the
vehicle described in the application and by any other
person in any manner interested in the direction,
operation or 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. No
license issued for the operation of any taxi-cab shall
be assigned or transferred to any other person as
owner or operator except upon application for such
transfer made to and granted by the Board of Com-
missioners, and it shall be unlawful for any person
to use, drive or operate either as owner, operator
or driver, any taxi-cab within the City of Salina
which shall not have been duly licensed, or which
is not being operated by the owner and/or operator
to whom the license for such vehicle was issued
or on which any license has been cancelled, or which
has ceased to be operated by the owner or operator
named in the license or in the duly approved trans-
fer thereof.
lei-605. Section 5. License Approved by Board
of Commissioners: The applicant for any such li-
cense 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 ordinance and
140
LICENSES.-Taxi-cabs; Ordinance.
Ch. 14, Art. 6
the City Clerk shall thereupon after inspection and
approval of such vehicle by the license inspector
as provided for in this ordinance, present such ap-
plication to the Board of Commissioners at the next
regular meeting of such Board. The Board of Com-
missioners shall if they consider that the public
convenience and necessity require the licensing of
such taxi-cab, in addition to any other taxi-cabs
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 taxi-cab for which a license is desired
properly and for the best interests of the public and
that they will conform to and obey the ordinances
of the city relative to the operation of taxi-cabs and
all other ordinances of said city, grant a license to
such applicant covering the taxi-cab described in his
application and direct the City Clerk to issue such
license; Provided, however, that the Board of Com-
missioners shall not approve or have in effect at
anyone time licenses for taxi-cabs in a number in
excess of the number which the Board of Commis-
sioners may deem necessary for the best interests
and convenience of the inhabitants of the City of
Salina or the general public, or in such number that
the owners and operators of the licensed taxi-cabs
and their employees might in the opinion of the
Board of Commissioners be apt to engage in prac-
tices which would be detrimental to the best inter-
ests 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 taxi-cabs
licensed to operate in the City of Salina beyond the
number necessary for the best interests and con-
venience of the inhabitants of said city and the gen-
eral public, or if for any other reason they deem
that the granting of such license would be detri-
mental to the public interest.
14-606. Section 6. Insurance Required. It shall
be unlawful to operate a taxi-cab for hire or to
permit the same to be operated in the City of Salina
and no license for the operation thereof shall be
granted by the Board of Commissioners of said city
until the applicant for a license shall deposit with
the City Clerk a policy of liability insurance issued
to and covering such applicant and the taxi-cab de-
scribed in his application, in such form as shall be
acceptable to and approved by the Board of Com-
missioners, and issued by an insurance company or
association approved by said Board and in such
amount as said Board may deem sufficient to ade-
quately protect the interests 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 prop-
erty resulting from the negligent operation of such
taxi-cab, and shall make such additional arrange-
ments for the protection of the public supplementing
such insurance policy as the Board of Commissioners
shall require and approve. Any such insurance
policy shall have incorporated therein, or attached
thereto by endorsement thereon, recitals to the ef-
fect that the policy is issued in accordance with
and under the requirements of the ordinances of
the City of Salina pertaining thereto and that it
is issued for the benefit of and for the purpose
of protecting the public, including passengers there-
in, against injuries or damages resulting from the
negligent operation of said taxi-cab and that it
shall remain effective until cancelled as herein pro-
vided for, irrespective of any statements, declara-
tions, misrepresentatives, acts or omissions of the
assured or of any agent, servant, employee or repre-
sentative 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
any such vehicle, and shall provide that no can-
cellation of the policy or any endorsement thereon
shall be effective until the expiration of ten days
after notice of such cancellation shall have been
delivered to the City Clerk, and such other recitals
as may be approved by and required by the Board
of Commissioners, and any policy or certificate of
insurance issued by any company or association with
knowledge that the vehicle described therein is to
be used as a taxi-cab in the City of Salina shall
be deemed to include the provisions of this ordinance
whether such provisions are specifically recited
therein or not.
-
14-607. Section 7. Inspection of Taxi-cabs; Main-
tenance; Suspension by Inspector: When an applica-
tion for a taxi-cab license or for the transfer of a
license from one vehicle to another is filed with
the City Clerk he shall refer the same to the City
License Inspector (and until otherwise provided by
ordinance the City Building Inspector shall be ex-
officio License Inspector) and it shall be the duty
of such inspector to examine such vehicle as to
its physical and mechanical condition, including its
brakes, lights, and other equipment and its regis-
tering meter, if any, and to certify to the 'Board
of Commissioners his approval or rejection of such
taxi-cab, and no application for license shall be ap-
......
.
Ch. 14, Art. 6
LICENSES.-Taxi-cabs; Ordinance.
141
.
proved by the Board of Commissioners and no li-
cense shall be issued by the City Clerk until the
condition of such vehicle has been approved and
certified by the license inspector. The decision of
the license inspector with reference to such condi-
tion shall be final and conclusive, except that the
Board of Commissioners may if they deem it propel'
and necessary, direct the issuing of license for any
taxi-cab which may be rejected by the inspector
and the Board may also at any time inquire with
reference to the condition of any taxi-cabs and may
at any time revoke the license of such taxi-cab if
in the opinion of such Board its physical and me-
chanical condition renders it unfit for use as a taxi-
cab. In addition to the inspection required for the
issuing a license, it shall be the duty of the license
inspector to make an examination of each taxi-cab
at least once each three months from the date of
the original inspection, or oftener if necessary, as
to its physical and mechanical condition and the
license inspector is hereby empowered to suspend
the license of such taxi-cab until the owner or oper-
ator of such taxi-cab shall have repaired the same
or restored such taxi-cab to such physical and
mechanical condition as shall meet the approval of
the license inspector, and it shall be the duty of
the license inspector upon the suspension of any
such taxi-cab license by him to report such suspen-
sion to the office of the City Clerk and to the Chief
of Police and no owner, operator, or driver of any
taxi-cab, the license for which has been so suspended
by the license inspector, shall allow or permit such
taxi-cab be used until the same shall be re-inspected
and approved by the license inspector.
14-608. Section 8. Fees for Inspection. Before
exammmg and certifying the condition of any taxi-
cab the applicant for a license or any licensee whose
vehicle is to be inspected shall pay the license in-
spector an inspection fee of $1.00 for each vehicle
inspected by him which shall be paid by him into
the City Treasury and no license shall be issued or
transferred from one vehicle to another, until such
inspection fee is paid, or if inspection is required of
a vehicle already licensed, such license shall be re-
voked upon the failure of the licensee to pay such
fee.
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 taxi-cab which shall con-
tain the name of the licensee including both owner
and operator and a description of the vehicle licensed
and before any such license is delivered to the li-
censee it shall be endorsed thereon in the presence
of the City Clerk the signature of owner and oper-
ator named in such license. The City Clerk shall
keep a register of all such licenses issued by him
showing the name of the owner and operator to
whom the license is issued, the description of the
vehicle including motor and serial number, the name
of any person to whom any assignment and transfer
of any license or of any licensed vehicle is made,
the date when issued or transferred, the amount
paid for such license, the date of its expiration, the
name of the insurance carrier with the number and
date of expiration.
14-610. Section 10. License Fees; Revocation;
Age of Licensee: The amounts to be paid for a
license under the provisions of this ordinance shall
be as follows: For each vehicle with a seating
capacity of more than five persons $30.00 per annum
or major portion thereof and for each vehicle with
a seating capacity of five persons or less, $25.00 per
annum or major portion thereof. Every license so
issued shall expire on the 31st day of December
of the year in which such license was issued. If
any such license is issued on or after July first of
any year the license fee for the remaining portion
of such year shall be one-half of the annual rate
hereinabove fixed. No license so issued shall be as-
signable except as provided for in this ordinance and
the same may be revoked by the Board of Com-
missioners upon the conviction of the licensee of
having violated any of the provisions of this ordi-
nance and said Board may also revoke such license
for any cause which the Board may deem constitutes
reasonable grounds for such revocation, and also and
in such manner and for such causes as are other-
wise in this ordinance provided for. No such license
shall be granted to any person under twenty-one
years of age.
14-611. Section 11. Maintenance of Taxi-cabs: It
14-609. Section 9. Clerk to Issue License; Signa- shall be unlawful for any person either as owner,
tures; Register. After the application for any taxi- operator or driver to drive, operate or use on the
cab license has been filed with the City Clerk and streets of Salina any taxi-cab which is not in good
the condition of the vehicle described therein pro- sound, safe and fit condition mechanically and other-
vided by the license inspector and the insurance wise, including brakes, lights and other equipment,
covering such vehicle approved by the Board of or which is in any manner defective, unsafe or unfit
Commissioners and after the license fee provided for use.
.
142
LICENSES.-'1'axi-cabs; U'rdrnalic"e.
Ch. 14, Arl. 6
14-612. Section 12. . License; Posting; Inspection;
Identification. The licens# issued by the City Clerk
for the operation of any taxi-cab and . also the
drivers license issued by the .City to the. driver
thereof, or identification cards issued by the City
Clerk as provided for in this ordinance, shall at all
times, while the taxi-cab is being used or main-
tained or offered for use for hire to the public, be
kept in a conspicuous place in the taxi-cab itself,
and shall be subject to inspection at any time by
any officer of the City of Salina. The owner and
driver thereof shall also upon demand furnish to
the officer inspecting the taxi-cab his signature
made in the presence of such officer for the purpose
of identification.
14-613. Section 13. Drivers License; Application.
It shall be unlawful for any person to act as a driver
of a taxi-cab or livery car without having first se-
cured a license to be issued by the City Clerk of
the City of Salina, as herein provided. Such license
shall be applied for in writing on such forms as
the City Clerk may prescribe, and such application
shall include:
(a) The name, age, sex, weight, height, color of
eyes, and hair of applicant, his residence address
and length of residence in the City of Salina.
(b) Whether or not the applicant has heretofore
been licensed as a chauffeur or taxi-cab driver, and
if so, when and by what city or state, and whether
such license has been revoked or suspended, and if
so, the date of such revocation and suspension.
(c) The number of times and places arrested,
and! or convicted for traffic violations.
(d) The experience the applicant has had in driv-
ing motor vehicles.
(e) The name of the person by whom the appli-
cant is employed and name and address of employer
during the preceding two years and kind of employ-
ment.
(f) Whether or not the applicant has ever been
convicted of a felony or misdemeanor, giving parti-
culars of each such conviction.
(g) Each applicant shall furnish four recent
photographs of himself, not less than 2112" by 3"
and not more than 2112" by 314", and submit to
finger prints by the Police Department. One of
said photographs shall be attached to the copy of
the application filed in the Police Department, one
shall be attached to the application filed with the
City Clerk, one shall be attached to the license issued
to such driver and one to the identification card
hereinafter provided' for, which, shall .be conspicu-
ously displayed in any; taxi~cab .be.ingdriv~nby such
person.
. (h) A statement that the applicant is in good
health.
(i) The applicant must name three (3) reputable
persons' who have known him for one year or more
immediately prior to such application. Such persons
given as reference must be residents of the City
of Salina, Kansas. 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 recommenda-
tion on both copies, one of which shall be returned
by him to the City Clerk and one retained in the
files of the Police Department, together with the
finger prints of the applicant.
Each application shall be accompanied by the pay-
ment of an examination and license fee of One Dol-
lar ($1.00) and in the event the applicant is refused
a license, such fee shall be retained by the City of
Salina.
14-614. Section 14. Same; Investigation of Ap-
plicant by Police; Moral and Physical Requirements.
Every applicant must be at least twenty-one (21)
years of age and have resided in the City of Salina
for at least one year next preceding the filing of
such application. Before a license is issued the
Chief of Police shall cause an investigation to be
made of the facts set forth in the application and
of the record of such applicant in the Police Court
of Salina and the District Court of Saline County,
Kansas, and any other Courts in which he may have
reason to believe the applicant has a record, and
shall report to the Board of Commissioners all in-
formation secured from such information relative to
the applicant's record in any court, and 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
convicted of a felony in any other state or has been
convicted of violating any of the ordinances of the
City of Salina involving moral turpitude. Provided,
however, that the Chief of Police may in any case
where more than three years has elapsed since any
such person has been convicted of any offense herein
described, and where he believes the general repu-
tation and integrity and responsibility of the appli-
cant during such time is such that such applicant
would at the time of the application be a fit person
for such occupation, he may recommend to the
Board of Commissioners of the City of Salina, that
a license be granted. The Chief of Police shall also
.....
.
Ch. 14, Ad. G
LICENSES.-Taxi-cabs; Ordinance.
143
.
cause such applicant for a driver's license to be
examined as to his knowledge of the provisions of
the ordinances of the City of Salina relating to
traffic, as well as geography of the city, and if
the applicant fails to show a reasonable knowledge
of such matters, he shall be refused a license. Each
applicant must, if required by the police department,
demonstrate his skill and ability to safely handle
an automobile by driving it through a crowded sec-
tion of the city, accompanied by a member of the
police department. If the applicant is found to be
a fit and proper person to operate and drive a taxi-
cab, by the Chief of Police, he may recommend to
the Board of Commissioners of the City of Salina
that a license be granted. The Board shall then con-
sider the application and the report and recommen-
dation of. the Chief of Police and any other informa-
tion which may come to the Board concerning the
applicant, and if the Board is satisfied that the gen-
eral reputation for integrity and responsibility of
the applicant is such as to render such applicant fit
for such occupation it may approve the application
and direct the City Clerk to issue such applicant a
license. No license shall be issued to any persons
who from general physical appearance or for any
other reason is not in the opinion of the Board of
Commissioners morally and physically fit to drive
or operate a taxi-cab or livery car in the City of
Salina, or to any person whose general reputation
for integrity and responsibility, or whose previous
record as a law violator or otherwise is such as to
render the applicant unfit for such occupation in
the opinion of the Board.
14-615. Section 15. Same; Expiration; Renewal.
All drivers licenses shall expire on the 31st 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 One Dollar ($1.00), if such re-
newal application is filed on or before December
20th of the year in which an existing license expires,
and in such event, no new license application shall
be required. However, before any renewal license
is issued, the applicant must secure the approval of
the Chief of Police in the same manner and upon
the requirements as are provided for in Section 14-
(14-614) hereof, and new photographs shall be fur-
nished, if in the opinion of the Chief of Police, they
are necessary for proper identification. No refund
shall be made for any reason whatsoever, and no
license shall be prorated..
14-616. Section 16. Drivers Identification Card.
At the time the drivers license is issued a drivers
.
license identification card shall also be issued. Said
card shall be of a form prescribed by the City Olerk,
and shall contain the picture of the driver affixed
in such a manner that another picture cannot be
substituted therefor without detection. The drivers
license number, card number, and the expiration date
of said license shall also be shown thereon. Said
card shall have space on the reverse side for enter-
ing violations and fines.
14-617. Section 17. Display of Identification Card.
The drivers license identification card shall be con-
spicuously displayed in such a manner that the en~
tire card is visible from the rear seat of the auto-
mobile which the driver is operating, and the only
driver's license identification card displayed shall be
the one belonging to the driver who is on duty at
that time. Said card shall be enclosed in a frame,
with glass or other transparent front, so that the
same shall be clearly discernable to and can be read
by the passenger in the rear seat. No drivers li-
cense shall be transferable. No driver shall operate
a taxi-cab and livery car unless he shall have his
identification card so displayed. The driver shall
be responsible for keeping said card in a good con-
dition and it shall be unlawful to have a torn or
illegible card.
14-618. Section 18. Identification Card; Duplicate.
In case of a loss of a license identification card the
owner may file with the City Clerk a sworn state-
ment of the facts concerning such loss, and if the
City Clerk is satisfied that the facts justify the
issuance of a replacement card, he shall on the pay-
ment of a fee of fifty cents (50c) issue a duplicate
card. Such duplicate card shall be plainly marked
"duplicate" and the number of the original card
shall be furnished to the Police Department, as well
as the number of the duplicate card.
14-619. Section 19. Revocation; Suspension of
Drivers License. A drivers license shall be revoked
by the Chief of Police for any of the following
reasons:
(a) Upon conviction of violation of any Federal
or State Law.
(b) For operating any vehicle while drunk.
(c) For leaving the scene of an accident.
(d) For failure to make full report of an accident
to the Police Department.
(e) For permitting any other person to use his
license.
(f) For obliterating or erasing any official entry
on his license identification card.
(g) Upon conviction of a third major traffic vio-
lation during anyone license year (A major traffic
violation is hereby defined to be: (1) speeding,
(2) reckless driving, (3) non-observance of lights
144
LICENSES.-Taxi-cabs; Ordinance.
Ch. 14, Art. G
or signs, (4) driving while drunk, (5) improper
brakes, (6) making a left or U-turn where not per-
mitted, (7) driving on the wrong side of the stre~t).
A drivers license may be suspended by the Chief
of Police for a period of not to exceed ninety (90)
days for any of the following reasons:
(a) First and second offenses of any major traffic
violation.
(b) Repeated infractions of minor traffic laws
or rules.
Whenever a drivers license is revoked or sus-
pended, the Chief of Police shall take up the drivers
license and license identification card and forward
same to the City Clerk together with a full report
of the reasons for such revocation or suspension.
No person whose license has been revoked shall be
eligible to receive a new license until one year from
the date of such revocation.
In case of the revocation or suspension of the
license the driver shall have the right to appeal to
the Board of Commissioners of the City of Salina,
by notifying the City Clerk of his intention to ap-
peal within three days, and thereafter presenting
the matter at the next regular meeting of the Board
of Commissioners, but any revocation or suspension
shall remain in effect until such appeal is heard and
until such revocation or suspension is rescinded or
set aside by such Board. Upon the hearing of any
appeal from an order of suspension, or on consider-
ation of any report of suspension made by the Chief
of Police, the Board may revoke any such license.
14-620. Section 20. Specifications for Taxi-cabs.
No taxi-cab shall be licensed unless it shall have
the following equipment and comply with the fol-
lowing specifications and requirements: (a) Posting
Cards: Every taxi-cab 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 ordinance and the laws of
the State of Kansas. Such card shall be so placed
that they can be plainly seen by the passengers rid-
ing in such taxi-cab. 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 within certain locations, bounded by
streets, as is hereinafter provided for, it shall so
state, and shall state the rate to be charged for the
carrying of passengers through each district. The
type used for the printing of said names and the
rates of fare shall be of sufficient size and shall be
so illuminated at night, that it can be clearly read
at a distance of three (3) feet. (b) Knobs or Handle
of Doors: Every taxi-cab shall have a knob 01'
handle upon the inside of all doors thereof by which
said doors may be easily opened from the inside.
(c) Name and Number on Outside of Cab: Every
taxi-cab that is authorized and licensed to operate
in the City of Salina shall be assigned a number by
the City Clerk of said city, and it shall be unlawful
to operate a taxi-cab within the City of Salina un-
less said number is printed on a door on each side,
on the windshield, and on the rear of the said taxi-
cab, in plainly visible numerals at least three (3)
inches in height. Each taxi-cab shall have painted
thereon on each side the name or names of the per-
sons or company owning and operating the same;
the letters constituting said names shall be block
letters and at least two (2) inches in height.
14-621. Section 21. Appointment of Manager:
Two or more owners or operators of taxi-cabs asso-
ciated together in any partnership, association, or
joint enterprise or doing business under a joint or
common name a.r from the same office or headquar-
ters and every corporation owning and/or operating
taxi-cabs within the City of Salina shall within fif-
teen days from the effective date of this ordinance
elect or appoint some one individual as manager of
such partnership, association, joint enterprise or cor-
poration who shall be responsible for the operation
of all taxi-cabs and automobiles for hire of such
partnership, association, joint enterprise or corpora-
tion in said city. The name of such manager of
each partnership, association, joint enterprise or
corporation operating taxi-cabs or automobiles for
hire upon the streets of the City of Salina shall be
immediately reported to the City Clerk and to the
Chief of Police. No such partnership, association,
joint enterprise or corporation shall hereafter oper-
ate, or be licensed to operate any taxi-cab or auto-
mobile for hire upon the streets of the City of Salina
without first having placed on file with the City
Clerk and the Chief of Police the name of such
manager.
14-622. Section 22. Taxi-cab Stands: That no
taxi-cab licensed to operate in the City of Salina
shall be permitted to stand when unemployed at any
place on the public streets of said city except at such
places as may be designated for such purpose from
time to time by the Board of Commissioners of said
city and allotted by the Board of Commissioners to
the owner or operators of any such licensed taxi-
cabs, such space to be so "allotted only in such loca-
tion as the Board of Commissioners may deem to be
for the public interest and convenience; Provided,
.
Ch. 14, Art. G
L1CENSES.-Taxi-cabsj Ordinance.
that 6pace for not to exceed oJle taxi-cab may be
allotted in front of or adjacent to the main entrance
of each hotel in the city, and in front of each ground
floor place of business actually used and maintained
by any owner or operator as a taxi-cab office. No
such space shall be allotted to the owner or oper-
ator of any taxi-cabs by the Board of Commissioners
in that portion of any street in front of or adjacent
to any private property unless the owner and the
ground floor lessee of such private property shall
join the owner or operator of such taxi-cabs in an
application for the allotment of such space; pro-
vided that the joining of such owner and lessee of
the property with the owner or operator of any such
taxi-cabs shall not in itself require the granting of
such application, and provided further that no space
for any taxi-cab stand shall be designated or lo-
cated on Santa Fe Avenue between Elm Street and
Mulberry Street or on Iron Avenue between Fourth
Street and Eighth Street, and any space allotted in
any street may be by the Board of Commissioners
vacated and restored to the use of the general public
at any time, on notice to the owner or operator of
any such taxi-cab.
.
14-623. Section 23. Same. Marking of Stands:
Taxi-cab stands so authorized or designated may be
marked by the owner or operator of the taxi-cabs
entitled to use such space, at the expense of such
owner or operator, and in a manner to be approved
by the Chief of Police, and when so marked shall
be reserved to the use of the person, firm or cor-
poration entitled thereto, and no other person, firm
or corporation shall make use thereof.
14-624. Section 24. Same. Two or more owners
or operators of taxi-cabs associated together in any
partnership or joint enterprise or doing business
under a joint or common name or from the same
offices or headquarters shall for the purposes of
this ordinance be deemed and considered to be a
single firm or owner.
14-625. Section 25. Cruising Prohibited: No
owner, operator or driver of any taxi-cab shall
solicit passengers on or adjacent to the streets of
the City of Salina or cruise on or over the streets
of said city for the purpose of looking for or solicit-
ing passengers or pick up any passenger on or adja-
cent to the streets of said city except in response
to a call from such passenger to the place of busi-
ness or the station of such taxi-cab, unless such pas-
senger shall hail such taxi-cab and specifically re-
quest its services without solicitation from the
driver thereof.
.
14-626. Section 26. Stands; Parking, other than
authorized, prohibited: No owner, operator or drivel'
of any taxi-cab shall stand or park such taxi-cab
at any place on any street in the City of Salina for
the purpose of soliciting or taking on any passen-
gers except at a regular station or stand provided
for such purpose in the manner authorized by ordi-
nance.
14-627. Section 27. Maintaining telephones on
public streets, prohibited: No uwner, operator or
driver of any taxi-cab shall maintain at any place
within the limits of any public street in the City
of Salina any telephone for the purpose of placing
or receiving taxi-cab calls.
14-628. Section 28. Taxi-cab Rates: That the
mllllmum rates of fare for the transportation of
passengers in any taxi-cab licensed by the City of
Salina shall be as follows:
Zone One shall consist of the City of Salina except
that part lying east of Delaware Street and north
of Euclid Avenue and the fare from any point in
Zone One, to any other point in Zone One shall be
10 cents for each passenger, except that from the
Union Station to any point in Zone One the rate
of fare shall be 15c for each passenger.
Zone Two shall consist of that part of the City of
Salina lying east of Delaware Street and west of
Marymount Road and the rate of fare from or to
any point in Zone Two, to or from any other point
in the city, shall be 15c for one passenger and 5c
for each additional passenger.
Zone Three shall consist of that part of the City
of Salina lying east of Marymount Road and the
rate of fare from or to any point in Zone Three, to
or from any other point in the city, shall be 20c
for one passenger and 5c for each additional pas-
senger.
Zone Four shall consist of that part of the City
of Salina lying north of Euclid Avenue and the rate
of fare from or to a point in Zone Four, to or from
any other point in the city, shall be 15c for one
passenger and 5c for each additional passenger.
Zone Five shall consist of all territory lying east
of Ohio Street and north of the Smoky Hill River,
and extending to the east and north boundaries of
Cloverleaf Addition, and the rate of fare from or
to in any point in Zone Five, to or from any point
in the City of Salina, shall be 20c for one or two
passengers and 10c for each additional passenger.
14-629. Section 29. Extra Passengers: It shall
be unlawful for the driver of any taxi-cab to take
145
146
LICENSES.--,-Taxi-cabs; Ordinance.
Ch. 14, Art. 6
on any additional passeng~r when such ta~i-cab is
alreadY occupied by one or. more passengers, with.
out first requesting and securing the permission of
the passenger or PassengerS first occupying thecab,
and the passenger or passengers first oc.cupying the
cab shall be delivered. to his or their destination
first by the shortest possible direct route, unless the
driver shall request and secure his or their permis-
sion to first deliver the later passenger.
14-630. Section 30. Seating Capacity: It shall
be unlawful for the owner, operator or driver of any
taxi-cab 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
not more than one passenger shall be carried in
the front seat of such cab.
14-631. Section 31. Posting and Filing Schedule;
Change of Rates: Within ten days from the time
this ordinance takes effect, it shall be the duty of
the owner and operator of every taxi-cab operated
in the City of Salina to file with the City Clerk a
schedule of rates which will be charged for carry-
ing passengers in such cab, and to post in every
such cab, in a conspicuous place therein and in con-
formity with Section 20 (14-620) of this ordinance,
and within the vision of any passenger therein a
card or sign, printed in letters sufficiently large to
be read at any time by any passenger in such cab,
setting out the rate of fare, which shall be the same
as that filed with the City Clerk; the regulations
provided for in Sections 28, 29 and 30 (14-628 to
14-630) of this ordinance, such information to be
printed on such card or sign in substantially the
following form:
Rate of Fare
No additional passenger can be taken into this cab
unless the driver first asks and receives consent of
passenger already occupying cab.
First passenger in cab must be delivered first by
shortest direct route unless driver asks and secures
his consent to deliver other passengers first.
Not more than 4 passengers can be carried in this
cab at one time.
No rate of fare for any cab shall be changed until
the owner or operator of the cab shall file in the
office of the City Clerk and post in such cab a
schedule showing such new or changed rate, and it
shall be unlawful for the owner, operator or driver
of any taxi-cab to charge or collect from any person
any:fare .fQl'c.arriage iuany such. cab . which.: isdif.
ferent in any way. from:the filed and .posted.r.ate
of .far"efoJ: such ,cab.
. 14:632~ Sei:'tiilu:32; )Iiiu'rly't{at~s; The OWIllU:,
driver or other perllon i1\ charge oi- control of a taxi~
c~ibmay, uponreqlJ.est of a passenger, 8<:ceptem-
ployment whei'ebythe rare to be asked may be com~
putedto an agreed amount for the trip or by an
hourly rentll).' When a taxi-cab ill employed at an
hourly rental the maximum farEJtobe charged shall
not exceed $3.00 per hour. This rate shall not be
effectiveunlesll employment by the hOlJ.r is arranged
for in advance of the trip, and if rented on a trip
basis, the charge for such trip shall be agrEJed upon
in advance, and it shall be unlawful to charge, col~
lect. or attempt to collect any other additional
charge.
14.633. Section 33. Taximeters; Approval; Re-
ceipts: Whenever any taxi-cab shall have affixed
thereto a taximeter, such taximeter shall be of a
size and design approved by the License Inspector
of the City of Salina; shall be set to conform to
the rates provided for in this ordinance and as posted
and filed by the owner of such cab, and shall be in
proper mechanical condition and in operation at all
times, and shall at the conclusion of each trip dis-
charge a printed slip showing the distance traveled
and the fare, which shall be given to the passenger
paying such fare.
--
14-634. Section 34. Taximeters incorrect: No
person shall use or permit to be used upon any taxi-
cab 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 pas-
senger on which shall be operated from any wheel
to which the power is applied, or which has not been
duly inspected and approved.
14.635. Section 35. Taximeters or Speedometers,
lighted at night. After sundown the face of every
taximeter or other registering meter shall be illumi-
nated by suitable light so arranged as to throw con-
tinuous steady light thereon.
14.636. Section 36. Meters kept in working order.
No person shall use or permit to be used or driven
for hire a taxi-cab equipped with a taximeter, the
case of which is unsettled and not having its covers
and gears. intact, or a taxi-cab without a taximeter
whose registering meter has not been examined and
approved and which is not at all times in good work-
ing condition, or any taxi-cab, the use of which has
not been duly licensed.
.....
<ll\I
.
Ch. 14, Art. 6
LlCENSE8.-Taxi-cabs; Ordinance.
14-637. Section 37. Taximeters; Signals. No
driver of a taxi-cab equipped with a taximeter while
carrying passengers or under employment shall dis-
play the signal affixed to such taximeter in such
position to denote that he is unemployed. While
carrying passengers the signal must be in such posi-
tion that the taximeter will record the distance trav-
eled and the fare. No charge shall be made for
the time consumed in response to a call or in re-
turning to the place from which such taxi-cab has
been called, whether the taxi-cab be equipped with
a meter or not.
.
14-638. Section 38. Inspection test and seal meters.
It shall be the duty of the License Inspector to ex-
amine, inspect and seal, at least every six months,
all taximeters or other registering meters used on
any taxi-cab in the City of Salina, provided how-
ever, that in the event complaint is made to said
License Inspector that any taximeter registers im-
properly or inaccurately or at any time that he
deems it necessary, it shall be the duty of said in-
spector to immediately examine said taximeter or
other registering meter, and in case it does not
properly and accurately measure the distance trav-
eled, and register the amount of fare, in the case
of a taximeter, to be determined and charged there-
for, then in that event, it shall be unlawful for the
owner or person in charge of such taxi-cab to permit
its use until such taxi-cab is equipped with a taxi-
meter or other registering meter, approved by said
license inspector. For every meter inspection made
by the License Inspector as provided for in this ordi-
nance, there shall be paid to said Inspector, a fee
of Fifty Cents (50c) by the owner or operator of
such taxi-cab, provided however, that in case the
inspection is made upon complaint as herein pro-
vided and such taximeter or other registering meter
is found to be correct, said inspection fee shall be
paid by the person making said complaint and not
by the owner or operator of such taxi-cab.
14-639. Section 39. Refusal to pay fare. It shall
be unlawful for any person to refuse to pay the
legal fare for a taxi-cab, as prescribed in this ordi-
nance, after having hired the same, and any person
who shall hire any taxi-cab with the intention of
defrauding the person from whom the same is hired
shall be guilty of a misdemeanor.
14-640. Section 40. Weddings and Funerals. The
provisions of this ordinance shall not include any
passenger vehicle for hire while being used for
service at funerals or weddings.
.
14-641. Section 41. Taxi-cab for Immoral Pur-
poses, or Transportation of Liquor. It shall be un-
lawful to drive, operate or use any taxi-cab for the
purpose of prostitution or transporting any person
or persons from any place within the City of Salina
to any other place withm or without said city or from
any place outside of said city to any place therein for
the purpose of prostitution, or to drive, operate or
use any taxi-cab for transporting liquor from any
place within the City of Salina to any place within
or without said city or from any place without said
city to any place therein, or for any other unlawful
purpose within the City of Salina.
14-642. Section 42. Same; License suspended or
revoked. If it shall be charged that any taxi-cab
has been driven, operated or used for any of the
purposes mentioned in the preceding section, the
license for the operation of such taxi-cab and the
taxi-cab driver's license of the driver thereof may
be immediately suspended or revoked by the Chief
of Police, and after any such suspension or revoca-
tion, any such vehicle shall not thereafter be used,
operated or licensed for use within the City of Salina
as a taxi-cab or other vehicle for hire without the
express permission granted therefor by the Board
of Commissioners and if the license has been re-
voked, without the issuance of a new license issued
under the direction of the Board of Commissioners.
When any such license is suspended or revoked the
City Clerk shall make a note thereof on his records
and shall not thereafter issue a license for any such
vehicle, except as provided for herein. -
14-643. Section 43. Same; Driver Guilty; Penaity.
The driver of any taxi-cab used for any of the pur-
poses mentioned in Section 41 (14-641) or any other
person using or occupying the same for any such
purpose shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a
fine of not less than Twenty-five Dollars ($25.00)
nor more than Two Hundred Fifty Dollars ($250.00)
or by imprisonment in the city jail for not less than
ten (10) days nor more than sixty (60) days, or
by both such fine and imprisonment.
14-644. Section 44. Revocation of License. If
any driver of any taxi-cab or other vehicle for hire
shall be convicted of any such violation of the pro-
visions of Section 41 (14-641) of this ordinance, the
license of such driver shall immediately stand re-
voked, and it shall be the duty of the City Manager
to notify the City Clerk of such revocation. No
such person shall thereafter be permitted or licensed
to drive a taxi-cab within the City of Salina.
117
148
.
LICENSES.__Taj{i-cabs; Ordinance.
Ch. 14, Art. 6
14-645. Section 45. Terms of Ordinance; apply
to owner; agents, etc: Wherever in this ordinance
the owner or operator of any taxi-cab is referred to,
stich 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
taxi-cab 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 in this ordinance for the vio-
lation of any of the terms thereof by any such owner
or operator.
14-646. Section 46. Violations; Owners and Oper-
ators. Except as otherwise specifically provided for
herein, any person who shall violate any of the pro-
visions of this ordinance, or who shall operate or
drive in the City of Salina any taxi-cab without.
being licensed so to do as provided for by this ordi-
nance, or after any such license has been suspended
or revoked or who shall fail to comply with any of
the requirements of this ordinance, applicable to such
person shall upon conviction thereof be punished by
a fine of not less than Ten Dollars ($10.00) and not
exceeding' One Hundred Dollars ($HJO.OO) and shall
stiliiueofufuitted to the eity jailtiritil" such fine and
costs of. protlecutionare paid,"
14-647; "" Section 47:" Saving Clause." If any sec-
tion or "provision or part thereof in this ordinance
shan .beadjudged invalid or unconstitutional, such
adjudication shall not affect the validity of the ordi-
nance as a whole or of any section, provision or part
thereof, not adjudged invalid or unconstitutional.
14-648. Section 48. Repeal. That Ordinances
2948, 3306, 4625, 4633 and 4787 be and the same
are hereby repealed.
14-649. Section 49. Take EffecL This ordinance
shall take effect and be in force from and after its
passage and publication in the Book of Revised Ordi-
nances of the City of Salina.
Introduced, September 11, 1989
Passed, September 18, 1939.
( SEAL)
Attest:
Chas. E. Banker
City Clerk
Ed Morgenstern
Mayor
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Lih. . 14, Art~ 7
LICENSES.-Junk Dealers.
ARTICLE 7.--.Junk. Dealer!?
14-701. Junk Defined. Junk is hereby defined to
be oldiron, lead, brass, steel, copper or other metals,
wires, cables, rags or bagging, rope, rubber, bones,
paper, bottles and other and similar old materials,
and old machinery and old automobiles or parts
thereof. (~1, Ord. 3802, 10-26-29).
14-702. Same; License Required. It shall be un-
lawful fOl' any person, firm or corporation to carry
on a business of buying, selling, collecting, trading,
exchanging or otherwise dealing in junk as herein
defined without having first obtained a license so
to do and having paid a license fee therefor as here-
inafter provided. (~2, Ord. 3802, 10-26-29).
.
14-703. Application. Any person, firm or corpora-
tion desiring any such license shall make applica-
tion 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 loca-
tion at which such junk is to be kept or stored and
the applicant shall not keep or store junk in any
other location in said city. Any such application
shall be submitted to the Board of Commissioners
and if the Board of Commissioners approve such ap-
aplication and location, may order the issuance of a
license upon payment of license fee as herein re-
quired. (~3, Ord. 3802, 10-26-29).
14-704. Definitions. The word person, when used
in this ordinance, shall mean any person, firm, cor-
poration or association or any agent, officer, mem-
ber or employee thereof, and those governed by this
ordinance, and of whom licenses shall be required
as provided for herein, shall be classified and de-
fined as follows:
(a) Junk Dealers, who are defined as any person
or persons, who engage in the City of Salina, Kan-
sas, in buying, collecting, trading in, exchanging or
otherwise dealing in junk as herein defined, and
shipping, selling or otherwise disposing of the same
in truck load or car load lots, and who conduct such
business at or from any yard or place in the City
of Salina where such junk, while owned or held
by such person, is kept or stored; provided that
the term Junk Dealer as herein used, shall not in-
clude any person classified as an Automobile Junk
Dealer or as an Automobile Junk Parts Dealer, as
hereinafter defined.
(b) Junk Buyers, who are defined as any person
or persons who engage in the City of Salina, Kan-
sas in buying, collecting, trading in, exchanging or
otherwise dealing in junk as herein defined, and
.
ship.ping, selling or .otherwise d.isposing of the sam~
in truck load Or car load lots, but who do not have
in the City of Salina 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.
(c) Junk Collectors, who are defined as any per-
son or persons who engage in the City of Salina,
Kansas, in buying, collecting, trading ir., exchanging
or otherwise dealing in junk as herein defined, for
resale within the City of Salina, Kansas, who do not
have or maintain any yard or other place in the
City of Salina, Kansas, from which such business is
conducted, and who do not sell, ship or otherwise
dispose of such junk outside of the City of Salina;
provided that the term Junk Collector as used herein
shall not include any person classified as an Auto-
mobile Junk Dealer or as an Automobile Junk Parts
Dealer, as herein defined.
(d) Paper Junk Dealers, who are defined as any
person or persons who engage in the City of Salina,
Kansas, in buying, selling or collecting old paper,
card board or paste board boxes, rags, bagging or
other or similar materials, or baling the same at
any place in the City of Salina.
(e) Automobile Junk Dealers, who are defined as
any person or persons who engage in the City of
Salina in the business of buying, selling, storing,
exchanging, trading or otherwise dealing in old auto-
mobiles or parts thereof for the purpose of wreck-
ing, dismantling or junking such old automobiles or
parts thereof, except old batteries, old tires or other
old automobile parts which are purchased separately
from the automobiles from which they were removed,
or dealing in old automobiles for any purpose other
than as vehicles, and who conduct such business at
or from any place in the City of Salina where any
such old automobiles or parts thereof are wrecked,
dismantled, junked, kept or stored; provided, that
this Section shall not apply to regular dealers in
new or second hand automobiles, who may as an
incident to their regular business engage in selling
or dealing in old automobiles.
(f) Automobile Junk Parts Dealers, who are de-
fined as any person or persons who engage in the
City of Salina, Kansas, in the business of buying,
selling, storing, exchanging, trading or otherwise
dealing in old automobiles or parts thereof for the
purpose of wrecking, dismantling or junking such
old automobiles or parts thereof, except old batteries,
old tires or other old automobile parts which are
1'19
150
LICENSES.-Junk Dealers.
Ch. 14, Art. 7
purchased separately from the automobiles from
which they were removed, or dealing in old automo-
biles for any purpose other than for use as vehicles,
who do not engage in the business of wrecking, dis-
mantling, junking or storing such old automobiles
or parts thereof within the City of Salina, but who
engage in the business of selling parts from such
wrecked, dismantled or junked automobiles at or
from any store, yard or other place in the City of
Salina. (~4, Ord. 3802, 10-26-29; Amd. ~1, Ord.
4729, 3-15-37).
14-705. Same. That wherever the terms "Junk
Dealer" or "Automobile Junk Dealer" are referred
to in Section 7 or in Section 10 of Ordinance No.
3802, such terms shall be deemed to include the
terms "Junk Buyer" and "Automobile Junk Parts
Dealer" as defined in this ordinance, and said sec-
tions shall be deemed to refer to and include Junk
Buyers and Automobile Junk Parts Dealers, as de-
fined and referred to in Section 4 of Ordinance No.
3802, as amended by Section 1 of this ordinance.
(~3, Ord. 4729, 3-15-37).
14-706. License Fees. The fees for such licenses
shall be as follows:
(a) For Junk Dealers, $150.00 per annum.
(b) For Junk Buyers, $25.00 per annum.
(c) For Junk Collectors, $1.00 per annum.
(d) For Paper Junk Dealers, $10.00 per annum.
(e) For Automobile Junk Dealers, $150.00 per
annum.
(f) For Automobile Junk Parts Dealers, $50.00
per annum.
Provided that any person who shall pay any license
fee as hereinabove provided for, shall, without pay-
ing any additional license fee be entitled to engage
in any other business as provided for in this ordi-
nance, for which the same or a lesser fee is pro-
vided for herein.
All such license fee 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 is-
sued prior to July 1st, in any year, shall require
the payment of a license fee for a full year, and
any license issued after July 1st, in any year, shall
require the payment of one-half of the annual license
fee herein provided for, for the remaining portion
of such year. (~5, Ord. 3802, 10-26-29; Amd. ~2,
Ord. 4729, 3-15-37).
14-707. Each Vehicle Licensed. A Junk Collec-
tor's license as provided for herein shall be required
for each wagon or vehicle used for the collection of
junk. (96, Ord. 3802, 10-26-29).
14-708. Additional Licenses. No Junk Dealer or
Automobile Junk Dealer shall operate more tha.n
one yard or place of business under one license, but
shall secure additional license for each yard or place
of business operated by him; provided that no license
shall be required of any such dealer for the opera-
tion of a separate store, or place of business where
individual parts taken from any junk automobile are
sold as parts and not as junk. (~7, Ord. 3802,
10-26-29) .
14-709. Storage Regulations. All places where
any junk as herein defined is kept or stored together
with all junk therein, shall at all times be kept in a
sanitary condition and open to the inspection of any
police or sanitary officer of the City of Salina, and
no junk dealer or automobile junk dealer shall ex-
pose or permit to be exposed to public view any
junk kept or stored by him, but shall cause all such
junk kept or stored by him to be kept either in a
permanent building, or behind a board fence not less
than five (5) feet in height, which fence shall at
all times be well painted and in good repair; pro-
vided that in any yard or place in which junk is
kept or stored and which was located at the time
of the adoption of Ordinance Number 3188, being the
zoning ordinance of the City of Salina, in any dis-
trict defined by said ordinance as a commercial or
residential district, or which may be located on prop-
erty taken into the city limits or said city after the
establishment of any junk yard thereon and which
upon its inclusion within the city limits become a
part of any commercial or residential district as de-
fined by said zoning ordinance, no junk shalI be kept
or stored and no such fence shll'lI be erected nearer
than 50 feet to the line of any street or avenue upon
which such yard or place abutts. (~8, Ord. 3802,
10-26-29).
14-710. Revocation of License. Any license issued
hereunder may be revoked by the Board of Commis-
sioners upon conviction of the licensee or any agent,
employee or officers of any licensee of the violation
of any provision of this ordinance, or of any ordi-
nance 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.
(99, Ord. 3802, 10-26-29).
14-711. Daily Report of Purchases to Police De-
partment. Every Junk Dealer or Automobile Junk
Dealer shall make a list of every article or group
of articles purchased by him, which list shall con-
.
Ch. 14, Art. 7
LICENSES.-Junk Dealers.
151
tain a description of the articles purchased, suffi-
cient to identify the same, and the name of the
person from whom the same were purchased and
date and hour of purchase and shall furnish a true
and correct copy of such list, signed by such pur-
chaser, with the Chief of Police of the City of
Salina, Kansas, before noon of each day covering
the articles purchased during the preceding day. In
case of any automobile or piece of machinery bear-
ing on which is by law required to bear a motor or
serial number, such motor or serial number or both
if such automobile or piece of machinery has or is
required to have both, shall be shown, and if any
such motor or serial number shall be defaced or
erased, such fact shall be shown on such report and
it shall be unlawful for any person, firm or corpora-
tion purchasing any such article to sell the same or
to remove the same from the location at which it
may be stored or kept, or to tear down or remove
parts therefrom, until the same has been in his
possession for at le~st 48 hours. (II 10, Ord. 3802,
10-26-29) .
14-712. Violation Sections 14-701 to 14-711; pen-
alty. Any person, firm or corporation, or any em-
ployee, agent, officer or member thereof, who shall
violate any of the provisions of this ordinance, or
who shall permit or direct the violation thereof by
any employee or agent, or who shall conduct any
business defined herein without securing a license
and paying the license fee therefor, or who shall
conduct or carryon such business after any such
license shall be revoked or suspended, shall be
deemed guilty of misdemeanor and upon conviction
shall be punished by a fine in any sum not less
than $25.00 nor more than $100.00 or by imprison-
ment not to exceed 30 days, or by both such fine
and imprisonment, for each offense, and each day's
continued violation of any provision of this ordi-
nance shall be deemed to be a separate offense.
(~11, Ord. 3802, 10-26-29).
.
.
.
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Ch. 14, Art. 8
LICENSES.-Auction Sales; Ordinance.
153
ARTICLE S.-Auction Sales.
(Published in Book of Revised Ordinances, 1939)
ORDINANCE NO. 4951
An Ordinance relating to and regulating sales by
auction of certain kinds of new and unused mer-
chandise and relating to and regulating the calling,
trade or occupation of conducting auctions of such
merchandise and providing for and requiring a li-
cense for such auction sales and of those engaged
in such calling, trade or occupation providing pen-
alties for the violation of the provisions of this
ordinance and repealing Ordinance No. 4394 of the
City of Salina, and all other ordinances or parts of
ordinances in conflict with this ordinance.
Be It Ordained by the Board of Commissioners of
the City of Salina, Kansas:
14-801. Definitions. Wherever the word "person"
is used in this ordinance the same shall be deemed
to refer and relate to any person, co-partnership or
member thereof, or corporation or any officer, man-
ager or employee thereof.
14-802. Auctions; License required; exceptions.
It shall be unlawful for any person to engage in
the business, calling, trade or occupation of operat-
ing or conducting a sale by auction of any new or
unused merchandise in the City of Salina, including
gold, silver, plated ware, precious or semi-precious
stones, watches, clocks or any other jewelry, furni-
ture, men's or women's clothing or other merchan-
dise of any kind, or new or used automobiles, except
such judicial sales as may be held according to law
under the order of some court of competent juris-
diction, or except a sale by virtue of a genuine and
bonafide chattel mortgage which has been given to
secure a genuine and bona fide debt which is actually
in default, unless the person conducting or operat-
ing such auction sale shall first pay the license fee
and secure a license therefor as hereinafter provided
for and comply with all of the provisions and regu-
lations relating to and regulating the securing of
such a license and the conducting of such an auction
sale as in this ordinance provided for.
14-803. Applications; Fee. No license as herein
required and provided for shall be issued by the
City Clerk until the applicant therefor shall file
with the City Clerk an application as hereinafter
provided for and a true and correct detailed inven-
tory of the merchandise proposed to be sold at such
auction sale, as hereinafter required, and shall de-
posit with the City Clerk a license fee of $50.00
which fee, when any license shall be issued pursuant
to such application, shall, subject to the restrictions
hereinafter set forth, permit the licensee in any such
license to conduct and operate such auction sale for
a period of thirty. days after the date of _ the issuance
of such license; provided however, that no license
shall be issued upon any such application. until after
such application has been on file in the office .of
the City Clerk for a period of forty days.
14-804. Same; Inventory; Requirements. The ap-
plicant for such a license shall file with his applica-
tion a true and correct detailed inventory, listing
the articles proposed to be sold at said sale byauc-
tion and shall cause such articles described in said
inventory to be given a number. He shall also set
forth opposite the descriptions of such articles in
said inventory and before presenting the same the
actual cost price thereof to him. The a:p:plicant
thereof shall duly verify the said application by his
personal oath or affirmation. In case the license
is granted, the licensee must before the beginnng of
such auction sale attach to such articles a card or
ticket with the said number of said articles en-
dorsed thereon, so that the number of said articles
described, and set opposite the description of. the
separate articles which correspond with the code or
ticket number aforesaid.
14-805. Same. The application for such a license
shall set forth the following:
(a) The name, residence, address and business
address of the applicant.
(b) The character of business applicant has been
engaged in during the two years prior to the ap-
plication.
(c) Whether the proposed auction is to be held
at the applicant's existing regularly established
place of business, and wherein his regular business
has been operated for at least one year prior to the
application.
(d) The name and address of each person who
will participate in conducting the said sale by auc-
tion.
(e) Whether the applicant will be present at and
in continuous attendance at said pro:posed sale by
auction.
(f) Whether any additions to the stock of mer-
chandise pro:posed to be sold at said sale by auction
have been made within a period of forty days :prior
to the date of said application, and if so he shall
furnish a separate inventory thereof containing all
details as in the regular inventory required.
(g) Whether, after filing said application and
until the end of said sale by auction applicant will
make any additions or permit any additions to be
made to the said stock of merchandise described in
the required inventory.
154
LICENSES.-Auction Sales; Ordinance.
Ch. 14, Art. II
(h) Whether he has conducted or caused to be
held any sales by auction within a period of five
years prior to said application and if so, when and
where.
(i) Whether applicant has owned or conducted
within one year prior to the said application, any
other store or place of business than the one men-
tioned as his regular place of business in the appli-
cation, and if so, where such store or stores or place
or places of business were located and the character
of business operated in each.
(j) He shall state whether he will himself, and
whether he will require all others participating in
the conducting of said proposed sale by auction to,
truly and correctly, represent at all times to all per-
sons attending such auction, the actual facts in re-
spect to quality.
(k) Whether he has attached to said application
a true and correct detailed inventory of the stock
or goods, wares and merchandise proposed to be
sold at said sale by auction. Whether he caused
the articles in said inventory to be given a number,
and whether he has set forth opposite said articles
the actual cost price thereof to him, and whether
he agrees in case a license is granted, to attach
to said articles a card or ticket with the number
of said articles endorsed thereon corresponding to
the inventory number.
(1) Whether the applicant or any person he pro-
poses to use as auctioneer or other employee at the
proposed auction sale has been convicted of any
violation of any section of this ordinance within two
(2) years prior to said application.
(m) Whether the applicant or any person he pro-
poses to use as auctioneer or other employee at the
proposed auction sale will in all respects comply
with all of the provisions and requirements of this
ordinance relating to the conduct of any such auc-
tion sale.
14-806. Hours of Auction. @6. No such auction sale
shall be held nor shall the place where any such auc-
tion sale is being held be open for business between
the hours of 6:00 o'clock in the evening and 8:00
o'clock the following morning, under any circum-
stances, and no license shall permit such opening or
the sale of merchandise at such place of business
between such hours.
14-807. Auctions prohibited in December; term
of Auction. @7. No sale by auction to which this ordi-
nance relates shall be held or licensed to be held
in the month of December, and no such sale by auc-
tion shall be licensed or permitted to be held for
a period of more than thirty days, Sundays and legal
holidays excepted. Said thirty days shall be con-
secutive except as to Sundays and legal holidays
and except any part of the month of December, from
December first to December thirty-first, inclusive.
14-808. Licenses; Two-Year Interval; Prior Con-
viction Bar to License. @8. No license for any such
sale by auction shall under any circumstances be
granted to any person, firm or corporation or to any
agent or affiliate of or assignee of, or to any person
acting for any such person, firm or corporation, with-
in a period of two years after the termination of such
sale by auction, in the City of Salina, by any such
person, firm or corporation, held or conducted under
the provisions of this ordinance, or otherwise. No
person who has been convicted of violating any of
the provisions of this ordinance, shall be granted a
license or act as an auctioneer or be employed in
any manner at or in connection with any sale by
auction licensed or held under the provisions of this
ordinance, or to which this ordinance relates, for a
period of two years after such conviction.
14-809. Bye-Bidding Prohibited. @9. No person to
whom any such license is issued, or any auctioneer
at any such auction sale, nor any person employed
by such licensee or having any connection of any
kind with such auction sale, shall bid for any mer-
chandise offered for sale at any such auction, and
no person shall act at any such auction sale as a
bye-bidder, or what is commonly known as a "cap-
per", "booster" or "shiler" or offer or make any
false bid, or offer any false bid to buy or pretend
to buy any article sold or offered at any such sale
by auction.
14-810. Auctions; Where Licensed. @10. No such
sale by auction shall be licensed or permitted, except
it be held at the existing regularly established place
of business of the applicant for such license, and at
the place wherein the regular business of such ap-
plicant has been operated for a period of at least
one year prior to the filing of the application.
14-811. Attendance of Licensee Required. @11.
Whenever any such licensed sale by auction is being
conducted, the person to whom the license has been
granted or if. the licensee is a partnership one of
the members thereof, or if a corporation one of the
officers thereof, shall remain in continuous atten-
dance at all times while such sale by auction is being
conducted, and shall be responsible for any violation
of any of the provisions of this ordinance.
.
Ch. 14, Art. 8
LICENSE8.-Auction Sales; Ordinance.
14-812. Additions to Stock Prohibited. ~12. During
any such sale by auction, no additions whatsoever
shall be made to the stock of merchandise set forth
in the inventory attached to the application for li-
cense, and nothing shall be offered for sale or sold
at any such sale by auction which is not described
in or which is an addition to the stock of merchan-
dise described in said inventory, or which has been
added to the applicant's stock within a period of
forty days prior to the date of the filing of the ap-
plication for such license.
.
14-813. Licenses; Required Period Between; Ex-
ceptions. ~13. No license shall be granted for any
such sale by auction if it appears that the applicant
or agent, affiliate or assignee of the applicant or
other person for him, has within a period of two
years prior to the date of the filing of the applica-
tion conducted a similar sale by auction in the City
of Salina, either under the provisions of this ordi-
nance or otherwise, and either in the same place of
business or at any other place within the City of
Salina; provided however, that this section shall not
apply to a duly licensed auctioneer who has a duly
established and licensed auction room which oper-
ated under the provisions of any other ordinance of
the City of Salina.
14-814. Auctions; Requirements of Sale. ~14. At
all such sales by auction the applicant and all per-
sons participating in the conducting of said sale by
auction shall truly and correctly report at all times
to the public attending such auction, the actual facts
in respect to the quality of the merchandise offered
for sale.
14-815. Same. ~15. No person shall sell or offer
for sale at any sale by auction any goods, wares or
merchandise which has been falsely described, or
concerning which any untruthful statement has been
made as to character, quality, kind or description,
either in the application for license and the inven-
tory attached thereto, or during the continuance of
such auction sale.
14-816. Same; Records of Sale; Resales Prohi-
bited. . ~16. The licensee who shall conduct any such
auction sale or any auctioneer or other person or
employee of such licensee, shall keep a true and cor-
rect record of all articles of merchandise sold at
any such auction sale, and no article which has once
been sold at such auction sale shall again be sold
or offered for sale at the same auction sale.
lowing the filing of the application for a license as
required by this ordinance, it has not been made to
appear to the City Clerk or to the Board of Com-
missioners of said City that any of the statements
made in the application for a license are false, and
if the statements contained in said application, and
as sworn to by the applicant entitles the applicant
to a license under the provisions of this ordinance,
the City Clerk shall issue to such applicant the li-
cense to conduct such a sale by auction, of the mer-
chandise described in the inventory attached to his
application, for a period not to exceed thirty consecu-
tive days, exclusive of Sundays and legal holidays
and exclusive of any part of the month of December.
14-818. Chief of Police to Enforce Ordinance. ~18.
It shall be the duty of the Chief of Police of the
City of Salina, or of any other officer or employee
of the city assigned to such duty by the City Man-
ager or by the Chief of Police to inspect and inves-
tigate any and every stock or stocks of merchandise
which is the subject of any application for an auc-
tion sale as provided herein or which is being sold
at any auction sale licensed under the provisions of
this ordinance and report to the City Manager
whether or not the provisions of this ordinance, are
being complied with, with respect to the merchan-
dise licensed to be sold, or being offered for sale, or
with regard to fraud or deception, or fraudulent and
false statements or advertising.
14-819. Suspension of License. ~19. The City
Manager of the City of Salina is hereby vested with
authority to temporarily suspend the issuance of
any license for sale by auction whenever he may
believe that any of the provisions of this ordinance
have been or are being violated, and thereupon ap-
propriate proceeding shall be instituted forthwith
in the Police Court of said city, for the alleged
violation of any of the provisions of this ordinance,
and in the event said proceedings result in the con-
viction of the licensee, or of any auctioneer or em-
ployee of said licensee, or any person engaged in
or about the conduct of such auction sale, the said
license shall become permanently null and void;
otherwise the suspension shall be at an end and the
license thereupon restored and said sale by auction
may proceed until it has been open for an aggregate
of thirty days but such auction shall not proceed
at any time during the month of December, but may
proceed after December 31st to complete the thirty
days authorized by such license.
14-817. City Clerk to issue License; Term of Li- 14-820. Violations; Penalty. ~20. Any person
cense. . ~17. If, during the period of forty days fol- who shall violate any of the provisions of this ordi-
.
15[,
166
LICENSES.-Auction Sales; Ordinance.
Ch. 14, Art. 8
every section, sentence, clause or provision of this
ordinance, independently of each and every other
section, sentence, clause and provision thereof.
nance, who shall operate or continue to operate any
sale by auction as referred to in this ordinance while
the suspension of any license issued under previous
ordinance is in effect, or after the same shall have
been revoked and held null and void as herein pro- 14-822. Repeal. 922. That Ordinance No. 4394
vided for, shall upon conviction be fined not less lof the City of Salina, Kansas, and any other ordi-
than $25.00 nor more t~an $100.00 for each violation, i nance which is s~e.cificallY i? con~lict with any of
together with the costs of prosecution, and shall be the terms or provIsIOns of thIS ordmance be and the
imprisoned in the city jail until any such fine and same are hereby repealed.
costs are paid, provided that each violation, and each
day of any violation of any provision of this ordi-
nance, shall constitute a separate offense.
14-821. Saving Clause. 921. If any section, sen-
tence, clause or provision of this ordinance shall be
held to be unconstitutional or invalid for any reason,
the same shall not in any manner affect the validity
of any other section, sentence, clause or provision
of this ordinance, it being the intention of the Board
of Commissioners of said city to adopt each and
14-823. Take Effect. 923. This ordinance shall
take effect, and be in force from and after its pub-
lication in the book of Revised Ordinances of the
City of Salina.
(SEAL)
Attest:
Introduced, September 11, 1939
Passed, September 18, 1939
Ed Morgenstern
Mayor
Chas. E. Banker
City Clerk
.
.
.
Ch. 14, Art. 9
ARTICLE 9.-Fireworks.
LlCENSES.-Fireworks; Ordinance.
157
(Published in Book of Revised Ordinances,
City of Salina, 1939)
ORDINANCE NO. 4950
An Ordinance regulating the possession, offering for
sale, sale, giving away, and/or use of fireworks,
blank cartridges, pistols or other devices, or other
devices from which blank cartridges may be fired,
and/ or other pyrotechnics, providing for a license
for persons, firms, or corporations, engaging in the
sale of fireworks or pyrotechnics not prohibited by
the terms of this ordinance and providing penalties
for the violation of the terms hereof; defining cer-
tain nuisances and providing for the abatement
thereof.
Be It Ordained by the &ard of Commissioners of the
City of Salina, Kansas:
14-901. Certain Fireworks Prohibited. Section 1.
That from and after the passage of this ordinance,
it shall be unlawful for any person, firm or corpora-
tion to have in his possession, store, transport, dis-
play for sale, sell, offer for sale, give away, dis-
charge, fire and/or use any of the following, at any
time within the corporate limits of the City of
Salina, Kansas:
1. Any fireworks containing any explosive con-
sisting of chlorate of potash and sulphur.
2. Nigger chasers or squibs, including all types
of fireworks that travel on the ground.
3. Roman candles, beyond 12 balls.
4. All firecrackers and salutes over three inches
in length and/or more than % inch in diameter.
5. All snakes or magic snakes or spit devils
which contain mercury, phosphorus, or other poison-
ous compounds.
6. Blank cartridges, ammunition canes, unpro-
tected hammer type single cap pistols.
7. Any salute or aerial display, customarily fired
from a motor, including parachutes with flares at-
tached.
8. Pistols, or other devices from which blank
cartridge~ may be fired.
9. SKY rockets.
10. All bombs, repeating tanks, and toy cannon.
11. Round, globe, or spherical salutes.
12. Torpedoes other than self-consuming type.
13. Hot air balloons carrying flame.
14. Paper caps containing more than 35 grains
of explosive.
15. Sparklers beyond 20 inches in length.
16. All fireworks containing white or yellow phos-
phorus.
14-902. Sale; License Required. Section 2. It
shall be unlawful for any such person, firm or cor-
poration to display for sale, sell, or offer for sale,
any fireworks and/or pyrotechnics, including spark-
lers, which are not prohibited to be sold under Sec-
tion 1 of this ordinance, without first having ob-
tained a license from the City Clerk. Before any
such license is issued said applicant for such license
shall pay to the City Clerk a license fee of One
Dollar ($1.00). Such license fee shall be due and
payable on 01' before the 30th day of June of each
year, and no license shall be issued after said date.
A separate license shall be required for each and
every place from which the applicant for a license
desires to sell fireworks and/or pyrotechnics, which
license shall be displayed in a conspicuous place in
the place of business in which such fireworks and/or
pyrotechnics are to be sold.
14-903. . Time When Sales Permitted. Section 3.
No fireworks and/or pyrotechnics, the sale of which
is not prohibited under the provisions of this ordi-
nance shall be sold or offered for sale, except dur-
ing the 4th of July and the three (3) business days
immediately preceding said date. It shall be un-
lawful for any person, firm or corporation to sell
or offer for sale, any fireworks and/or pyrotechnics
on the first day of the week commonly called "Sun-
day". Where the 4th of July falls upon Sunday,
then such fireworks and/or pyrotechnics may be sold
upon the 5th day of July.
14-904. Storage; Regulation. Section 4. No fire-
works and/or pyrotechnics, the sale of which is not
prohibted under Section 1 of this ordinance, shall
be kept or stored anywhere within the corporate
limits of the City of Salina at any time other than
from the tenth day of June to the tenth day of July
inclusive, of each year. No person, firm or corpora-
tion shall keep or store any fireworks and/or pyro-
technics for wholesale sale or for sale other than
retail trade, within the corporate limits of the City
of Salina.
14-905. Use; When Permitted. Section 5. No
fireworks and/or pyrotechnics shall be fired, ex-
ploded, and/or used within the corporate limits of
the City of Salina, except during that period of time
commencing at 6 o'clock P. M., on the 3rd day of
July, and ending at 12 o'clock midnight on the 4th
day of July, except where the 4th day of July falls
upon Sunday, then such fireworks and/or pyrotech-
nics may be exploded and/or used from 6 o'clock
P. M. on the 3rd day of July, up to 12 o'clock mid-
night on the 5th day of July. Provided, however,
that the Board of Commissioners of the City of
Salina, may permit the display of fireworks, which
158
LICENSES.-Fireworks; Ordinance.
Ch. 14, Art. 9
I
includes the presenting .of complete pyrotechnical i[ fee under the conditions provided for in this ordi-
displays or the shooting of aerial reports or bomb nance. If said stock of fireworks and/or pyrotech-
shells under (he direction of an expert operator, I nics, Ol'any portion thereof shllllbe found to be in
which display or the shooting of aerial reports or violation of the provisions of this ordinance, then
bomb shells, shall be carried out under such condi- ' such portion of said stock of fireworks, kept in vio-
tions as maybe prescribed by the City Manager of lation of the provisions of this ~rd.i~ance, shall be
Salina, as shall in his opinion not be hazardous to subject to confiscation, arid no liCense shall be issued
surrounding property or dangerous to any person or to any such person keeping such stock of fireworks
persons. and/ or pyrotechnics, for the sale of any fireworks
during such calendar year when said person so own-
ing such stock, shall violate the terms of this ordi-
nance, as herein provided, and it shall be unlawful
for any person or persons, company or corporation,
so violating the provisions of this ordinance, to dis-
play and/or sell any fireworks and/or pyrotechnics
of any kind or nature.
14-906. Window Displays. Section 6. No fire-
works and/or pyrotechnics shall be stored, kept, or
displayed in the window of any store building or any
other building wherein the sun is permitted to shine
through glass, on such fireworks or pyrotechnics.
14-907. Display or Sale Prohibited, Certain Places.
Section 7. No fireworks and/or pyrotechnics of any
kind or nature shall be displayed, sold, or offered
for sale in any open place in front of any place of
business, or in any doorway, or upon any sidewalk
or within fifty (50) feet of any gasoline filling sta-
tion or any bulk oil or gasoline station or plant.
14-908. Throwing Prohibited; Use near Hospitals.
Section 8. It shall be unlawful for any person to
throw fireworks of any kind from any vehicle of
any kind, or into any vehicle of any kind, nor shall
any fireworks be thrown from any building or struc-
ture. No fireworks shall be exploded or used within
three hundred (300) feet of any hospital, or within
any business district in the City of Salina.
14-909. Duty of Parents. Section 9. It shall be
unlawful for any parent, guardian, or other person
having the care or custody of any minor, to either
furnish or give to such minor at any time, any of
the fireworks and/or pyrotechnics or other articles
described in paragraph 1 hereof, as prohibited being
sold within the City of Salina, or to furnish or give
to any minor any fireworks and/ or pyrotechnics not
prohibited under the provisions of Section 1 hereof,
at any time, except upon the days when such fire-
works and/or pyrotechnics are permitted to be sold
within the corporate limits of the City of Salina,
under the provisions of this ordinance.
14-910. Fireworks; Stocks; Inspection; Confisca-
tion. Section 10. The stock of fireworks and/or
pyrotechnics of any merchant or dealer of the City
of Salina shall be subject to inspection by inspectors
designated by the Chief of the Fire Department of
the City of Salina, at any time, and if said stock
shall be found to comply with the provisions of this
ordinance, upon application a license shall be granted
for the sale thereof, and the same shall be issued
by the City Clerk upon the payment of the license
14-911. Nuisance; Injunction. Section 11. The
possession, storing, transportation, displaying for
sale, selling, offering for sale, giving away, dis-
charging, firing, or using of any of the fireworks,
pyrotechnics, or other articles mentioned in Section
1 of this ordinance at any place within the City of
Salina or within three miles from the city limits
of the City of Salina by any person, firm or cor-
poration is hereby declared to be a nuisance and any
such nuisance shall be abated by injunction or other-
wise as provided for in Section 13-1417, General
Statutes of Kansas, 1935; Provided that the remedy
provided for in this section is in addition to any
penalty provided in this ordinance for the violation
of its provisions.
14-912. Violation; Penalty. Section 12. Any per-
son, firm or corporation, who shall be found guilty
of violating any of the terms or provisions of this
ordinance, shall upon conviction be adjudged guilty
of a misdemeanor, and be fined in any sum not
exceeding Twenty-five Dollars ($25.00) or be im-
prisoned in the city jail not exceeding ten (10) days.
14-913. Saving Clause. Section 13. If any sec-
tion or provisions or part thereof in this ordinance
shall be adjudged invalid or unconstitutional, such
adjudication shall not affect the validity of the ordi-
nance as a whole or of any section, provisions or
part threof, not adjudged invalid or unconstitutional.
14-914. Take Effect. Section 14. This ordinance
shall take effect and be in force from and after its
passage and publication in the Book of Revised
Ordinances of the City of Salina.
Introduced, September 11, 1939
Passed, September 18, 1939.
Ed Morgenstern
Mayor
(SEAL)
Attest: Chas. E. Banker
City Clerk.
.
.
.
Ch. 14, Art. 10
LICENSES.-Cereal Malt Beverages.
.
ARTICLE 10.-Cereal .Malt Beverages.
14-1001. Cereal Malt Beverage; Definitions. As
used in this ordinance, the words and phrases herein
defined shall have the following meanings unless the
context otherwise requires:
(a) "Person" shall include individuals, firms, co-
partnerships, corporations and associations.
(b) "Sale at retail" and "retail sale" mean sales
for use or consumption and not for resale in any
form.
(c) "Place of business" shall mean any place at
which cereal malt beverages are sold.
(d) "Wholesaler or distributor" shall mean in-
dividuals, firms, co-partnerships, corporations and
associations which sell or offer for sale any bever-
age referred to in this act, to persons, co-partner-
ships, corporations and associations authorized by
this act to sell cereal malt beverage at retail.
(e) "Cereal malt beverage" shall include any fer-
mented but undistilled liquor brewed or made from
malt or from a mixture of malt and/or malt sub-
stitute.
(f) "Licensee" is a "person" as defined in (a)
who has a license as herein required.
(g) "General Retailer Class A" is a licensee who
has a license to make retail sales of cereal male
beverages in bottles only but not including sales in
original and in unbroken case lots or in broken case
lots or in broken case lots of 2 or more bottles.
(h) "General Retailer Class B" is a licensee who
has a license to make retail sales of cereal malt bev-
erages in bottles and to sell the same at retail from
kegs, for sale to customers in bulk in glasses, etc.,
commonly known as "draught" beverages, but no',
including sales in the origin~l and unbroken case
or keg lots or in broken case lots of 12 or more
bottles.
(i) "Case Retailer" is a licensee who has a li-
cense to sell at retail cereal malt beverages in orig-
inal or unbroken case or keg lots or in broken case
lots of 12 bottles or more and not for consumption
on the premises. (~1, Ord. 4741, 4-29-37).
14-1002. License Required of Retailers. No per-
son shall sell any cereal malt beverage at retail
without first having secured a license for each place
of business which such person desires to operate
within the corporate limits of the City of Salina,
Kansas, as herein provided and a person having only
a license to sell at retail cereal malt beverages as a
"case retailer" as designated in this ordinance shall
not sell any such beverage in other manner and a
person having only a license to sell cereal malt bev-
erages as a "general retailer" shall not sell any such
beverage in any other manner than that covered by
such license; provided however, that a "general re-
tailer" may also secure a license as a "case retailer"
on complying with the requirements of this ordi-
nance and securing an additional license as a "case
retailer." (~2, Ord. 4741, 4-29-37).
14-1003. License Fees. There are hereby pre-
scribed license fees as follows:
(a) General Retailer Class A-for each place of
business $35.00 per calendar year.
(b) General Retailer Class B-for each place of
business $50.00 per calendar year.
(c) Case Retailer-for each place of business
$25.00 per calendar year.
The full amount of license fee shall be required
regardless of the time of the year in which the ap-
plication is made and the licensee shall only be auth-
orized to operate under the license for the remainder
of the calendar year in which the license is issued;
provided, that if a license is issued under this ordi-
nance to any person who has during the year 1937
prior to the date this ordinance takes effect, secured
and paid for a Class A or Class B Retail Beverage
Dealers license under the provisions of Ordinance
No. 4295 as amended by Ordinance No. 4342, the
amount heretofore paid by any such person, in case
the license issued under this ordinance is issued to
such identical person and for the identical place of
business, shall be credited on the amount required
for a license as provided for in this ordinance. (~3,
Ord. 4741, 4-29-37).
14-1004. Application for Licenses. Any person
desiring a license shall make application to the gov-
erning body of the city and accompany the applica-
tion with the required license fee for each place of
business for which the person desires the license.
The application shall be verified, and upon a form
prepared by the attorney general of the State of
Kansas, and shall contain such information as the
governing body of the City may require which shall
include the following:
(a) The name and residence of the applicant and
how long he has resided within the State of Kansas;
(b) The particular place for which a license is
desired;
(c) The name of the owner of the premises upon
which the place of business is located;
(d) A statement that the applicant is a citizen
of the United States and not less than twenty-one
years of age and that he has not within two years
159
160
LICENSES.-Cereal Malt Beverages.
Ch. 14, Art. lU
immediately preceding the date of makingapplica-
tion been convicted of a felony or any crime involv-
ing moral turpitude, or been adjudged guilty of
drunkenness, or driving a motor vehicle while under
the influence of intoxicating liquor or the violation
of any other intoxicating liquor law of any state or
of the United States.
Each such application, in case the applicant is a
corporation, shall be accompanied by affidavits exe-
cuted by each officer, director, and stockholder own-
ing in the aggregate more than 25'16 of the corpora-
tion's stock, and of the manager of such business,
containing the same information as hereinabove re-
quired of an individual applicant, and in case the
applicant is a partnership, firm or association, the
application shall be accompanied by affidavits duly
executed by each member of such firm, co-partner-
ship or association, and of the manager of such
business, containing the same information. (~4, Ord.
4741, 4-29-37).
14-1004A. Sale of Wine; Revocation of License.
No applicant for a license for the sale of cereal
malt beverages in the City of Salina under the pro-
visions of Ordinance No. 4741 shall be granted such
license unless the applicant shall in his application
for such license and as a condition precedent to
the issuance of the same, state in writing that he
will not, while any such license is in effect, if such
license is granted, sell or have in his place of busi-
ness for sale any wine or vinous beverage including
so-called 3.2 wine or other beverage with any al-
coholic content except cereal malt beverage as cov-
ered by such license, and if any person while hold-
ing a license issued by the City of Salina for the
sale of cereal malt beverages shall sell or have in
his possession for sale any wine or vinous bever-
ages including so-called 3.2 wine or any other bev-
erage containing alcohol except cereal malt bever-
ages covered by such license, such license shall be
revoked by the Board of Commissioners. (~1, Ord.
4961, 12-30-39).
14-1005. Examination; disqualification; approval.
If the application is in proper form and accom-
panied by cash in the amount of the license fee
and the required affidavits, the governing body of
the city shall examine the application and the affi-
davits, and after such examination, the governing
body of the city shall refer such application to the
Chief of Police for further investigation and report
if they deem such additional investigation neces-
sary. If the Board of Commissioners either with
or without such investigation of the Chief of Police
,
consider that the applicant is not a fit person 01'
otherwise entitled to receive such license, they shall
reject such application and deny such license, and
if they consider that. such person is a fit person to
receive such license and that the applicant, if grant-
ed a license, will abide by all the requirements and
provisions of this ordinance and all other ordinances
of the City of Salina, they may approve such appli-
cation, and if they approve the same, shall direct
the City Clerk to issue a license to the applicant;
Provided, no license shall be issued to:
(a) A person who is not a resident of the city
in which the premises covered by the license are
located, and who has not been a resident in good
faith of the State of Kansas for at least one year
prior to said application and a resident of the county
in which said place of business is to be operated
for at least six months;
(b) A person who is not of good character and
reputation in the community in which he resides;
(c) A person who is not a citizen of the United
States;
(d) A person who within two years immediately
preceding the date of making application has been
convicted of a felony or any crime involving moral
turpitude, or been adjudged guilty of drunkenness
or driving a motor vehicle while under the influence
of intoxicating liquor, or the violation of any other
intoxicating liquor law of any state or of the United
States;
(e) A copartnership, unless one of the copartners
is a resident of the city or county in which the
premises covered by the license is located and un-
less all the members of such copartnership shall
otherwise be qualified'to obtain a license;
(f) A corporation, if any manager, officer, or
director thereof or any stockholder owning in the
aggregate more than twenty-five percent of the
stock of such corporation, would be ineligible to re-
ceive a license hereunder for any reason other than
non residence within the city or county;
(g) A person whose place of business is con-
ducted by a manager or agent unless said manager
or agent possesses the same qualifications required
by the licensee.
No license shall be issued for a place of business
located or to be located in a prohibited zone as de-
fined by this ordinance or as hereafter defined or
prescribed by ordinance. A person applying for a
license as a case retailer must be engaged in busi-
ness in this city. (~5, Ord. 4741, 4-29-37).
.
Ch. 14, Art. 10
LICENSES.-Cereal Malt Beverages.
Hi]
14-1006. License. The journal of the governing
body shall show the action taken. The license shall
not. be transferable, under any circumstances from
one person to another or to any firm, co-partner-
ship 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 governing body of the city and upon
such conditions as such governing body may pre-
scribe. The license shall be kept posted in a con-
spicuous place in the place of business. The license
shall state the name of the licensee, the location
of the place of business for which the license is
issued and the calendar year for which it is issued,
and that it is subject to revocation in the manner
provided by law and by this ordinance. (~6, Ord.
4741, 4-29-37).
.
14-1007. Statutory requirements. No cereal malt
beverages may be sold in any place of business be-
tween the hours of twelve o'clock midnight and six
a. m. or on Sunday or any election day, and no
licensee shall permit any such beverage to be con-
sumed in or about any licensed place of business on
any such days or between any such hours. No pri-
vate rooms or closed booths shall be operated in
any place of business. The place of business shall
be open to the public and to the police at all times
during business hours. No person under eighteen
years of age shall be permitted to buy or drink any
of such beverages in or about any place of business.
(~7, Ord. 4741, 4-29-37).
14-1008. Prohibited zones established. No license
shall be issued for any place of business and no
cereal malt beverages shall be sold in any place of
business which is located within any residence zone
or district as now or hereafter provided for or
designated in the zoning ordinance of the City of
Salina or any amendment thereto. (~8, Ord. 4741,
4-29-37) .
14-1009. Revocation of licenses. The governing
body of the city, upon five (5) days notice to per-
sons holding any such license shall revoke such li-
cense for anyone of the following reasons:
(a) If a licensee has fraudulently obtained the
license by giving false information in the applica-
tion therefor:
(b) If the licensee has violated any of the pro-
visions of this ordinance or any other ordinance of
the city prescribing rules or regulations relating to
cereal malt beverages as herein defined;
.
If the licensee has violated any law of the state
for which violation the city is authorized by law to
revoke the license;
(c) If the licensee has become ineligible to obtain
a license under this ordinance;
(d) Drunkenness of the person holding such li-
cense or permitting any intoxicated person to re-
main in such place;
(e) The sale of cereal malt beverages to those
under the age of eighteen years;
(f) The nonpayment of any license fees;
(g) For permitting any gambling in or upon such
premises;
(h) For permitting any person to mix drinks
with materials purchased in said place of business
or brought in for this purpose;
(i) For the employment of persons under eigh-
teen years of age in dispensing cereal malt bev-
erages.
(j) For the employment of persons who have
been adjudged guilty of felony or of any violation
of the intoxicating liquor law;
(k) For purchasing or displaying a federal re-
tail liquor tax stamp, expiring after June 30th, 19'37,
issued by the United States Treasury Department,
except where issued for industrial, mechanical, sci-
entific, and medicinal purposes.
And it is hereby made unlawful for any person
to commit any act which is made a cause for the
revocation of any license as above set forth.
Within twenty days after the order of the board
revoking any license, the licensee may appeal to
the District Court of the county in the manner as
now provided by law in appeals from the probate
court, provided that after the date of the order of
revocation entered by such board and pending any
such appeal, it shall be unlawful for any person
whose license is revoked to sell cereal malt bev-
erages in any place of business or to operate or at-
tempt to operate under such license until such time
as the order of revocation may be set aside by the
District Court.
In case of the revocation of the license of any li-
censee, no new license shall be issued to such per-
son or person acting for or on his behalf, for a
period of six months thereafter, unless the order of
revocation shall be set aside by the District Court
of said County on appeal. (~9, Ord. 4741, 4-29-37).
14-1010. Beverages prohibited. No licensee un-
der this ordinance or any other person shall under
any circumstances sell, offer for sale, give away or
have in his possession any beverages which contain
162
LICENSES.-Cereal Malt Beverages.
_ Ch. 14, Art. 10
in excess of 3.2% of alcohol by weight 01'4% of
alcohol by volume or of any percentage of alcohol
which is in fact intoxicating, nor shall any such per-
son add to any beverage which.'is sold or offered
for 'sale or' in. his posKe'ssion in' Ol~ 'about any Place
of business any alcohol or any other intoxicating
liquor, nor shall any. such person permit any other
person in his place of business, to add any alcohol
or other intoxicating liquor to any such beverage
or to spike the same with alcohol. or other intoxi-
cating liquor. Every licensee shall upon demand of
any police officer or any other officer of the City
of Salina furnish to any such officer without com-
pensation at least two samples of each and every
kind or character of beverage which is in the pos-
session of any such licensee in anY such place of
business for the purpose of examining and testing
the same. (~10, Ord: 4741, 4~29-37).
14-1011. Sale prohibited in certain places. No
General Retailers license shall be issued for any
place of business in the City of Salina except for
a room on the first or street floor of the premises
or building in which such licensed place of business
is located, which room shall have a clear glass win-
dow through which the entire room or rooms in
which any such place is conducted shall be at all
times visible from the street upon which such room
fronts, and no screen, curtain, sign or other ob-
struction of any kind shall be so placed in or adja-
cent to such window so as to prevent the clear and
unobstructed view of such premises from such
street, and no dancing shall be permitted in any
such place of business; Provided, that the provisions
hereof relating to the conduct of such business on
the street floor and the maintenance of curtains,
screens or other obstructions, and dancing, shall not
apply to any place conducted under a license issued
to any bona fide lodge or fraternal organization
having a permanent and bona fide membership and
which at the date this ordinance takes effect is duly
organized, authorized, chartered and operated for
lodge and fraternal purposes, and as a bona fide
lodge or fraternal organization under the laws of
this state or any other state. (~11, Ord. 4741, 4-29-
37).
of supply of the beveragesold by him,or in, his pos-
sesSlon;'whe'n1ind' f~~m .~l1om the ,same was pur-
chased and, any other information pe,rtaining to, the
same which_maybe r,equired~y any such officer.
(912,01'<1. 4741, 4~29-37)..
14,1013. ' Gambling prohibited. No gambling or
gambling device of any kind shall' be permitted in
any licensed premises. <li13, Ord. 4741, 4-29-37).
14,1014. Intoxication and Disorderly Conduct. No
licensee shall sell or use or give away or permit the
sale or use or giving away within or upon such li-
censed 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 con-
duct in such _ premises, at any time, and the pres-
ence of any intoxicated person in or upon any such
licensed premises, or the existence of any disorderly
conduct by any persons in or upon said premises, at
any time, shall be deemed to be conclusive evidence
that such intoxicated person is there, or that such
disorderly conduct exists, with the permission of
such licensee. (~14, Ord. 4741, 4-29-37).
14-1015. Acceptance: Rules and Regulations.
Every person shall by his application for a license
under this ordinance 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 ordi-
nance and by all other ordinances hereafter adopted
by the Board of Commissioners relating to and regu-
lating any such business and the manner of sale of
any such beverages. (~15, Ord. 4741, 4-29-37).
14-1016. Licensee responsible for act of employees.
Every person to whom any such license is issued
shall be responsible for the acts and conducts of all
persons engaged in managing, conducting or carry-
ing 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 ordinance. (~16, Ord. 4741,
4-29-37) .
14-1017. Cleanliness. Every place of business li-
14-1012. Inspection of Premises. All premises censed under this ordinance and all equipment used
where any business is conducted under any license in connection with the sale of cereal malt beverages
issued pursuant to this ordinance shall be open for and all persons employed in such place of business
inspection by police officers of the City of Salina shall be kept in a clean and sanitary condition and
at all times, and every person to whom any such no person shall be employed in or about such busi-
license is issued and every employee of such person ness place who is not in good health or who is af-
shall disclose to a.ny officer of the City of Salina flicted with or suffering from any infectious or con- ,-
upon demand all information relating to the source; tagious disease. (~17, Ord. 4741,4-29-37).
.
Ch. 14, Art. 10
LICENSES.-Cereal Malt Beverages.
16:3
.
14-1018. Relationship of retailer to manufacturers,
distributors, agents and wholesalers. No manufac-
turer, distributor, agent or wholesaler shall, directly
or indirectly, sell, supply, furnish, give or pay for,
or loan or lease, any furnishings, fixture or equip..
ment on the premises of a place of business of a
licensee authorized under this ordinance to sell
cereal malt beverages at retail, nor shall he, di-
rectly or indirectly, pay for any such license, or ad-
vance, furnish, lend or give money for payment of
such license, or purchase or become the owner of
any note, mortgage or other evidence of indebted-
ness of such license... or any form of security there-
for, nor shall sucn manufacturer, distributor or
wholesaler, directly or indirectly, be interested in
the ownership, conduct or operation of the business
of any such licensee nor shall any manufacturer,
distributor or wholesaler be interested directly or
indirectly or as owner or pari, owner of said prem-
ises or as lessee or lessor thereof, in any premises
upon which cereal malt beverages are sold at retail.
No manufacturer, distributor or wholesaler, shall,
directly or indirectly or through a subsidiary or af- 14-1020. Penalty. Any person violating any of
filiate, or by any officer, director or member of the provisions of this ordinance shall, upon convic-
firm of such manufacturer, distributor or whole- tion thereof, for each offense be fined not exceed-
saleI', furnish, give or lend any interior decorations ing One Hundred Dollars ($100.00) or imprisoned
other than signs, costing in the aggregate more not exceeding three (3) months, or both so fined
than one hundred dollars in anyone calendar year I and imprisoned, and each day's continued violation
for use in or about or in connection with anyone I shall be deemed a separate offense. (~20, Ord. 4741,
establishment on which products of the manufac- 4-29-37).
turer, distributor or wholesaler are sold. Any li-
censee who shall permit or assent, 01' be a party in
any way to any violation or infringement of the
provisions of this section, shall be deemed guilty of
a violation of this ordinance.
No wholesaler or distributor shall sell any cereal
malt beverage to any person who has not secured
a license as provided for in this ordinance. (~18,
Ord. 4741, 4-29-37).
14-1019. Wholesalers and/or distributors. It shall
be unlawful for any wholesaler and/or distributor,
his or its agents or employees, to sell and/or de-
liver cereal malt beverages within this city to per-
sons authorized under this ordinance to sell the
same within this city unless such wholesaler and/or
distributor has first secured a license from the De-
partment of Inspections and Registration of the
State of Kansas authorizing such sales. (~19, Ord.
4741, 4-29-37).
.
.
Ch. 14, Art. 11
LICENSES.-Music Machines.
I\,5
ARTICLE 11.-Music Machines. 14-1102. Music Machines; Regulations. It shall
I' ue unlawful for any person licensed to operate any
14-1101. License; Music Machin~s. ?hat it shall music playing machine or device as provided for in
be unlawful for any person to mamtam or operate this ordinance or owning, maintaining or operating
or permit to be maintained or operated within the any place of business where any such music playing
City of Salina, either as principal, agent, lessee, machine or device is kept, used or operated to play or
licensee, owner or in any other capacity, any music permit the playing on or by any such machine or
playing machine or device operated by depositing device, by means of records, rolls or otherwise, any
coins or tokens without first having secured a li- obscene or indecent music or words. (~7, Ord. 4693,
cense from the City Clerk to engage in such busi- 11-4-36).
ness, trade or occupation, and for the keeping, main-
14-1103. Definitionli. Wherever in this ordinance
taining and operating of any such device and without
first having paid to the City of Salina the license the term "person" is used, it shall be deemed to
refer to any corporation, co-partnership or member
tax therefor as herein provided for. There is hereby
levied on every such person a license tax of $10.00 thereof, or any agent, representative, officer or em-
per year for each such machine or device payable at ployee of any person, corporation or co-partnership.
the time such license is issued and every license here- (~9, Ord. 4693, 11-4-36).
in provided for expires on December 31st in the year 14-1104. Violations; penalty. Any person who
in which it is issued. Every license shall show the shall violate any of the provisions of this ordinance
name of the licensee, a description of the machine or who shall fail to comply with any of the require-
and the location at which the machine is kept and ments or provisions hereof shall be deemed guilty
shall not be transferable from one licensee to an- of a misdemeanor and for each offense shall be pun-
other or from one location to another, but may be ished by a fine of not less than $10.00 nor more
transferred from one machine to another while oper- than $100.00, or by imprisonment and each day upon
ated by the licensee at the same location. (~1, ord.! which any violation shall continue shall be deemed
4693, 11-4-36; Amd. by ~1, Ord. 4964). a separate offense. (~10, Ord. 4693, 11-4-36).
.
.
166
LICENSES.-Loudspeakers.
Ch. 14, Art. 12
ARTICLE 12.-Loudspeakers.
14-1201. Advertising; Announcing; License Re-
quired. There is hereby levied a license tax upon
every person, firm or corporation who shall within
the City of Salina, conduct, pursue, carryon or
operate the calling, trade or occupation of adver-
tising or announcing, by means of any loud speaker,
radio or phonograph device, either in or attached
to any automobile or other vehicle operated on the
streets of said city or from any stationary location
on private property by which the sound of such ad-
vertisement 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 persons in such
public street or elsewhere the advertisement or an-
nouncement projected from or by means of any such
device. (~1, Ord. 4948, 9-27-39).
14-1202. License Tax; Amount. The license tax
levied and provided for under the provisions of Sec-
tion 1 of this ordinance shall be in the sum of $3.00
per day for each loudspeaker, radio or phonograph
device from which such advertisement or announce-
ment is projected, and it shall be unlawful for any
person, firm or corporation to use any such device
within the City of Salina, and upon the public
streets thereof or adjacent to any such public street
until such person, firm or corporation shall have
applied to the City Clerk of said city for such li-
cense, and shall pay the license taxes provided for
herein and shall have received a license from the
City Clerk to conduct, pursue, carryon or operate
within the city, for the time for which such license
is paid, such calling, trade or occupation. (~2, Ord.
4948, 9-27-39).
14-1203. Operations Prohibited, Certain Hours.
It shall be unlawful for any person, firm or corpora-
tion to use or operate any such device as mentioned
in Section 1 of this ordinance, within the City of
Salina, at any time after the hour of 9 :00 P. M.
and earlier than the hour of 8:00 A. M. in any day,
and no license issued under the provisions of this
ordinance shall be deemed to permit the use thereof
during any of the time when such use is prohibited
by the provisions of this section. (~3, Ord. 494R,
9-27 -39).
14-1204. Violation; Penalty. Any person, firm
or corporation or any agent, manager, employee or
officer or member thereof who shall violate or shall
cause, permit or direct the violation of any of the
provisions of this ordinance shall be guilty of a mis-
demeanor and upon conviction thereof shall be pun-
ished by a fine of not less than $5.00, nor more than
$10.00 for each offense and each occasion upon which
any such violation shall occur shall be deemed a
separate offense. (~4, Ord. 4948, 9-27-39).
.
.
Ch. Hi, Art. 1
MISDEMEANORS and OFFENSES.-Gencral.
CHAPTER I5.-MISDEMEANORS AND
OFFENSES.
(See 13-430, G. S. 1935)
Article I.-General Misdemeanors.-15-101 to 15-178.
2.-Immoral Conduct.-15-201 to 15-216.
3.-Intoxicating Liquors.-15-301 to 15-319.
4.-N arcotic Drugs.-15-401 to 15-404.
(For other misdemeanors, see general index under
particular heads, such as Animals, Dogs, Building
Codes, Fire Prevention, Licenses, Dances, Vehi-
cles, Traffic, Streets, etc.)
ARTICLE I.-General Misdemeanors.
15-101. Mayor to offer reward. That the Mayor
is hereby authorized to offer a reward, not exceed-
ing twenty-five ($25.00) dollars, in anyone case,
for informatIOn resulting in the arrest and convic-
tion of any person or persons for violation of any
of the criminal ordinances of the City of Salina;
that such reward be paid out of the General Fund
of said City, as other claims are pay-able. (Sl, o rd.
1890, 9-20-1915).
15-102. Penalty where no other provided. That
whenever any offense is declared by ordinance of
this city to be a misdemeanor and no punishment is
prescribed by that or any other ordinance, the of-
fender shall upon conviction be punished by im-
prisonment not exceeding 90 days or by a fine not
exceeding $100.00 or by both fine and imprisonment.
(S48, Ord. 635, 3-7-88).
15-103. Cruelty to animals; penalty. That every
person who shall maliciously and cruelly maim, beat,
torture or abuse any horse, ox, cattle or other do-
mestic animal, whether belonging to himself or to
another, shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine of
not exceeding $50.00. (S20, Ord. 635, 3-7-88).
15-104. Animals; hogs; feeding in City; penalty.
That every person who shall keep or feed or cause
or permit to be kept or fed any hogs or swine within
the limits of said City of Salina, Kansas, between
the 1st day of April and the 1st day of October of
each year shall be deemed guilty of a misdemeanor
and shall upon conviction be punished by a fine of
not exceeding $25.00. (S39, Ord. 635, 3-7-88).
15-105. Assault and battery; penalty. Every per-
son who shall assault or beat or wound another so
as not to constitute any other offense under the ordi-
nance of the City of Salina, shall be deemed guilty
of a misdemeanor and shall upon conviction thereof,
be punished by a fine not exceeding $100.00 or by
imprisonment not exceeding 30 days or by both such
fine and imprisonment. (S2, Ord. 635, 3-7-88).
.
15-106. Blank cartridge pistols; penalty. That
every person who shall sell, barter or give away any
blank cartridge pistols within the City of Salina shall
be deemed guilty of a misdemeanor, and upon con-
viction shall be punished by a fine of not exceeding
$10.00. (Sl, Ord. 1135, 5-19-1902).
15-107. B. B. guns prohibited. It is hereby de-
clared to be a misdemeanor for any person to dis-
charge any ail' gun 01' gun commonly called "8. B.,"
Jhooting bullets 01' shot, within the limits of the City
elf Salina, Kansas. (Sl, Ord. 2019, 1-19-1917).
15-108. Violation of Sec. 15-107; penalty. Any
person discharging any such ail' gun or gun com-
monly called "B. B." shall, upon conviction in the
police court be fined in any sum not less than $5.00
.101' more than $10.00 or imprisoned in the City Jail
110t more than ten days 01' both such fine and im-
~risonment may be imposed. (S2, Ord. 2019, 1-19-
1917) .
15-109. Parent or guardian permitting B. B. guns;
penalty. Any parent 01' guardian knowingly per-
mitting a minor under his care to carry, upon the
iJublic streets or alleys of the City of Salina, an air
.;un or gun commonly called, "B. 8.," shall be deemed
;uilty of a misdemeanor and upon conviction thereof
.n police court shall be fined in any sum not less
chan $5.00 nor more than $25.00. (S3, Ord. 2019,
1-19-1917) .
15-110. Stove pipe through roof or &ides of build-
ing prohibited; penalty. That any person who shall
erect, place, run or permit to remain through the roof
or sides of any building, any stove pipe, shall be
deemed guilty of a misdemeanor and upon convic-
tion shall be punished by a fine not exceeding
$50.00. (S45, Ord. 635, 3-7-1888).
15-111. Disorderly conduct; profane or indecent
language; exposure of person; penalty. That any
person conducting himself in a riotous or disorderly
manner, or who shall openly use ptofane or inde-
cent language, or indecently expose his or her per-
son or commit any nuisance upon any street or alley
or other public place in the City shall be deemed
guilty of a misdemeanor and shall be punished by a
fine of not less than $3.00 or more than $100.00.
(S16, Ord. 635, 3-7-88).
15-112. Disturbing peace; penalty. Every person
who shall disturb the peace and quiet of the City
or any lawful assembly of persons, or any church
or religious meeting, or of any house, family or
neighborhood or person or persons shall be deemed
guilty of a misdemeanor and shall be punished by
a fine not exceeding $100.00. (Sl, Ord. 635, 3-7-88).
:W7
168
MISDEMEANORS and OFFENSES.-General.
Ch. 15, Art. 1
15-113. Drunkenness; intoxication; penalty. That I Elm Streets, thence east along the north line of
every person who shall be found intoxicated in any Elm Street to its intersection with the Smoky Hill
street, alley or other place in the City of Salina I River, thence in a southerly direction up the west
shall be deemed guilty of a misdemeanor and upon I line of the Smoky Hill River to its intersection with
conviction thereof shall be punished by a fine in any the south one of Iron Avenue, thence west along
sum not exceeding $100.00 or by imprisonment for the south line of Iron Avenue to its intersection
not more than 30 days or by both fine and imprison- with the east line of the alley running north and
ment. (~1, Ord. 2461, Amd. ~1, Ord. 2549, 7-17- 20uth between Fifth Street and Fourth Street,
1922). thence south along the east line of said alley to its
intersection with the south line of Walnut Street,
.hence west along the south line of Walnut Street
to its intersection with the west line of Seventh
Street, thence north along the west line of Seventh
Street to the point of beginning. {li1, Ord. 2959,
15-114. Food; selling decayed or unwholesome;
penalty. That any person or persons who shall sell,
or offer or expose for sale, any unwholesome, de-
caying or stale food or provisions of any kind, or
who shall sell, or offer or expose for sale any adul-
terated milk, butter, lard or other article of pro-
vision, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be punished by
a fine not exceeding $10.00. (~5, Ord. 1040, 8-20-
190,0) .
15-115. Food; milk diluted or adulterated, or from
diseased animal; penalty. That whosoever in the
City of Salina, shall knowingly sell to any person
or persons, or sell, deliver or bring to be manufac-
tured to any cheese or butter factory in this City
any milk diluted with water or in any way adul-
terated, or milk from which any cream has been tak-
en, or milk commonly known as skimmed milk, or
shall keep back any part of milk known as strippings
with intent to defraud, or shall knowingly sell milk
the product of a diseased animal or animals, shall
upon conviction thereof be fined in a sum not less
than $25.00 nor more than $100.00. (S1, Ord. 1268,
7-17-1905).
15-116. Fire arms; discharging in City; penalty.
Every person who shall discharge any firearms in
the limits of the City shall be deemed guilty of a
misdemeanor and shall upon conviction be punished
by a fine of not less than $5.00 or more than $25.00,
provided that the provisions of this section shall not
apply to the Gischarge of firearms in any licensed
shooting gallery, or by any gunsmith in his trade,
nor the shooting of unlicensed dogs, nor to discharge
of firearms in the protection of person or property.
(~5, Ord. 635, 3-7-88; See 13-425, G. S. 1935).
15-117. Fireworks, firecrackers, pistols, etc.; pro-
hibited in certain part of City. That it shall be un-
lawful for any person, at any time, to burn, set off,
discharge, shoot or otherwise use any torpedoes, fire
crackers or fireworks of any kind or cap pistols,
blank cartridge pistols, canes or other similar arti-
cles or appliances within that portion of the City
of Salina within the following boundaries, to-wit:
Commencing at the northwest corner of Seventh and
3-20-24) .
15-118. Violation of Sec. 15-117; penalty. That
any person violating any of the provisions of the
foregoing section of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof
3hall be fined in any sum not to exceed $5.00 for
Jach offense. (~2, Ord. 2959, 3-20-24).
15-119. Fire hose; driving over; penalty. That
any person who shall drive any buggy, wagon, om-
nibus or other vehicle over, across or upon any hose
belonging to the City of Salina at any time or in
any place shall be deemed guilty of a misdemeanor
and shall upon conviction be punished by a fine of
not exceeding $100.00, or by imprisonment for a term
not exceeding 3 months or by both such fine and
imprisonment. (S28, Ord. 635, 3-7-88).
15-12,0. Gambling, letting premises to another for
use as. gambling house; penalty. That every person
who shall knowingly lease or let to another any
room, house or other building for the purpose of
Jetting up or keeping therein any gaming tables,
gambling device, machine, instrument or contriv-
.'Wce for gambling or gaming or for the purpose
or being used as a gaming house, shall on convic-
cion be fined not less than $10.00 nor more than
$50.00. (911, Ord. 635, 3-7-88).
15-121. Gambling; keeping or maintaining gaming
house or place; penalty; police authorized to enter;
general reputation of house prima facie evidence.
That any person or persons who shall open, keep
or maintain any gaming house in the City of Salina
or suffer or permit any description of gaming or
gambling or playing any game of chance or skill
for money, goods, chattels, liquors or anything
whatever in any dwelling house, store, grocery,
tavern, inn, tent, booth, shop or other tenement,
building, or place by such person or persons occu-
pied, used or possessed, shall be guilty of a mis-
-
.
Ch. 15, Art. 1
MISDEMEANORS and OFFENSES.-General.
16~)
demeanor and shall, upon conviction, be fined in
any sum not less than $20.00 nor more than $100.00
or be imprisoned not exceeding 30 days or by both
such fine and imprisonment. Provided that the Mar-
shal, Assistant Marshal or any Policeman of said
City or any two or more of them shall have full
power to enter any house of ill fame or gambling
house either by day or by night for the purpose of
arresting any person or persons whom such officer
or officers shall have good reason to suspect guilty
of violation of any of the provisions of Sections
6-7-8-9-10-11 and 12 of this ordinance, and shall
have power then and there to arrest any such per-
son or persons, and, Provided further, that the gen-
eral reputation of houses of ill fame, prostitution
and assignation and gambling houses or of inmates
or residents or keepers thereof shall be prima facie
evidence of the character of such house and persons.
(S12, Ord. 635, 3-7-88).
.
15-122. Gambling; betting games of chance or
bkill; penalty. That every person or persons who
shall bet or play at any game of chance or skill
for any money, goods, chattels, liquors or other valu-
able thing whatsoever in said City shall be deemed
guilty of a misdemeanor and shall, upon conviction,
be fined in any sum not exceeding $50.00. (S13, Ord.
635, 3-7-88).
15-123. Slot Machines, etc.; penalty. Any person
who shall set up or keep in any place in the City
of Salina, any slot machine, or other gambling de-
vice, designed or devised for the '''.j'pose of gambling
or of playing any game of r:'ance for money or
property or which is in fact commonly used for
such purpose or who shall induce or permit any per-
son to use or manipulate such machine or device
or shall keep any such machine or device in any
place where the same may be used by others, shall
be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than
$100.00 nor more than $500.00 for each offense or
by imprisonment for not more than 30 days or by
both such fine and imprisonment, and each day upon
which any violation shall continue shall be deemed
a separate offense. (S1, Ord. 4500, 1-14-35).
15-124. Same; Destruction by Police Chief. Upon
conviction of any person or persons under the pro-
visions of this ordinance, the court shall as a part
of its judgment order the destruction of all slot
machines or gambling devices used by or in the pos-
session of the defendant, and the chief of police
shall execute such judgment or order by publicly de-
stroying such slot machine or other devices. (S2,
Ord. 4500, 1-14-35).
.
15-125. Same. It shall be the duty of the police
officers of the City of Salina to seize and take pos-
session of any slot machines or other gambling de-
Vices as defined by this ordinance wherever the
same may be found in the City of Salina, and to
arrest the owner thereof and any person in control
or possession of such machine if he can be found,
and or if no person claims the same as owner or
otherwise within ten days after the same shall have
been seized, the Chief of Police of said city is hereby
authorized and directed to destroy any such machine
without further notice to the owner thereof. (S3,
Ord. 4500, 1-14-35).
15-126. Memorial Hall; Unlawful Entry. It shall
be unlawful for any person to enter Memorial Hall,
ell' any theater or public place of amusement in the
Gity of Salina except the lobby or other portion
.hereof for which no admission fee is charged at
any time during which any entertainment or per-
Lormance or other attraction is being held therein
Lor which an admission price is charged, or at any
oime when any such building is not open to the pub-
,!C, whether such entrance is made by force or by
orick or device, or otherwise, without paying the
regular admission charge or securing other lawful
authority from the persons in charge thereof for
such entrance. (S1, Ord. 4137, 2-23-32).
15-127. Violation of Sec. 15-126; penalty. Any
person who shall violate any of the provisions of
this ordinance shall be deemed guilty of a misde-
meanor and upon conviction thereof shall be fined
not more than $10.00 for each offense. (S2, Ord.
4137, 2-2.3-32).
15-128. Library; stealing or taking books from;
penalty. Every person who shall steal, take and
carry away from the public Library any book,
pamphlet, periodical, paper or other property, and
every person who shall take from the Free Public
Library ,any such book, pamphlet, periodical, paper
or other property in any manner except in accord-
ance with the rules made by the Board of Directors
of such Library, shall be deemed guilty of a mis-
demeanor, and on conviction thereof shall be pun-
ished by a fine in the sum of not less than $1.00 nor
more than $50.00 for each offense. (Sl, Ord. 1027
4-16-1900). '
15-129. Library; failing to return books after
notice; penalty. Every person who shall take, bor-
row or obtain from the Free Public Library any
book, pamphlet, periodical, paper or other property,
and neglect to return the same within two weeks
from the date of the mailing by the Librarian to
such person's address of a notice to return the same,
170
MISDEMEANORS and OFFENSES.-General.
Ch. 15, Art. 1
in accordance with the rules of. the Library, shall
be deemed guilty of a misdemeanor, and on convic-
tion thereof, shall. be punished by a fine in the. sum
of not less than $1.00 nor more than $10.00 by each
offense. (~2, Ord. 1027, 4-16-1900).
15-130. Library; cutting or mutilating books, etc.;
penalty. Every person who shall willfully cut, mu-
tilate, 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, or shall suffer any such
injury to be inflicted while such property is in his
custody, or shall wilfully injure or deface any of
the furniture or property in the rooms of the Li-
brary, shall be deemed guilty of a misdemeanor, and
upon conviction thereof, shall be punished by a fine
in the sum of not less than $1.00 nor more than
$100.00. (~3, Ord. 1027, 4-16-1900).
15-131. Library; copy of ordinance and rules to
be posted. A printed copy of this ordinance and of
the Rules of the Library, shall be kept posted in a
conspicuous place in the Reading Room of the Li-
brary. (~4, Ord. 1027, 4-16-1900).
15-132. Minors; loitering or playing on streets-
after certain hours. It shall be unlawful for any
minor under the age of sixteen years to loiter or
play upon, or ramble or frequent the streets, alleys,
or other public places within the corporate limits of
the City of Salina, after the hour of ten o'clock P.
M. between the first day of March and the first day
of October, and between the first day of October
and the first day of March after the hour of nine
o'clock P. M. unless such minor is accompanied by
parents, guardian, or other person having custody
of such minor, or is in the performance of an errand
or duty directed by such parents, guardian, or legal
custodian, or where the duty or employment makes
it necessary to be upon such streets or other public
places during the night or after the hours herein
specified. (~1, Ord. 965, 5-18-1898).
15-133. Minors; parents and guardians not to per-
mit loitering or frequenting streets. It is hereby
made unlawful for any parent, guardian, or person
having the legal custody or care of any such minor
under the age of sixteen years to allow or permit
such minor to be upon, loiter about or frequent the
streets, or alleys, or such public places, within the
corporate limits of the City of Salina, after the
hours specified in Section One of this ordinance. (~2,
Ord. 965, 5-18-98).
15-134. Violation of Sees. 15-132 and 15-133; pen-
alty. Any person found guilty of violating any of
the provisions of. this ordinance shall be punished by
arrest and fine. of not exceeding $5.00 nor less than
$1.00. (~4, Ord. 965, 5-18-98).
15-135. Minors; smoking or using cigarettes or
tobacco in public place; penalty. Every minor who
shall smoke or use cigarettes, tobacco or cigars in
any form on any public road, street, alley, park, or
other lands used for public purposes within said
City of Salina, or in any public place of business
within said City, shall be deemed guilty of a mis-
demeanor and upon conviction thereof in the police
court of said City shall be fined in any sum not more
than $10.00 for each offense. (~3, Ord. 1951, 6-10-16).
15-136. Minors; furnishing cigarettes or tobacco
to, or permitting to frequent place for purp03e of
using same; penalty. Every person who shall furnish
cigarettes, cigars or tobacco in any form to any
minor person, or who shall permit any minor person
to frequent any premises owned, held or managed by
him, for the purpose of indulging in the use of cigar-
'ettes, cigars or tobacco in any form, shall be guilty
of a misdemeanor and upon conviction shall be fined
in any sum not less than $25.00 nor more than
$100.00. (~4, Ord. 1951, 6-10-16).
15-137. Medicines; distributing or throwing sam-
ples of; penalty. It is hereby declared to be a mis-
demeanor for any person to throw, deposit, scatter
or drop or to cause to be thrown, deposited, or scat-
tered or dropped, upon the streets, or on the side-
walks, or in the yards or on the porches or premises
of any private dwelling in the City of Salina any
sample of any drug, medicine or nostrum, and any
perspn violating the provisions of this ordinance
shall upon conviction thereof, be fined in any sum
not exceeding $25.00. (~1, Ord. 1605, 4-17-11).
15-138. Posting bills, signs, etc., on poles or other
public or private property; penalty; exceptions. It
shall be unlawful for any person to post any signs,
bills, dodgers, advertisements or notices of any kind
or character, of ,any material whatsoever, upon any
telephone, telegraph, electric light or street railway
pole, or upon any pole erected for the purpose of
carrying the wires of any public utility, or upon any
lamp post, hitchingpost, 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 ground within the City of
Salina; or upon any house, building, fence or struc-
ture of any kind upon any private ground within
,the City of Salina, except by the consent of the
owner thereof. Any person violating any of the
prOVISIOns of this section shall, upon conviction
thereof, be punished by a fine of not less than $1.00
-
.
.
Ch. 15, . Art. 1
MISDEMEANORS and OFFENSES.-General.
171
nor more than $100.00 for each offense. Any sign,
bill, dodger,advertisement or notice posted or main-
tained in violation of this ordinance shall be torn
down ami removed by the Chief of Police or by any
Policeman at his direction. This section shall not
apply to notices posted by order of the Board of
Health or the County Health Officer in the discharge
of any official duty nor to the posting of legal ad-
vertisements at places required or designated by law
or by ordinance. (~2, Ord. 833, Amd. by ~1, Ord.
3066, 2-9-1925; See 13-409, G. S. 1935).
15-139. Posters and bills; tearing down when
lawfully posted; penalty. That any person who shall
tear down, deface, mutilate, obscure or otherwise in-
jure any written or printed poster or hand bill or
other advertisement which shall have been lawfully
posted, nailed or otherwise posted for a lawful pur-
pose within the City, shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be
punished by a fine of not less than one nor more
than twenty-five dollars. (~4, Ord. 1040, 8-20-00).
15-140. Post office; loafing or lounging in, or
using indecent or obscene language; penalty. It shall
be unlawful for any person to loaf, lounge or utter
any loud indecent or obscene language in or about
the Post Office building or Post Office lobby in
the City of Salina, Kansas. Any person violating
any of the provisions in this section shall be pun-
ished by a fine not less than $5.00 nor more than
$100.00. (~1, Ord. 427, Amd. by ~1, Ord. 548, 4-27-
1887).
15-141. Publications; magazines, etc., devoted to
scandals, immoral conduct, etc. Every person who
shall within the City of Salina, Kansas, publish,
circulate, sell or offer for sale any newspaper,
pamphlet, magazine or any other printed paper de-
voted largely to the publication of crimes, scandals,
lechery, assignations, intrigues between men and
women and immoral conduct of persons, shall, upon
conviction be punished as hereinafter provided. (~1,
Ord. 792, 1-18-92.).
15-142. Violation of Sec. 15-141; penalty. Any
perwn violating any of the provisions of this ordi-
nance shall upon conviction be punished by a fine
in any sum not exceeding $100.00 or by imprison-
ment, not exceeding three months or by both such
fine and imprisonment. (~3, Ord. 792, 1-18-92).
15-143. Property; injuring or defacing; penalty.
That any person who shall wilfully deface or in-
jure any house, shop, store, or other building, or
any door, window, awning or other thing pertaining
to a part of such house, shop, store or other build-
ing; or sever therefrom, or from any premises there-
to appertaining any gate or other portion of any
.
enclosure or imp.rovement. of any kind thereul1to
belonging, or in any manner do injury thereto.;
or shall sever or destroy, or in any manner .wil-
fully injure any tree, shrub or other produce there-
of therein growing for use, shade or ornament, shall
be deemed guilty of a misdemeanor and, upon con-
viction thereof, shall be punished by a fine of not
less than $1.00 nor more than $25.00. (~1, Ord.
1040, 8-20-00).
15-144. Property un public streets; lamp posts,
fountains, etc.; injuring or defacing; attempt; pen-
alty. That any person who shall injure or deface
any lamp post, watering trough, fountain or other
work or ornament or utility erected or authorized
by the authority of the City in or upon any of the
streets or public places of the City or attempt to in-
jure or deface the same or fasten any horse or other
animal to the same, except to public hitching posts
or frames constructed for that purpos.e shall be
deemed guilty of a misdemeanor and shall upon
conviction be punished by a fine of not exceeding
$25.00. (~24, Ord. 635, 3-7-88).
15-145. Property, hydrants and water pipes;
opening, injuring, meddling with; penalty; excep-
dons-. That any person who shall open any hy-
drant or unloose the bolts, screws or fastenings
thereof or put anything therein, or wilfully, wan-
tonly or carelessly injure any water pipes, or wan-
tonly or mischievously handle or meddle with the
same or any part thereof within the limits of the
City of Salina shall be deemed guilty of a mis-
demeanor and shall upon conviction thereof before
the Police Court be punished by imprisonment for a
term not exceeding 3 months or by a fine not ex-
ceeding $100.00 or by both such fine and imprison-
ment, provided, that the provisions of this s.ection
with reference to opening and unloosening any bolts
or screws and parts of such hydrants or insertion
of anything therein, shall not apply to the Salina
Water Works Company, its agents, successors or
assigns, the members of the Fire Department of the
City, the officers or authorities of said City or to
any person having lawful authority to open, repair,
touch or control or us.e the same. (~25, Ord. 635,
3-7-88. See also ~ 22-601).
15-146. Railroad cars, etc.; hopping on or inter-
fering with same or with property in care of rail-
road; penalty. That it shall be unlawful for any
person, adult or minor to climb, jumb, step, stand
upon, cling to or in any manner attach himself to any
locomotive, engine or car, either stationary or in
motion belonging to any railroad company, except
when on business with such company or to interfere
with anything belonging to said engine or car as
172
MISDEMEANORS and OFFENSES.-General.
Ch. 15, Art. 1
aforesaid on any railroad in the City or Salina;
or to 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 com-
pany and any person violating any provision of this
section shall be punished by a fine of not less than
$3.00 nor more than $25.00. (~29, Ord. 635, 3-
7-88).
15.147. Railroad company or employee; obstruct-
ing streets with trains, etc.; penalty. That it shall
be unlawful for any railroad company or any em-
ployee of any railroad company to obstruct public
travel upon any street, avenue, alley or public place
in said City by operating its trains, engines, cars
and other machinery for a longer period than 5
minutes at anyone time and any conductor, engineer,
brakeman, agent or other employee who shall cause
such obstruction or who shall fail, neglect or re-
fuse to remove the same, shall be guilty of a mis-
demeanor and shall upon conviction be punished
by a fine of not exceeding $100.00. (~30, Ord. 635,
3-7-88) .
15-148. Railroad crossings; unlawful to disobey
stop signals; penalty. Every driver of a vehicle and
every pedestrian on the streets of the City of Salina
when approaching a railroad crossing shall stop in
obedience to any standard "stop" signals or warn-
ings given by a watchman or flagman stationed in
plain view at such crossing, and shall not thereafter
cross or attempt to cross such crossing until by
standard signal signaled so to do by such watchman
or flagman. Any person wilfully violating any of
the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction there-
of shall be fined in any sum not exceeding $50.00
(~1, Ord. 2638, 1-8-21).
15.149. Resisting officer; penalty. That any per-
son who shall resist any officer in the discharge of
his duty within the limits of said City shall be
deemed guilty of a misdemeanor and shall be
upon conviction punished by a fine not exc.eeding
$100.00. (~43, Ord. 635, 3-7-88).
15-150. Riots; causing or participating in; pen-
alty. Every person who shall cause or participate in
any riot, riots, disturbance, affray or disorderly as-
sembly, shall be deemed guilty of a misdemeanor
and shall upon conviction be punished by a fine not
exceeding $50.00. (~3, Ord. 635, 3-7-88).
15-151. Saltwater on pavements, etc. That it
shall be unlawful for any person, firm or corporation
to pour, dump, place or throw, or to cause to be
poured, thrown, placed or dumped into or upon the
sidewalk pavement or gutter in any street, alley
or other. public highway or thoroughfare in the City
of Salina, Kansas, or in any such place that the
same will run or drain into or upon any such side-
walk pavement or gutter, any salt water, salt or ice
and salt, or salty solution, substance or liquid, com-
monly used in freezing or packing ice cr.eam, ices
and other similar products. (~1, Ord. 3124, 7-11-
25).
15-152. Violation of Sec. 15-151; penalty. Any
person, firm or corporation, either acting for him-
self or itself or as the agent, representative, em-
ployee or member, officer or manager of any such
person, firm or corporation who shall violate any
of the provisions of the preceeding section of this
ordinance shall be deemed guilty of a misdemeanor
and upon conviction shall be fined not less than
$5.00 nor more than $25.00 for each offense. (~2,
Jrd. 3124, 7-11-25).
15-153. River, boating on. That boating or canoe-
ing on the Smoky Hill River from the south line of
the Iron Avenue bridge across said river to the dam
across said river north of said bridge, adjacent to
the present location of the Western Star Mill be
and the same is hereby prohibited and any person
Nho shall row, propel or drive or who shall permit
"he rowing, propelling or driving of any boat or
;anoe in any manner whatsoever on said Smoky
Hill River within the limits above defined shall
be deemed guilty of a misdemeanor and upon con-
viction thereof shall be fined in any sum not less
than $5.00 nor more than $25.00. (~1, Ord. 3137,
8-5-25) .
15-,154. Oil and grease; unlawful to poor in
jewel'S or river. That it shall be unlawful for any
person, firm or corporation or for any member, of-
ficer, agent or employee thereof in the City of
Salina, Kansas, to place, run, pour or drain into any
3ewer or to cause or permit the placing, running,
pouring or draining into .any sewer or into any
3treet, 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 what-
soever. (~1, Ord. 4726, 3-8-37).
15-155. Violation of Sec. 15-154; Penalty. That
any person, firm or corporation or any member,
officer, employee or agent thereof who shall violate
any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon con-
viction thereof shall be fined not less than $100
nor more than $500 for each offense and for a
'second or any subsequent conviction of the same
offense shall be punished by a fine not less than
-
.
.
Ch. IG, Art. 1
MISDEMEANORS and OFFENSES.-General.
$100 nor more than $500 and by imprisonment for
not less than one day - nor more than thirty days
for each offense. (92, Ord. 4726, 3-8-37).
15-156. Sidewalks; streets; encroaching on or ob-
structing. That every person who shall obstruct or
encroach upon any sidewalk, street, avenue, alley
or other public property in said City shall be deemed
guilty of a misdemeanor and upon conviction shall
be punished by a fine of not exceeding $100.00; Pro-
vided that wherever any obstruction may be found
upon any sidewalk, street, avenue, alley or in other
public places in the City, it shall be the duty of the
Marshal immediately to notify the owner or oc-
cupier of the premises fronting thereon or the per-
son placing the same thereon to remove the same
without delay, and upon failure so to do the Mar-
shal shall have the obstruction removed at the ex-
pense 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, and pro-
vided further that persons occupying premises front-
ing thereon shall be permitted to occupy a space
not exceeding 3 feet wide on the inside of such
walk for the purpose of displaying goods between
the hours of 5 A. M. and 10 P. M. and may have
such temporary use of the streets and sidewalks as
shall be actually necessary in receiving and shipping
merchandise, and provided further that any person
erecting buildings in the City may for the time oc-
cupied in their erection, and while it is necessary
to do so, occupy a reasonable portion of the streets
and sidewalks in front of the same for receiving
and delivering materials, but in no case shall he
obstruct the gutter so as to prevent the passage
of water thereon, 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 tem-
porary sidewalk not less than 3 feet wide for the
public travel and convenience; and in case of open
basements or other excavations the owner or occu-
pier of the property upon which the same are situ-
ated or the person in charge of the excavation shall
provide the same with sufficient guards to protect
against accidents. (931, Ord. 635, 3-7-88).
15-157. Sidewalks; snow and ice removed; penalty.
That any person being the owner, occupant or agent
of any premises fronting or abutting on any street
or avenue of said City, and there being a sidewalk
on either side or end of said premises, who shall
not, within three hours after being notified by the
City Marshal so to do, remove all snow, ice or dirt
from said sidewalk shall be deemed guilty of a mis-
.
demeanor, and, upon conviction thereof, shall be pun-
ished by a fine not exceeding $10.00. (92, Ord. 1040,
8-20-1900; See 13-426, 13-440, G. S. 1935).
15-158. Sidewalks; riding or driving over; penalty.
That every person who shall ride or drive over or
upon any sidewalk with any horse, cattle or vehicle
or shall wilfully injure or destroy any sidewalk shall
be deemed guilty of a misdemeanor and upon con-
viction shall be punished by a fine of not exceed-
ing $50.00. (935, Ord. 635, 3-7-88).
15-159. Stakes or monuments marking boundaries
or establishing grades removal; penalty. That any
person or persons who shall injure, uncover, dig up,
pull up or in any manner remove, deface or destroy
any stake, stone or monument established or lo-
cated in any place in said City for the purpose of
marking the boundary of any lot, street, avenue,
alley or public ground of said City, or established
or located for the purpose of determining the loca-
tion of grades, shall be deemed guilty of a misde-
meanor, and, upon conviction thereof, shall be pun-
ished by a fine in any sum not exceeding $10.00.
(97, Ord. 1040, 8-20-00).
15-160. Stealing; money or property under $20.00;
penalty. That every person who shall, in the City
of Salina, steal, take and carry away any money
or personal property or effects of another, under
the value of $20.00 (not being the subject of grand
larceny without regard to value) shall be deemed
guilty of petty larcency and on conviction before
the Police Court shall be punished by imprisonment
not exceeding 3 months or by fine not exceeding
$100.00 or by both such fine and imprisonment. (942,
Ord. 635, 3-7-88).
15-161. Stealing fruit; penalty. That if any per-
son or persons shall maliciously or mischieviously
enter the enclosure of any person in the City of
Salina and pick, destroy or carry away any apples,
pears, peaches, plums, grapes or other fruit of any
tree, shrub or vine, he shall be deemed guilty of
petty larceny and upon conviction thereof before the
Police Court shall be punished by imprisonment
not exceeding 3 months or by a fine not exceeding
$100.00 or by both such fine and imprisonment.
(941, Ord. 635, 3-7-88).
15-162. Stolen property; receiving; penalty. Any
person who shall buy or in any way receive any
goods, money or personal property of any kind, that
shall have been stolen, embezzled or obtained from
another in any manner contrary to law, such per-
son, knowing that such goods, money or personal
In
174
MISDEMEANORS and OFFENSES.-General.
Ch. 15, Art. 1
property has been so obtained, stolen or embezzled,
shall be deemed guilty of a misdemeanor and if any
such person shall buy or receive any goods, money
or personal property so stolen, embezzled or ob-
tained from a minor under the age of 16 years,
such fact shall be prima facie evidence of knowl-
edge, on the part of such person that the goods,
money or personal property so bought or received
were stolen, embezzled or obtained in a manner con-
trary to law. (~1, Ord. 1939, 4-25-16).
15-163. Violation of Sec. 15-162; penalty. Any
person found guilty of violating the provisions of
Section 1 hereof shall be deemed guilty of a mis-
demeanor and shall be fined in any sum not less
than $25.00 nor more than $100.00 or imprisoned
not less than 10 nor more than 60 days or by both
such fine and imprisonment. (~2, Ord. 1939, 4-25-
1916).
15-164. Streets and sidewalks; sweeping into or
upon; penalty. It shall be unlawful for any person
whomsoever to sweep, throw or deposit, in any man-
ner, or cause the same to be done upon any side-
walk, 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 of Salina,
whether such lot shall belong to himself or another,
any shavings, paper, paper cuttings, envelopes,
wrappers, wrapping paper, bills, dodgers, advertise-
ments, or any scraps, or anything whatsoever, which
can be, or is likely to be blown by the wind along
the streets or walks, or from place to place. Any
person violating any of the provisions of this sec-
tion, shall upon conviction thereof, be punished by
a fine, of not less than $1.00 nor more than $ICO.OO
for each offense. (~3, Ord. 833, 6-23-1893).
15-165. Streets, alleys and public grounds, placing
earth, rubbish, etc., in; consent of city; penalty. It
shall be unlawful for any person to place any earth,
dirt, filth, trash, rubbish or refuse substances of
any kind, whatsoever, or cause the same to be done
upon any street, alley, sidewalk, bridge or public
grounds in the City of Salina, without first ob-
taining the consent of the City Council so to do.
Any person who shall violate any of the provisions
of this section, shall upon conviction thereof, be
punished by a fine of not less than $5.00 nor more
than $100.00 for each offense. (~4, Ord. 833, 6-
23-93) .
15-166. Streets; carcass of animal or offal; dis-
eased animals; penalty. That any person or per-
sons who shall drag or cause to be dragged along
any street, avenue or alley of the City of Salina
between the hours of 9 o'clock A. M. and 9 o'clock
P. M. the carcass of any dead animal, or any of-
fensive offal; or who shall 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 any contagious or dangerous dis-
ease, shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a fine
of not more than twenty-five dollars. (~6, Ord. 1040,
8-20-00) .
15-167. Streets; depositing dead animals, filth,
etc., in; nuisance; penalty. It is hereby declared to
be a public nuisance for any person to place any
carcass of dead animals, decayed vegetables, filth,
cast off clothing or other matter likely to create
sickness, or in any way prove detrimental to the
public health, upon any street or alley in the City
and any violation of the provision of this section
is hereby declared a misdemeanor and shall be pun-
ished by a fine of not less than $1.00 or more than
$25.00. (~4, Ord. 702, 5-13-89).
15-168. Glass in street. That it shall be unlaw-
ful for any person to throw or place or cause to be
thrown or placed any bottles or glass of any kind
or description in or upon any part of any street
or alley in the City of Salina or to leave, or cause
or permit to be left on any street or alley any bot-
tles or glass of any kind or description, placed or
thrown, or caused or permitted by them to be placed
or thrown in any such street or alley, and when
any glass is placed, thrown or left in any street
as a result of the collision of any automobile or
vehicle with any other automobile or vehicle or other
thing, the driver or drivers of any such automobile
or vehicle, or automobiles or vehicles, shall be
deemed responsible for the placing, throwing or
leaving of such glass in such street, whether or not
such person is responsible for such collision, unless
such driver or drivers immediately thereafter cause
such glass to be swept up and completely removed
from such street. (~1, Ord. 3358, 4-16-27).
15-169. Violation of Sec. 15-168; penalty. That
any person who shall violate or cause or permit the
violation of any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine in any sum
not less than $5.00 or more than $100.00 or by im-
prisonment not more than 30 days, or by both such
fine and imprisonment. (~2, Ord. 3358; 4-16-27).
15-170. Sunday; selling merchandise, etc.; pen-
alty; exceptions. That every person who shall sell
or expose to sale any goods, wares or merchandise
.
Ch. 15, Art. 1
MISDEMEANORS and OFFENSES.-General.
on the 1st day of the week commonly called Sun-
day shall be deemed guilty of a misdemeanor and
upon conviction be punished by a fine of not ex-
ceeding $50.00, Provided that this section shall not
be construed to prevent the sare of drugs or medi-
cines, provisions or other articles of immediate ne-
cessity. (S19, Ord. 635, 3-7-88).
15-171. Trees; injuring; hitching horses; penalty.
That every person, except the owner, who shall cut
or in any way injure any tree or sapling standing
or growing in any of the streets, alleys, or public
places belonging to or within the City limits of
Salina or hitch or cause to be hitched any horse,
mule, ox or other animal to any such trees or sap-
lings standing or growing as aforesaid or to any
boxing which may be placed around said trees or
saplings for their protection shall be deemed guilty
of a misdemeanor and upon conviction shall be pun-
ished by a fine of not exceeding $25.00. (S38, Ord.
635, 3-7-88).
.
15-172. Vagrancy; loitering; penalty. That if
any person shall be found loitering or idling in or
around any house of ill fame, gambling house or
place where beer, ale, wines or liquors are sold or
drank or in or around any street or public place of
said City, without any visible means of support or
refusing or unable to show satisfactorily his or her
mode or means of gaining a livelihood to be legiti-
mate and honest, such person shall be deemed a
vagrant and upon conviction thereof shall be pun-
ished by a fine not less than $1.00 nor more than
$100.00 or by imprisonment in the City prison not
less than 5 nor more than 30 days or by both such
fine and imprisonment. (S22, Ord. 635, 3-7-88; See
13-425, G. S. 1935).
Court of said City, shall be deemed guilty of a mis-
demeanor and shall be punished by a fine not ex-
ceeding One Hundred Dollars or by imprisonment
not/ exceeding three months or by both such fine
and imprisonment. (Sl, Ord. 651, 5-16-1888).
15-175. Aiding or abetting escape; penalty. Any
person or persons who shall aid, abet or assist any
person to escape, who is lawfully held in charge
by the Marshal or any Policeman of said City, or
any other person having legal charge and custody
of said person, by virtue of any of the ordinances
of said City, or Judgment of the Police Court of
said City, shall be deemed guilty of a misdemeanor
and shall be punished by a fine not exceeding One
Hundred Dollars, or by imprisonment not exceeding
three months, or by both such fine and imprison-
ment. (S2, Ord. 651, 5-16-1888).
15-176. Taxi-cab drivers, etc., soliciting prohibited;
blocking depot platforms; penalty. That any per-
son soliciting for hotels, soliciting for or having
charge of any wagon, hack, omnibus or any other
vehicle, used in the transportation of passengers,
merchandise or baggage to or from the depots in
this city, who shall leave said vehicle used there-
fore, for the purpose of soliciting, the carrying of
passengers, merchandise or baggage, or enter upon
the platforms, landing or rooms about said depots,
buildings or solicit guests for hotels, boarding-
houses or inns, or in any way impede or block up
the platforms or landings, about said depots, shall
be deemed guilty oI a misdemeanor and upon con-
viction thereof shall be fined not less than Five
Dollars or more than One Hundred Dollars. (Sl,
Ord. 653, 5-16-1888).
15-177. Oakdale Park; entering without permis-
15-173. Weapons; carrying concealed; penalty. sion during entertainment. That from and after the
That any person who is not an officer of the law, publication of this ordinance, it shall be unlawful
or a deputy to such officer, who shall be found for any person or persons to enter into or upon the
within the limits of this City carrying on his per- grounds known as Oakdale Park in the City of
son in a concealed manner, any pistol, bowie-knife, Salina, Kansas, during the time of any entertain-
dirk, sling-shot, knucks, or any other deadly weapon ment being held in said park for which a charge is
shall be guilty of a misdemeanor, and on conviction made at the gates thereof, without permission for
be fined in a sum not exceeding $100.00 or by im- said entrance from the gate-keeper or other per-
prisonment not exceeding three months, or by both son authorized to admit persons into said park at
such fine and imprisonment, at the discretion of the such time. (Sl, Ord. 1010).
court. (S21, Ord. 635; Amd. Sl, Ord. 1312,6-18-06).
15-178. Violation of Sec. 15-177; penalty. Any
15-174. Escape from officer; penalty. Any per- person violating the provisions of this ordinance
son who shall escape by the use of force or other- shall be deemed guilty of a misdemeanor and upon
wise from any officer of the said City of Salina, conviction therefor in the Police Court, shall be
or other person having legal charge of said person fined in any sum not exceeding Ten Dollars. (S2,
by. virtue of any ordinance or judgment of Police Ord. 1010).
.
175
.
Ch. 15, Art. 2
MISDEMI<:ANORS and OFFENSES.-Immoral Conduct.
177
ARTICLE 2.-ImmoraI Conduct.
(See 13-430, G. S. 1935)
15-201. House of prostitution; keeping; occupant
or owner of premises; penalty. That any occupant
or owner of any premises, land, lot or building in
said City who shall keep or suffer to be kept on
said premises, land, lot or in said buildings, any
house of prostitution, house of ill-fame, house of
assignation, brothel, bawdy house, or any house of
like character shall upon conviction thereof be fined
in any sum not less than $25.00 and not more than
$100.00. (~6, Ord. 635, 3-7-88).
.
15-202. Letting or leasing premises for use as
house of prostitution; penalty. That any person,
either occupant, owner, agent or otherwise who shall
lease or let any premises, land, lot or building in
said City for the purpose of having kept there in
any house of prostitution, house of ill-fame, house
of assignation, brothel, bawdy house or houses of
like character or who shall ascertain that the said
premises, land, lot or building is to be occupied or
used and shall fail or neglect to immediately oust
the occupants thereof, shall upon conviction thereof
be fined in any sum not less than $50.00 nor more
than $100.00. (~7, Ord. 635, 3-7-88).
15-203. House of prostitution; keeping or assist-
ing; penalty. That any person who shall keep or
maintain and any person who shall assist in keep-
ing or maintaining in said City any house of prosti-
tution, house of ill-fame, house of assignation,
brothel, bawdy house or house of like character shall
upon conviction thereof be fined in any sum not
less than $25.00 nor more than $100.00 or by im-
Pl'isonment not exceeding 3 months or by both such
fine and imprisonment. (~8, Ord. 635, 3-7-88).
15-204. Inmate of house of prostitution; penalty.
That any person who shall reside in or be an inmate
of any house or building in the City of Salina for
the purpose of prostitution, or illicit sexual inter-
course, shall upon conviction therefor be fined in
any sum not less than ten nor more than One Hun-
dred Dollars. (~9, Ord. 635; Amd. ~1, 1874,8-16-15).
15-205. Inmate or visitor of such house; penalty.
That any person, either male or female, who shall
reside in or be an inmate of any house of prostitu-
tion, house of ill-fame, house of assignation, brothel,
bawdy house, or house of like character in said
City, and ~ny person who shall visit any such house
for the purpose of prostitution, or illicit sexual inter-
course, shall upon conviction thereof be fined in
any sum not less than ten nor more than One Hun-
.
I dred Dollars; provided that if any person shall be
found visiting any house of prostitution, ill-fame,
brothel, house of assignation, bawdy house, or
houses of like character, it shall be prima facie evi-
dence of having visited it for said purposes, but
said person may exculpate himself or herself by
reasonable proof. (~10, 635; Amd. ~2, 1874, 8-10-
15).
15-206. General reputation of house prima facie
evidence. The general reputation of any such houses
mentioned in the foregoing sections or of its in-
mates or residents thereof shall be prima facie evi-
dence of the character of such house and persons.
(~6, Ord. 190, 12-18-76).
15-207. Police authorized to enter house. The
Marshal, Assistant Marshal or any Policeman of
said City or any two or more of them shall have
full power and authority to enter any of the said
houses mentioned in this ordinance either by day or
by night for the purpose of arresting any person
or persons. Such officer or officers shall have good
reason to suspect such person guilty of violating
any provision of this ordinance and shall there and
then arrest such person or persons. (~7, Ord. 190,
12-18-76; See also 15-121).
15-208. Prostitutes; wandering on streets; solicit-
ing patronage. It shall be unlawful for any prosti-
tute or lewd woman or any woman who is an in-
mate of a bawdy house, house of prostitution, house
of assignation, brothel, or house of bad repute, to
be found wandering about the streets or thorough-
fares of the City or to frequent any gambling house,
or for the purpose of prostitution to solicit patron-
age on the streets or public places of the City. (~1,
Ord. 702, 5-13-89).
15-209. Procurer or procuress; convey prostitute.
It shall be unlawful for any procurer or procuress,
pimp or male person to employ, procure or convey
any prostitute to any house, room, public ground or
any other place for the purpose of prostitution. (~2,
Ord. 702, 5-13-89).
15-210. Violation of Sees. 15-208 and 15-209; pen-
alty. Any person convicted in the Police Court of
violating either of the preceding sections shall be
punished by a fine of not less than $10.00 nor more
than $100.00. (~3. Ord. 702, 5-13-89).
15-211. Procurer or procuress; soliciting for pros-
titute. It shall be unlawful for any procurer or pro-
curess, pimp or male person to in any manner solicit
178
MISDEMEANORS and OFFENSES.-Immoral Conduct.
Ch. 15, Art. 2
business or trade for any prostitute or lewd women
or other women for the purpose of illicit sexual
intercourse. (~1, Ord. 1862, 7-16-15).
15-212. Violation of Sec. 15-211; penalty. Any
person violating any of the provisions of this ordi-
nance shall be fined in any sum not less than twenty-
five dollars nor more than one hundred dollars or
by imprisonment not less than thirty days nor more
than ninety days, or by both such fine and imprison-
ment. (~2, Ord. 1862, 7-16-15).
15-213. Occupying room, etc., for immoral pur-
pose; man and woman not married to each other;
penalty. That any man and woman not married to
each other who shall lewdly and lasciviously abide
and cohabit together in the City of Salina, or who
shall whether on one or more occasions sleep in,
occupy or frequent the same house, building, apart-
ment, room or place for lewd and lascivious pur-
poses in the City of Salina, shall each be deemed
guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not more than One
Hundred Dollars ($100.00) or by imprisonment for
not more than thirty (30) days or by both such fine
and imprisonment. (~1, Ord. 2550, 7-18-22).
within the limits of the City of Salina, any persons
to any place within or without the limits of said
City for the purpose of permitting such persons to
engage in illicit or unlawful sexual intercourse. (~1,
Ord. 2836, 7-31-23; see also 14-641 to 14-644).
15-215. Taxi-cabs; use or permission for use for
immoral purposes. That it shall be unlawful for any
person owning, operating, driving or maintaining
any taxi-cab, automobile, or other vehicle or con-
veyance, to use or permit the same to be used for
the transportation, carrying or conveying, within the
City of Salina, of any persons to any place for the
purpose of engaging in illicit or unlawful sexual
intercourse, whether such sexual intercourse actually
takes place within or without the limits of said
City, or to permit or allow any persons to engage
in illicit or unlawful sexual intercourse in or on
such taxi-cab, automobile or other vehicle or con-
veyance, or any part thereof. (~2, Ord. 2836, 7-
31-23; see also ~~ 14-641 to 14-644).
15-216. Violation of Sees. 15-214 and 15-215;
penalty. That any person violating any of the pro-
visions of two preceding sections of this ordinance
or either of them shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined in any
15-214. Taxi-cabs; transporting persons for im- sum not less than $25.00 and not more than $100.00,
moral purposes. That it shall be unlawful for any or imprisoned not less than thirty days nor more
person to carry, transport, or convey, in any taxi-I than ninety days, or shall be subject to both such
cab, automobile or other vehicle or conveyance, fine and imprisonment. (~3, Ord. 2836, 7-31-23).
.
.
.
Ch. 15, Art. 3
MISDEMEANORS and OFFENSES.-Intoxicating Liquors.
179
ARTICLE 3.-lntoxicating Liquors.
15-301. Sale of liquors unlawful. It shall be un-
lawful for any person to sell or barter any spiritu-
ous, malt, vinous, fermented or other intoxicating
liquors, in the City of Salina. (~1, Ord. 1418 Amd.;
~1, Ord. 3074, 2-23-25).
(~2 Repealed).
15-302. Intoxicating liquors defined. All liquors
mentioned in Section 1 of this ordinance, and all
other liquors or mixtures thereof, by whatever name
they may be called, that will produce intoxication,
shall be held to be intoxicating liquors within the
meaning of this ordinance. (~3, Ord. 3074, 2-23-25).
15-303. Giving away deemed sale. The giving
away of intoxicating liquor, or any shift or device
to evade the provisions of this ordinance, shall be
deemed an unlawful selling within the meaning of
this ordinance. Ui4, Ord. 3074, 2-23-25).
15-304. Keeping place. It shall be unlawful for
any person to keep or maintain, or to aid, assist or
abet in keeping or maintaining, in this City, a place
where intoxicating liquors are sold, bartered or
given away in violation of the provisions of this
ordinance, or where persons are permitted to resort
for the purpose of drinking intoxicating liquors as
a beverage, or where intoxicating liquors are kept
for sale, barter or delivery, in violation of this ordi-
nance. (~5, Ord. 3074, 2-23-25).
15-305. Club rooms. It shall be unlawful for any
person, directly or indirectly, to keep or maintain
by himself or by associating or combining with
others, or in any manner to aid, assist or abet in
keeping or maintaining any club room or other place,
in this City, in which intoxicating liquors are kept
for the purpose of use, gift, barter or sale as a bev-
erage, or for distribution, or division among the
members of any club or association by any means
whatsoever; and any place so kept and maintained
shall be deemed to be a common nuisance. (~6, Ord.
3074, 2-23-25).
15-306. Common nuisances. All places where in-
toxicating liquors are sold, bartered or given away
in violation of the provisions of this ordinance, or
where persons are permitted to resort for the pur-
pose of drinking intoxicating liquors as a beverage,
or where intoxicating liquors are kept for sale, bar-
ter or delivery in violation of this ordinance, and
all intoxicating liquors, bottles, glasses, kegs, pumps,
bars and other property kept in and used in main-
taining such places, are herby declared to be com-
mon nuisances, and shall be abated as such as here-
inafter provided. (~7, Ord. 3074, 2-23-25).
15-307. Search warrants issued. Upon the filing
in the Police Court of a complaint under oath, charg-
ing that a place is kept or maintained as a common
nuisance by any person or persons, and that intoxi-
cating liquors, kegs, pumps, bars or other property
are kept or used therein in keeping or maintaining
such place as a common nuisance, a warrant shall
be issued, commanding the officer to whom it is
directed to arrest the person or persons charged or
described as the keeper or keepers thereof and to
search the place described in such complaint, and
seize and take into his custody all intoxicating li-
quors, bottles, pumps, glasses, kegs, bars and other
property described in said complaint which he may
find in such a place and safely keep the same sub-
ject to the order of the court. The complaint shall
describe the place to be searched with sufficient
particularity to identify the same, and shall de-
scribe the intoxicating liquors or other property al-
leged to be used in maintaining the same as particu-
larly as practicable; but any description, however
general, that will enable the officer executing the
warrant to identify the property to be seized shall
be deemed sufficient. Upon the return of the war-
rant the court shall proceed as in other cases against
the person or persons arrested. (~8, Ord. 3074,
2-23-25).
15-308. Liquors seized; how disposed of. When-
ever any intoxicating liquors or other property shall
be seized under such a warrant, whether an arrest
has been made or not, the Police Judge shall issue
a notice within forty-eight hours after the return
of the warrant, directed to the defendant or de-
fendants in such action, and to all persons claiming
any interest in the intoxicating liquors or other
property, fixing the time and place at which all
persons claiming any interest therein may appear
and answer the complaint made against such intoxi-
cating liquors or other property, and show cause,
if any they have, why the same should not be ad-
judged forfeited and ordered destroyed. The notice
shall be served upon the defendant or defendants in
the action by delivering a copy thereof to each de-
fendant, or by leaving a copy thereof at his usual
place of residence, if they be found within the juris-
diction of the court, and a copy thereof shall also
be posted in a conspicuous position on the place
where such property is seized. If at the time for
filing answer said notice has not been duly served,
or other sufficient cause appear, the time for an-
swering may be by the court extended, and such
other notice issued as will supply any defect in the
previous notice, and give reasonable time and op-
portunity for all persons interested to appear and
180
MISDEMEANORS and OFFENSES.-Intoxicating Liquors.
Ch. 15, Art. 8
answer. At or before the time fixed by notice, any
person claiming an interest in the intoxicating li-
quors or other property seized may file his answer
in writing, setting up his claim thereto, and shall
thereupon be admitted as a party defendant to those
proceedings against such liquors or other property.
The complaint and any answer or answers that may
be filed shall be the only pleadings required; and
at the time fixed for answer, or at any other time
then to be fixed by the court, a trial shall be had
in a summary manner before the court of the alle-
gations of complaint against the liquors or other
property seized, and whether any answer shall be
filed or not, it shall be the duty of the City Attor-
ney to appear and adduce evidence in support of
such allegations. (~9, Ord. 3074, 2-23-25).
15-309. Liquor destroyed. If the court shall find
that said intoxicating liquors or other property, or
any part thereof, were, at the time the complaint
was filed, being used in maintaining a common nui-
sance, he shall adjudge forfeited so much thereof
as he shall find was being so used, and shall order
the officer in whose custody it is to publicly de-
stroy the same; so much of said intoxicating liquors
and other property as the court shall find not to
have been used in maintaining a common nuisance
he shall order returned, by the officer in whose
custody it is, to the place, as nearly as may be, from
which it was taken, or delivered to the person estab-
lishing his claim to the same. If the court shall
find that any of the liquors or other property was
at the time the complaint was filed being used in
maintaining a common nuisance, and shall also find
that it was being used by any person served with
notice provided for in the previous section of this
ordinance, or by any person filing an answer, as in
said section provided, or that it was then owned by
any such person, and by him knowingly allowed to
be used, the court shall render judgment against
such person for costs of the proceedings against the
intoxicating liquors or other property so used or
owned by him. If the court shall not find that any
of such intoxicating liquors or property seized was
at the time the complaint was filed being used in
maintaining a common nuisance, or shall not find
that any of it was being so used or so owned and
allowed to be used by any person or persons served
with the notice aforesaid, or voluntarily becoming a
party as aforesaid, the costs of the proceedings
against such property shall be paid as in other
prosecutions for violations of City Ordinances.
Either the City or any defendant or other person
claiming the property seized may appeal from the
judgment of the court in any special proceedings
against property seized. Any claimant of such
property who appeals must, within ten days, enter
into an undertaking, with two or more sureties, to
the City of Salina, to be approved by the Police
Judge, in a sum not less than One Hundred Dollars,
nor less than double the costs adjudged against him,
conditioned that he will prosecute his appeal with-
out unnecessary delay and that if judgment be ren-
dered against him on appeal he will satisfy the
judgment and costs. No bond shall be required for
an appeal by the City, and such appeal shall stay
the execution of the judgment. (~10, Ord. 3074,
2-23-25) .
15-310. Persons leasing building; guilty. Any
person who knowingly permits any building or tene-
ment owned or leased by him, or under his control,
or any part thereof, to be used in maintaining a
common nuisance, or after being notified in writ-
ing of such use omits to take all reasonable meas-
ures to eject therefrom the person so using the
same, shall be deemed guilty of assisting in main-
taining such nuisance. (~11, Ord. 3074, 2-23-25).
15-311. Violation; penalty. Any person violating
any of the provisions of this ordinance shall upon
conviction be punished by a fine of not less than
One Hundred Dollars, nor more than Five Hundred
Dollars, and by imprisonment for not less than
thirty days nor more than six months for such of-
fense, and payment of the costs, and shall be com-
mitted to prison until such fine and costs are paid.
(~12, Ord. 3074, 2-23-25).
15-312. Possession of intoxicating liquor. It shall
be unlawful for any person within the corporate
limits of the City of Salina, Kansas, to keep or have
in his possession, for personal use or otherwise, any
intoxicating liquors, or permit another to have or
keep or use intoxicating liquors on any premises
owned or controlled by him, or to give away or fur-
nish intoxicating liquors to another, except drug-
gists or registered pharmacists as hereinafter pro-
vided. Any person violating the provisions of this
section shall be deemed guilty of a misdemeanor
and on conviction thereof shall be fined not less
than $100.00 nor more than $500.00, and imprison-
ment not less than thirty (30) days nor more than
six months. (~1, Ord. 2029, 3-9-17).
15-313. Transportation of intoxicating liquor. It
shall be unlawful for any common carrier, firm or
corporation or any other person for hire or without
hire to bring or carry into this City, or carry from
one place to another within this City, intoxicating
liquors for another or for himself or for itself, even
.
Ch. 15, Art. 3
MISDEMEANORS and OFFENSES.-Intoxicating Liquors.
181
when intended for personal use; and it shall be un-
lawful for any common carrier, its agent or em-
. ployee to deliver any intoxicating liquors that may
be in its possession to any person for any purpose
whatsoever. Any person violating any of the pro-
VISlOns of this ordinance shall, on conviction, be ad-
judged guilty of a misdemeanor and punished by a
fine of not less than $100.00 nor more than $500.00,
and by imprisonment not less than thirty (30) days
nor more than six months, and if a corporation, by
a fine of not less than $100.00 nor more than $500.00.
(~2, Ord. 2029, 3-9-17).
.
15-314. Liquors received from carrier or other
person. It shall be unlawful for any pel'son in this
City to receive, directly or indirectly, intoxicating
liquor from a common carrier or other carrier or
person, and it shall also be unlawful for any person
in this City to possess intoxicating liquors received
directly or indirectly from a common carrier, other
carrier or person. This section shall apply to such
liquors intended for personal use as well as other-
wise and to interstate as well as intrastate carriage.
Any person violating any of the provisions of this
section shall be deemed guilty of a misdemeanor
and on conviction shall be fined not less than $100.00
nor more than $500.00 and be imprisoned not less
than thirty days and not more than six months. (~3,
Ord. 2029, 3-9-17).
15-315. Wine for communion purposes excepted.
Nothing in this ordinance shall be construed to pre-
vent any regularly ordained minister or regular
priest of any church from receiving or possessing
wine for communion purposes or to prohibit any
common carrier from receiving such wine for ship-
ment and delivery to such regularly ordained minis-
ter or priest for such communion purposes; but the
person receiving such wine for communion purposes,
on receipt of the same, shall file with the common
carrier delivering such wine a statement setting out
the fact that the receiver of such wine is a regularly
ordained clergyman or priest, the church over which
he is pastor or priest, and that said wine is received
for communion purposes to be used in the church
over which he is pastor or priest, and said state-
ment shall be, by said common carrier filed with
the County Clerk of the county in which the de-
livery is made within ten days after being made
by the person receiving such wine. A common car-
rier delivering such wine without taking such state-
ment and any person making a false statement, shall
on conviction be adjudged guilty of a misdemeanor
and be punished by a fine of not less than $100.00
nor more than $500.00 and by imprisonment not less
.
than thirty (30) days nor more than six months.
(94, Ord. 2029, 3-9-17).
15-316. Not apply to wholesale or retail drug-
gists; conditions. Nothing in this ordinance shall be
construed as prohibiting any person, co-partnership
or corporation engaged in the wholesale drug busi-
ness and having a stock, exclusive of alcohol, of not
less than $20,000.00, from selling alcohol for me-
dicinal and scientific purposes to hospitals, schools
and manufacturers provided for in Section Six (6),
and to pharmacists who are actually and in good
faith engaged in the retail drug business and nothing
herein provided shall prevent any such person, co-
partnership or corporation engaged in the whole-
sale drug business from receiving alcohol in quan-
tities for the purpose of selling the same to regis-
tered pharmacists as hereinbefore provided; and
nothing herein contained shall be construed as pro-
hibiting a common carrier from delivering to such
person, corporation or co-partnership engaged in the
wholesale drug business or to such registered phar-
macists who are actually and in good faith engaged
in the retail drug business, the alcohol sold as above
provided for, provided that before any such alcohol
shall be delivered to any such registered pharma-
cists, such registered pharmacist must make and
file with the common carrier a statement setting
out that he is a registered pharmacist, and that he
is receiving the alcohol for the purposes herein
mentioned and no other, which statement shall be
filed with the County Clerk of the county wherein
the delivery is made within ten days from the date
of its filing with the common carrier; and provided,
further, that any common carrier who shall make
delivery to any registered pharmacist without the
statement above required, or shall make delivery to
any registered pharmacist without the statement
above required or who shall make delivery to such
pharmacist who shall receive any alcohol except as
herein provided, or who shall make any false state-
ment to said common carrier, and any person, co-
partnership or corporation engaged in the whole-
sale drug business as herein provided, who shall
receive or sell any alcohol except as herein provided,
shall on conviction be adjudged guilty of a misde-
meanor and be punished by a fine of not less than
$500.00 and not more than $2,000.00 and by imprison-
ment not less than sixty (60) days, nor more than
one year. (~5, Ord. 2029, 3-9-17).
15-317. Hospitals excepted. Nothing in this
ordinance shall be construed as prohibiting any reg-
ularly established hospital, that is engaged in car-
ing for the sick or injured, or any school providing
182
MISDEMEANORS and OFFENSES.-Intoxicating Liquors.
. Ch. 15, Art. 3
a medical, scientific or mechanical course, or any
person, company or corporation regularly engaged
in manufacturing, from buying, receiving and pos-
sessing such amounts of alcohol as are necessary
for their respective needs for medicinal, mechanical
and scientific purposes only; and nothing herein
contained shall be construed as prohibiting a com-
mon carrier from delivering to the above mentioned
hospital, schools or manufacturers, or their author-
ized agent, the alcohol as herein provided for; pro-
vided, that before any such alcohol shall be deliv-
ered to any such hospital, school or manufacturer,
or authorized agent, such hospital, school or manu-
facturer or authorized agent, shall make and file
with the common carrier a statement setting out
the character of the institution and the fact that the
alcohol so received is for purposes herein mentioned
and no other; which statement must be filed with
the County Clerk of the county where such deliv-
ery is made, within ten days from the date of its
filing with the common carrier. A common carrier
delivering such alcohol without taking such state-
ment and any person making a false statement,
shall on conviction, be adjudged guilty of a misde-
meanor and be punished by a fine of not less than
$10"0.00 nor more than $500.00 and imprisonment of
not less than thirty (30) days nor more than six
months; Provided further, any person, company or
corporation permitted to receive alcohol for medi-
cinal, mechanical or scientific purposes as hereinbe-
fore set forth, that shall sell, give away or permit
to be sold, given away or carried away, alcohol se-
cured for purposes herein mentioned, shall be guilty
of a misdemeanor and upon conviction thereof shall
be fined in a sum of not less than $100.00 nor more
than $500.00 and such person, company or corpora-
tion so convicted, shall, in addition to punishment
above described, forfeit the right, from the date of
such conviction, to purchase, secure or have on hand
any alcohol. (~6, Ord. 2029, 3-9-17).
15-318. Manufacture of intoxicating liquor; un-
lawful. That it shall be unlawful for any person to
manufacture or to aid, assist or abet in the manu-
facture of any spirituous, malt, vinous, fermented
or other intoxicating liquor or liquors in the City
of Salina, Kansas. (~1, Ord. 2379, 3-26-1921).
15-319. Violation of Sec. 15-318; penalty. Any
person convicted of a violation of Section 1 of this
ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in any
sum not less than $100.00 and not more than $500.00
and shall be imprisoned in the City jail for not less
than 30 days nor more than 90 days. (~2, Ord.
2379, 3-26-1921).
.
ARTICLE 4.-Narcotic Drugs.
MISDEMEANORS anJ OFFENSES.-Narcotic Drugs.
183
Ch. 15, Art. 4
15-401. Drugs; possession or sale unlawful. That
it shall be unlawful for any person to keep or have
in his possession or under his control for personal
use or otherwise any opium, coca leaves, or any
compound, salt, derivative or preparation thereof or
any other narcotic including morphine, heroin, co-
caine or codein, and such possession shall be pre-
sumptive evidence of the violation of this ordinance;
or to permit another to have or keep or use any of
said drugs upon any premises owned by or controlled
by him, or to sell, give away or furnish any of said
drugs to another, except physicians, dentists, veter-
inary surgeons, and registered pharmacists as here-
inafter provided. (~1, Ord. 2916, 1-28-24).
.
. 15-402. Exceptions; physicians, druggists, etc.;
prescriptions. Nothing in the preceding section here-
of shall apply to the sale or giving away of any of the
drugs mentioned therein in pursuance of a written
order of the person to whom such articles are sold
or given, on a blank to be issued for that purpose
by the Commissioner of Internal Revenue of the
United States. Nor shall anything in said preced-
ing section apply to the dispensing or distribution
of any of the aforesaid drugs to a patient by a
physician, dentist or veterinary surgeon registered
under the laws of the State of Kansas in the course
of his professional practice only, provided that said
physician, dentist, or veterinary surgeon shall keep
a record of all such drugs dispensed or distributed
in accordance with the provisions of Section 65-616
of the Revised Statutes of Kansas, 1923; nor shall
anything in said preceding section apply to the sale,
dispensing or distribution of any of the aforesaid
drugs by a registered pharmacist to a consumer un-
der and in pursuance of a written prescription by a
physician, dentist or veterinary surgeon registered
under the laws of the State of Kansas; Provided
.
however, that such prescription shall be dated as of
the day on which it is signed and shall be signed
by the physician, dentist or veterinary surgeon, who
shall have issued the same, and provided further,
that such registered pharmacist shall preserve such
prescription on the blank provided for by Section
65-616 of the Revised Statutes of Kansas, 1923. (~2,
Ord. 2916, 1-28-24).
15-403. Exceptions; amount of drugs in prescrip-
tions. The provisions of this ordinance shall not be
construed to apply to the sale, distribution, giving
away, dispensing or possession of preparations or
remedies which do not contain more than two grains
of opium, or more than one-fourth of a grain of
heroin, or more than one grain of codeine, or deriva-
tive of any of them in one fluid ounce, or, if a solid
or semi-solid preparation, in one avoirdupois ounce;
or to liniments, ointments, or other preparations
which are prepared for external use only, except
liniments, ointments and other preparations which
contain cocaine or any of its salts or alph- or beta-
eucaine or any of their salts or any synthetic sub-
stitute for them, Provided that such remedies and
preparations are sold, distributed, given away, dis-
pensed and possessed as medicines and not for the
purpose of evading the intentions and provisions of
this act. The provisions of this ordinance shall not
apply to decocainized coca leaves or preparations
made therefrom or to other preparations of coca
leaves which do not contain cocaine. (~3, Ord. 2916,
1-28-24) .
15-404. Violation; penalty. Any person violating
any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon convic-
tion thereof shall be fined in any sum not exceeding
$500.00 or be imprisoned in the City jail for a term
not to exceed six months or shall be subject to both
such fine and imprisonment. (~4, Ord. 2916, 1-28-24).
.
Ch. 16,
CHAPTER 16.-NUISANCES.
(See 13-436, G. S. 1935)
(For other Nuisances, see General Index under head
of Nuisances.)
.
16-101. Committing nuisance; penalty; order of
abatement. That any person or persons who shall
commit or cause to be committed any public nuisance
upon any street, avenue, alley or public place of the
City or to commit or cause to be committed or know-
ingly permit any public nuisance upon any prem-
ises within the City limits owned or occupied by
such person or persons, or if any person or persons
shall commit or cause to be committed any public
nuisance upon any lands or premises within the City
limits not owned by such person or persons, or do
or commit any act which shall have been by ordi-
nance declared to be a public nuisance, every person
so offending shall on conviction be fined in any sum
not exceeding $100.00 and the Police Judge shall
make an order for the immediate removal or abate-
ment of the nuisance if still existing, a part of the
judgment and necessary expense of such removal
or abatement shall be taxed and collected with the
other costs in the case. (923, Ord. 635, 3-7-1888;
Amending Ord. 38).
16-102. When abated at expense of City. When-
ever any offense against the provisions of this ordi-
nance shall come to the knowledge of the City Mar-
shal if the person or persons offending be unknown
to him or out of the jurisdiction of the Police Court
of the City, he shall forthwith cause the nuisance
to be removed or abated at the expense of the City.
(S5, Ord. 38).
16-103. Rank grass, etc.; standing water; nui-
sances; penalty. That rank grass, weeds and other
vegetation growing, standing or being upon any lot,
parking or parcel of ground within the corporate
limits of the City of Salina, Kansas, and any pond
or ponds of water standing upon any lot or parcel
of ground within the corporate limits of said City,
are hereby declared to be public nuisances; and any
person who shall knowingly permit such 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 non-
resident, shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be fined in any
sum not exceeding ten dollars; and such nuisances
may be removed and abated as herein provided. (Sl,
Ord. 1911, 7-20-1903).
.
NUISANCES.
185
16-104. Same; how abated. Whenever the Sani-
tary and Health Officer of the City Council of such
City shall file with the City Clerk its statement in
writing that such nuisance, rank vegetation or pond
of water, describing the same and where located,
is a nuisance and dangerous to the health of the
inhabitants of the City, or of any neighborhood,
family or resident of the City, and such statement
shall be approved by the City Council, the clerk
shall forthwith issue notice requiring the owner or
agent of the owner of the premises upon or in front
of which such nuisance is situate to remove and
abate from said premises the thing or things therein
described as a nuisance, within a time to be speci-
fied in the notice; said notice shall be served by the
City Marshal by delivering a copy thereof to the
owner or agent of such property, or, if a non-resi-
dent, then by mailing a notice to his last known
address; and if such owner or agent shall fail or
neglect to comply with the requirements of such
notice for a period of ten days, then the City shall
have the thing or things described in said notice
as a nuisance, removed and abated from said lot or
parcel of ground, and the cost of such removal and
abatement shall be assessed and charged against the
lot or parcel of ground on which said nuisance was
located; and the City Clerk shall, at the time of
certifying other City taxes to the County Clerk,
certify the aforesaid costs, and the County Clerk
shall extend the same on the tax-roll of the county
against said lot or parcel of ground, and it shall be
collected by the County Treasurer and paid to the
City as other taxes are collected and paid. (92,
Ord. 1911, 7-20-1903; see 920-202).
16-105. Animals, fowls; running at large; nui-
sance. All horses, mules, cattle, sheep, goats, hogs,
chickens, ducks, turkeys, geese or other fowl run-
ning at large are hereby declared to be a public nui-
sance, and any person who shall knowingly permit
any such animal or fowls to run at large shall be
deemed guilty of a misdemeanor, and shall upon
conviction be punished as provided by Section 23 of
Ordinance No. 635 of said City of Salina. (S4, Ord.
636, 3-7-88; see 16-101).
16-106. Barbed wire in city prohibited. The mak-
ing of any enclosure with or by means of barbed
wire within the corporate limits of said city is here-
by declared to be a public nuisance, and the erec-
tion, keeping and maintaining the same is hereby
prohibited under the penalty of Section 23 of Ordi-
nance No. 635 of said City of Salina. (95, Ord. 636,
3-7-88; see 16-101).
186
NUISANCES.
Ch.16,
16-107. Nuisances; how abated. Whenever the
existence of any nuisance shall come to the knowl-
edge of the City Marshal, if the person or persons
offending be unknown to him or out of the juris-
diction of the police court of the city, he shall
forthwith cause the nuisance to be removed or abated
at the expense of the city. (~7, Ord. 636, 3-7-88).
NOTE: For Section 23, Ordinance No. 635, see
~16-101.
16-108. Smoke ordinance; application. That this
ordinance shall apply to all buildings now located
within the fire limits, and to all buildings hereafter
erected within the fire limits as now or hereafter
established, and to all buildings hereafter erected
outside of the fire limits as now or hereafter estab-
lished except private residences designated for oc-
cupancy by not more than two families. (~1, Ord.
3524, 4-28-28).
16-109. Dense smoke; public nuisance; penalty;
defenses. The emission or discharge into the open
air of dense smoke within the corporate limits of
the City of Salina from any locomotive, steam roller,
steam derrick, steam pile driver, tar kettle or simi-
lar machines or contrivances, or from any build-
ing or premises excepting for an aggregate of six
minutes in one hour, and then only while the fires
are being cleaned, is hereby declared to be a public
nuisance, which may be abated in the manner as
other public nuisances. Any person, firm or corpor-
ation owning or causing to be operated any locomo-
tive, steam roller, steam derrick, steam pile driver,
tar kettle or similar machines or contrivances, and
the owners, lessees, occupants, managers or agents
of any building or premises from which dense smoke
is emitted or discharged within the corporate limits
of the City of Salina except as hereinbefore provided,
shall be deemed guilty of a violation of this section
and upon conviction thereof shall be fined not less
than twenty-five dollars or more than one hundred
dollars, and each day during which such smoke
shall be emitted or discharged shall constitute a sep-
arate offense; provided, however, that in any suit
or proceeding under this section it shall be a good
defense if the person charged with the violation
thereof shall show to the satisfaction of the jury
or court trying the facts, that there is no known
practicable device, appliance, means or method by
appliance, means or method by application of which
to his building, establishment, premises, locomotive,
steam roller, steam pile driver, tar kettle or similar
machines or contrivances, the emission or discharge
into the open air of the dense smoke complained of
in that proceeding could have been prevented. (~2,
Ord. 3524, 4-28-28).
16-110. Same; furnaces; specifications submitted
to building inspector. Every furnace must be so
constructed as to effectively prevent the emission
of dense smoke or must have attachments which
will effectively accomplish such results. Complete
plans and specifications for the erection of new fur-
naces, breeching and stacks for producing light,
heat or power, for the reconstruction or alteration
of old furnaces, breeching and stacks for such pur-
poses must be submitted in duplicate and approved
by the Building Inspector, before the work of erec-
tion, reconstruction or alteration is begun. When
said Inspector has issued a permit as above pro-
vided he shall keep on file in his office an approved
copy of said plans and specifications, and shall see
that such construction, reconstruction or alteration
is carried out according to the approved plans and
specifications. (~3, Ord. 3524, 4-28-28).
16-111. Boiler Plants; requirements. It shall be
unlawful for any person to use any new or recon-
structed boiler plant for the production and genera-
tion of light, heat or power until the Building In-
spector shall have issued a certificate to the owner
or user showing that the construction or reconstruc-
tion is in compliance with the provisions of this
article. All owners or users of boiler plants for
producing light, heat or power before making any
alteration, change or addition to any furnace, de-
vice or chimney, shall first submit to said Inspector
plans and specifications covering the work contem-
plated and secure a permit from him, provided, how-
ever, that minor necessary repairs which do not
make any substantial change affecting smoke emis-
sion, may be made by or under the direction of the
engineer in charge of said plant without a permit.
(~4, Ord. 3524, 4-28-28).
16-112. Inspections; fees. The Building Inspec-
tor shall collect the following fees and issue re-
ceipts therefor: For inspection of plans for the con-
struction or re-construction of boiler plants, or for
inspection of plans for repairs or alternations, one
dollar; for examination of plant after its construc-
tion, reconstruction or alteration, and before its
operation, two dollars. The fee paid for the inspec-
tion or examination shall include the issuance of
a permit or certificate in case such permit or cer-
tificate is granted. The provisions of the ordinances
with respect to certificates for boiler inspections
shall apply to the above mentioned receipts. The
issuance and delivery by the Inspector of any per-
mit or certificate shall not be held to exempt any
person or corporation to whom any such permit has
been issued or delivered, or who is in possession of
.
Ch. 16,
NUISANCES.
187
any such permit, .from prosecution on account of
the emission or issuance of dense smoke, caused or
permitted by any such person or corporation. (~5,
Ord. 3524, 4-28-28).
16-113. Inspection of premises; interference; pen-
alty. The Building Inspector and his deputies are
hereby authorized, in the performance of their du-
ties, to enter at all reasonable hours upon and into
any buildings, establishments, premises and enclos-
ures in or from which they may believe that the
provisions of the ordinance of the City of Salina
or of any act of the Legislature of the State of
Kansas, relating to smoke abatement have been or
are being violated, and to inspect or examine such
buildings, establishments, premises or enclosures in
order to ascertain whether or not there is any known
practicable device, appliance, means or method by
which the emission or discharge of dense smoke
therefrom could have been gr could be prevented.
Any person who shall interfere with the Inspector
or any of his deputies or employes, in the discharge
of their duties, or shall hinder or prevent him or
any of his deputies or employes from entering into
or upon, or from inspecting any buildings, estab-
lishments, premises or enclosures in the discharge
.
.
of their duties shall be deemed guilty of a misde-
meanor and upon conviction thereof shall be subject
to a fine of not less than twenty-five dollars nor
more than one hundred dollars for each offense.
(96, Ord. 3524, 4-28-28).
16-114. Police force to report violations. It is
hereby made the duty of all patrolmen and officers:
of the police force of the City to assist said Build-
ing Inspector and his deputies in the performance
of their duties and to report to the Chief of Police
all violations of the ordinances directed against the
emission of dense smoke coming to their knowledge.
It shall be the duty of said Chief of Police to re-
port violations to said Inspector as soon as practica-
ble after such reports are received by him. (~7,
Ord. 3524, 4-28-28).
16-115. Violations of Sees. 16-110 to 16-114; pen-
alty. Any violation of the provisions of this ordi-
nance for which a penalty is not provided shall be
deemed a misdemeanor and the person, firm or cor-
poration guilty thereof shall upon conviction be sub.
ject to a fine of not less than twenty-five dollars
nor more than one hundred dollars for each offense.
(~8, Ord. 3524, 4-28-28).
.
.
Ch. 17, Art. 1
P ARKS.-Kenwood.
189
CHAPTER 17.-P ARKS.
Article l.-Kenwood Park.-17-101 to 17-108.
2.-Riverside Park.-17-201 to 17-204.
3.-0akdale Park.-17-301 to 17-318.
4.-Park in Highland Court (Sunset Park)
-17-40l.
5.-City Park.-17 -SOl.
G.-Thomas Park.-17-60l.
ARTICLE 1.-Kenwood Park.
(Published in Salina Daily Union, Aug. 11, 1917)
ORDINANCE NO. 2076
An Ordinance providing for the acquiring by pur-
chase for park purposes that tract or parcel of land
known as Kenwood Park.
17.101. Special election. Whereas at an election
duly held in the City of Salina, Kansas, upon the
3rd day of April, 1917, there was submitted to the
qualified electors of the said City the proposition of
whether or not the Mayor and Councilmen of the
City of Salina, Kansas, should be authorized to issue
the bonds of the said City in the sum not to exceed
Thirty Thousand Dollars for the purpose of acquir-
ing for park purposes that tract or parcel of land
known as Kenwood Park, and
Whereas at such election a majority of votes cast
thereat upon said proposition were cast in favor of
authorizing the said Mayor and Council to issue said
bonds in the sum for such purpose, now therefore:
Be It Ordained by the Mayor and Councilmen of the
City of Salina:
17-102. Purchase of Kenwood Park authorized.
91. That that tract or parcel of land known as
Kenwood Park should be and the same is hereby
purchased of and from J. J. Geis the present owner
for the sum of Thirty Thousand Dollars to be paid
upon the execution and delivery of a good and suffi-
cient warranty deed conveying the said property to
the City of Salina, Kansas, to be used as a public
park.
17.103. Take effect. 92. This ordinance shall
take effect and be in full force from and after its
publication once in the official City paper.
Passed and approved this 6th day of August, 1917.
Edd Mathews, Mayor.
Attest: Chas. E: Banker, City Clerk.
(Published in the Salina Daily Union, October 6th,
1917).
ORDINANCE NO 2095.
An Ordinance providing for the purchase of certain
land and providing for the payment therefor.
.
17-104. Additional land for Kenwood Park.
Whereas it is deemed advisable by the Mayor and
Councilmen of the City of Salina to acquire for the
improvement of Kenwood Park, that tract or lot of
land in Saline County, Kansas, described as follows,
to-wit:
A part of lot seven (7) in Surveyors Plat "C" de-
scribed by metes and bounds as follows :-Commenc-
ing at a point 718 feet East and 164lh feet South
of the Northwest corner of the junction of Center
Street in Beebe's Second addition to Salina, and the
County road running South from the South end of
Fourth Street at a stake 50 feet West of the Center
of a Ravine, thence in a Northerly direction down
said Ravine on a line parallel with the center of
said ravine and 50 feet distant therefrom 450 feet
to the center of the channel of the Smoky Hill River,
thence up said channel in an easterly direction 50
feet; thence in a southerly and southwesterly di~
rection up the center of the channel of said ravine
to a point due East of the place of beginning, thence
West to the place of beginning, thence from said
point in a southerly direction (on a line, which if
extended across the County Road, now Prescott
Avenue would strike the Northeast corner of Block
2 in Van Trines Addition to Salina, Kansas) to
the north line of the County road, now Prescott
Avenue, thence East along a hedge fence to a stake
in the center of the channel of said ravine, thence
in a northerly direction down the center of the chan-
nel of said ravine to a point 50 feet East of the
place of beginning, thence west to the place of be-
ginning, said last named point being also the south-
east corner of lot 12 in Smith and Colvarts addi-
tion to Salina, Kansas. The foregoing tracts of
land are located in the east one-half of the south-
west quarter of Section 13, Township 14, South of
Range 3 West of the 6th P. M.
And whereas, the owners, Alfred Bertram Walter
and Roberta J. Walter have agreed to sell said land
to the City of Salina for the sum of $250.00, and
Whereas, in the judgment of the Mayor and Coun-
cilmen it is necessary to acquire the same in order
to properly improve and utilize Kenwood Park and
that the value of the land is equal to the purchase
price asked therefor; now therefore
Be It Ordained by the Mayor and Councilmen of the
City of Salina:
17-105. Purchase authorized. 91. That the City
of Salina, Kansas, should and does hereby purchase
from Alfred Bertram Walter and Roberta J. Wal-
ter all of that tract or lot of land hereinbefore de-
scribed, the same to be used for the purpose of ac-
190
P ARKS.--Kenwood.
quiring an entrance and otherwise improving Ken-
wood Park to be used for park purposes in the said
City at a price of $250.00.
17-106. Appropriation. ~2. That there be and
is hereby appropriated out of the park fund in the
hands of the City Treasurer of the City of Salina,
Kansas, the sum of $250.00 to be paid to Alfred
Bertram Walter and Roberta J. Walter, the owners
of the herein described tract of land upon the exe-
cution and delivery to the proper officers of the City
of Salina, Kansas, of a good and sufficient war-
ranty deed conveying all of the above described
real estate in said City.
17 -107. Take effect. ~3. This ordinance shall
take effect and be in full force from and after its
publication once in the official City paper.
Passed and approved this October 1, 1917.
Edd Mathews, Mayor.
Attest: Chas. E. Banker, City Clerk.
LEASE
17-108. Lease of Kenwood Park for Free Fair.
This Agreement, made and entered into this 12th
day of August, 1929, by and between the City of
Salina, a municipal corporation of Saline County,
Kansas, party of the first part and the County of
Saline in the State of Kansas, party of the second
part, Witnesseth:
That Whereas, the party of the first part is the
owner of Kenwood Park in the City of Salina, Kan-
sas, a map or plat of which is attached hereto, made
a part hereof and marked Exhibit "A", which park
is suitable to be used for a fair grounds; and
Whereas, said party of the second part desires to
establish and maintain a county owned and oper-
ated free fair, pursuant to the provisions of Chap-
ter 1, of the Laws of Kansas, 1929; and Whereas,
in consideration of the mutual covenants and agree-
ments hereinafter contained, the party of the first
part desires to lease to the second party a part of
said Kenwood Park for the purpose of the estab-
lishment and maintenance of a county owned and
operated free fair by said second party; Now There-
fore
In consideration of the sum of One Dollar paid
by second party to first party the receipt of which
is hereby acknowledged, and of the payment of a
like sum each year hereafter by the second party
to the first part, on demand of first party, as and
for the annual rent of the premises herein described
and of other valuable considerations, to-wit, the levy
of a tax by second party for the maintenance and
Ch. 17, Art. 1
operation of each fair, each year during the term
of the lease, said first party does hereby let and
lease unto the second party for a term of 43 years
from and after the 21st day of March, 1929, Ken-
wood Park as shown on the plat thereof which is
attached hereto and marked Exhibit "A", for the
use thereof by second party for the establishment
and maintenance of a county owned and operated
free fair.
It is further agreed, as a part of the considera-
tion for this lease, between the parties hereto, that
the party of the first part shall have, and it hereby
reserves, the right to use the premises hereby leased
for public park purposes, and for other purposes
not inconsistent therewith, at any and all times ex-
cept such times as will or might conflict with the
use of said premises by the second party in the
maintenance and operation of such county owned
and operated free fair, but the first party shall not
have the right to use the buildings erected by sec-
ond party except with the consent of second party,
and the first party shall have the right to erect in said
premises any and all buildings or structures which
will not interfere with such use by the second party,
provided that any building or structures so erected
thereon by the first party may be used by second
party at any time in connection with such free fair,
without compensation to the first party.
The title to all buildings or structures erected
on said premises by the second party shall be and
remain the property of the second party, and may
be removed by second party at the expiration of
the lease, and second party shall have the right
of ingress and egress over first party's land for
such purpose, and the title to all buildings or struc-
tures erected on said premises by first party shall
be and remain the property of first party.
In Witness Whereof, the parties hereto have each
duly caused this instrument to be executed by their
proper officers, thereunto duly authorized and their
corporate seals to be affixed hereto, the day and
year first above written.
THE CITY OF SALINA,
By Guy T. Helvering, Mayor.
Attest: Chas. E. Banker, City Clerk.
THE COUNTY OF SALINE, STATE OF KANSAS,
By Wm. C. Battersby,
H. C. Carney,
Swan Nelson,
County Commissioners.
Attest: Catherine Baird, County Clerk.
.
Ch. 17, Art. 2, 3
P ARKS.-Riverside; Oakdale.
191
.
ARTICLE 2.-Riverside Park.
(Published in the Salina Evening Journal, April 26,
1920).
ORDINANCE NO. 2332
An Ordinance relating to the purchase of Reserve
Number Two (2) in Riverside Park Addition to the
City of Salina, Kansas, to be used for park purposes.
17 -201. Special election. Whereas, at an election
duly held in Salina, Kansas, upon the 6th day of
April, 1920, the qualified electors of said City voted
in favor of the purchase of Reserve Number Two
(2) in Riverside Park Addition to the City of Salina,
Kansas, to be used for park purposes, and that the
City pay therefor the sum of Five Thousand
($5,000.00) Dollars; and did upon said day author-
ize the Mayor and Council of said City to issue the
bonds of said City in said sum for such purpose,
now, therefore,
Be It Ordained by the Mayor and Council of the
City of Salina:
17-202. Purchase authorized. S1. That the City
of Salina, Kansas, should and it does hereby pur-
chase of and from P. L. Gebhart, to be used for park
purposes, Reserve Number Two (2) Riverside Park
Addition to the City of Salina, Kansas, at and for
the price of Five Thousand Dollars.
17-203. Bonds delivered. S2. Upon the execu-
tion and delivery of a good and sufficient deed of
general warranty with abstract showing merchan-
table title in said P. L. Gebhart, the Mayor and
City Clerk are hereby authorized, directed and em-
powered to turn over and deliver unto P. L. Geb-
hart the bonds of said City of Salina, Kansas, in
the sum of Five Thousand ($5,000.00) Dollars; bear-
ing interest at the rate of four and one-half (4lh)
per cent per annum, payable semi-annually, said
bonds to be dated May 1st, 1920, and due five (5)
years after said date.
17 -204. Take effect. S3. This ordinance shall
take effect and be in full force from and after its
publication once in the official City paper.
Passed and approved this 19th day of April, 1920.
Edd Mathews, Mayor.
Attest: Charles E. Banker, City Clerk.
ARTICLE 3.-0akdale Park.
The legal title to Oakdale Park is vested in the
Board of County Commissioners of Saline County,
Kansas, as trustees for the Saline County Agri-
cultural, Horticultural and Mechanical Association
in accordance with the terms of deeds from the
.
owners of said land record in the office of the Regis-
ter of Deeds in Saline County, Kansas, in book Q,
pages 476 and 478. The use of said park as a City
park was acquired by lease entered into by all of
the interested parties on March 21st, 1922, said lease
being recorded in the office of the Register of Deeds
in Saline County in book T of Contracts, page 49,
a copy of which is as follows:
LEASE AND AGREEMENT.
17-301. Parties. This agreement made and en-
tered into in triplicate upon this 21st day of March,
1922, by and between the Saline County Agricul-
tural, Horticultural and Mechanical Association, a
corporation, hereinafter referred to as the party of
the first part; the Board of County Commissioners
of Saline County, Kansas, as trustees in the manner
hereinafter mentioned, hereinafter called the parties
of the second part; the County of Saline in tHe
State of Kansas, hereinafter called the party of the
third part; and the City of Salina, Kansas, a muni-
cipal corporation, hereinafter referred to as the
party of the fourth part; witnesseth:
That, whereas the party of the second part owns
the legal title to and holds in trust for the benefit
and to the use of the first party hereto, a certain
tract or parcel of land situate within the corporate
limits of said City of Salina, in Saline County, Kan-
sas, commonly known and called and hereinafter
referred to as Oakdale Park, and being more parti-
cularly described as follows, to-wit:
17 -302. Legal description. All of the several
tracts of land mentioned in the following descrip-
tion numbered one, two and three respectively, viz:
Number One. Commencing at the Northwest
corner of the Southeast Quarter of Section 13, Town-
ship 14, Range 3 west, thence east on the Quarter
Section line 8 chains to the center of the Smoky
Hill River; thence southwesterly down the center
of the channel of the River to a point where the
west boundary line of the Southeast Quarter of Sec-
tion 13, Township 14, Range 3 West, intersects said
River; thence north 6 chains to the place of begin-
ning. Containing 2.4 acres, more or less, in the
northwest part of the Southeast Quarter of Section
13, Township 14, Range 3 West, which lies north
and west of the center of the channel of the Smoky
Hill River.
Number Two. Commencing at the northeast corner
of the Southwest Quarter of Section 13, Township
14, Range 3 West, running thence due south to the
center of the Smoky Hill River; thence down the
center of the channel of said River to a point where
192
P ARKS.-Oakdale.
. Ch; 17, Art; 3
said River intersects the north boundary line of the
Southwest Quarter of said Section, thence east to
the place of beginning, being all that part of the
Southwest Quarter of Section 13, Township 14,
Range 3 West included in Oakdale Park.
Number Three. A part of the Northeast quarter
of Section 13, Township 14, Range 3 West, described
as follows, viz: Commencing at a point 45 feet
south of 27 feet east from the Southeast corner
of Block 15 in Oak dale Addition to the City of Salina,
thence running south to the center of the channel
of the Smoky Hill River; thence down said river
to its intersection with the south line of said Quar-
ter Section; thence west 528 feet on the Quarter
Section line of the Southwest corner of the North-
east Quarter of Section 13, Township 14, Range 3
West; thence north on the quarter section line 825
feet to the center of the channel of the Smoky Hill
River; thence down said channel 100 feet; thence
east to a point 70 feet west from the west line of
Block 15 in said Oakdale Addition, thence south 184
feet; thence east parallel with the south line of
said Block 15 in Oakdale Addition to the place of
beginning.
Also the following described lots situate in the
City of Salina according to the original plat of said
City now on file and of record in the office of the
Register of Deeds in and for said County of Saline
and State of Kansas, viz. 82, 84, 85, 87, 88, 89, 90,
91, 92, 93, on Front Street, Lots 169, 171, 173, 175,
177, 179, 181, 183, 185, 187, 176, 178, 180, 182, 184,
186, 188, on Second Street, 181 on Third street.
17-303. Ownership; premises of lease. And where-
as, the beneficial interest and management, use, oc-
cupancy, enjoyment and control of said Oakdale
Park, for agricultural fair purposes, is vested in the
party of the first part, which party is financially
unable properly to equip, maintain, improve and care
for said park to said first party's best advantage,
Whereas, the party of the fourth part is desirous
of acquiring the right to use said Oakdale Park for
general City Park purposes for the benefit of the
City of Salina and the public generally, in a man-
ner, however, which will not contravene or defeat
the terms or uses of the trust under which said park
is now owned and held, and in return therefor is
willing as hereinafter provided to assist in improv-
ing and maintaining the grounds of said park for
the benefit of all parties to this agreement, and
Whereas, the County of Saline in the State of
Kansas, the party of the third part hereto,. is en-
abled by law to expend money to equip, improve
and maintain the buildings and structures in said
park, situate, for use for agricultural fair purposes
and to construct and maintain other buildings and
structures herein from time to time, as necessary
and desirable for said purposes,
Now, therefore, in consideration of the premises
and in further consideration of the mutual promises,
covenants and agreements of the parties hereto as
hereinafter set out and contained, it is hereby mu-
tually covenanted and agreed between said parties
and with one another as follows, to-wit:
17 -304. Term. .1. That the parties of the first
and second parts do hereby let and lease unto the
party of the fourth part, said Oakdale Park and the
appurtenances thereto, as hereinbefore more particu-
larly described, for general public City park pur-
poses for the term of 50 years, commencing from
the 21st day of March, 1922, and ending upon the
21st day of March, 1972, said park including its
structures and buildings to be freely occupied and
used by the party of the fourth part as a free,
public City park during the term mentioned and
limited, and the privilege of renewal for such fur-
ther time as may be agreed upon by the parties to
the within agreement.
17 -305. Reservations; use by first party. 2. It
is understood and mutually agreed that the parties
of the fourth and second parts hereby strictly re-
serve unto the party of the first part said party's
right and privilege to the occupancy, enjoyment and
use of said Oakdale Park and all of its buildings,
structures and appurtenances for the holding of agri-
cultural fairs and entertainments to the same ef-
fect and extent as said park and its appurtenances
has been for said purposes heretofore occupied and
used by the party of the first part, and that the oc-
cupancy, enjoyment and use thereof by the party
of the fourth part shall always be subject to and
shall not interfere with said first party's purpose
aforesaid for a period of not to exceed over 30 days
for the holding of said fairs and entertainments each
year and that nothing herein contained shall be
construed to contravene or defeat the terms and
uses of the trust under which said Oakdale Park
is owned and held.
17-306. Improvement and beautification. 3. The
said party of the fourth part, for the considerations
heretofore mentioned, and particularly in consider-
ation of the granting of the privileges extended
herein to use, occupy and enjoy said Oakdale Park
for the purposes granted, hereby agrees to and shall
hereafter at its cost and expense tend, care for and
.
.
.
~Ch...17 , ArL:3
P ARKS.-Oakdale.
19:1
maintain the grass, shrubbery, flowers, trees and
grounds of said Oak dale Park in good condition and
shall from time to time as necessary and at its cost
and expense beautify and improve the grounds of
said park by planting and maintaining grass, flow-
ers, shrubs and trees therein, to the end that said
park may be maintained in a beautiful and attrac-
tive manner; and for the same consideration the
party of the fourth part covenants and agrees that
it will, at its cost and expense, improve and main-
tain the walks, drives, tourist camping grounds,
children's play grounds and athletic grounds of said
park furnishing the necessary equipment therefor,
and at its expense shall furnish lighting and water
facilities for said park and shall properly police the
same and its environs. At any time during the
within lease that the camping grounds and athletic
grounds within Oakdale Park be removed by the
City of Salina, party of the fourth part, from said
Oakdale Park, to other locations, thence in that case,
the party of the fourth part, which is the City of
Salina, shall be released from keeping up the camp-
ing grounds and athletic grounds in said Oakdale
Park.
17-307. Buildings repaired and maintained. 4. The
party of the third part for the consideration here-
inbefore mentioned and particularly in consideration
of the obligation of the party of the fourth part to
improve, equip and maintain the grounds of said
park as hereinbefore provided for, whereby the same
is made more desirable, useful and valuable for agri-
cultural fair purposes and for the purpose of the
trust under which said park is owned and held,
hereby agrees with the other parties hereto that
it will, within a reasonable time hereafter, at its
own cost and expense put all of the buildings and
structures situate within said Oakdale Park, includ-
ing Claflin Hall, in a good state of repair, and will
during the life of this agreement equip and main-
tain said buildings and structures in good repair,
will provide and pay for adequate fire and tornado
insurance thereupon and will from time to time, at
its expense, construct and provide new buildings and
structures and similar improvements as may be nec-
essary and desirable for fair purposes, its duty in
regard to the building of new structures and im-
provements to be determined, however, as herein-
after provided for.
17 -308. Free use for park purposes; charge for
special amusements. 5. It is hereby mutually under-
stood and agreed that the use and occupancy of said
park for public City park purposes shall always,
during the life of this agreement, except as herein-
after stipulated, be free of cost and extended to the
entire public and that the use and enjoyment thereof
for all park and other purposes shall be enjoyed as
fully and to the same extent by persons residing in
Saline County, Kansas, outside the corporate limits
of the City of Salina as by persons residing there-
in, and that no distinction as to the use and enjoy-
ment of said park shall ever be made by the City
of Salina, Kansas, upon the basis of residence within
or without said City, except that in case the above
mentioned parties conclude and allow charges for
certain special entertainments or amusements to be
agreed upon by all parties to the within agreement.
17 -309. Use for general park purposes; charges
in special cases. 6. It is further mutually under-
stood and agreed that said Oakdale Park may be
used for general public park purposes, including pic-
nics, children's play grounds, public gatherings, pub-
lic meetings, tourist camping grounds, athletic
sports and events, chautauquas and all other similar
and proper purposes and that its use therefor for
said purposes shall be free and without cost to the
public and people so using the same. It is under-
stood and agreed however, that said park, or neces-
sary portions thereof, may be temporarily let to
persons desiring to use the same for any of the
purposes above mentioned or similar purposes,
where a fee is charged for admission when recom-
pense is made therefor to the City of Salina, but
in such event a true and complete account of all the
sums so arising from said park shall be kept by
the party of the fourth part and an accounting made
thereof as hereinafter' provided; and it is further
understood and agreed that in event of such private
use of said park that the same shall not conflict
with the rights of the first and third party to use
and enjoy the same, and that any use thereof for
purpose for which an admission is charged shall be
as nearly as practicable without interference with
or prejudice to the free use by the public to such
portions of said park as are not necessary to the
temporary use and enjoyment for which an admis-
sion is charged. At any time during the within
lease that the camping grounds and athletic grounds
within Oakdale Park be removed by the City of
Salina, party of the fourth part, from said Oakdale
Park to other locations, thence in that case, the
party of the fourth part, which is the City of Salina
shall be released from keeping up the camping
grounds and athletic grounds in said Oakdale Park.
17-310. Oakdale Park Executive Committee; mem-
bers; duties. 7. Inasmuch as certain rights of the
parties hereto in and to said Oakdale Park are mu-
tual and reciprocal and to the end that the obliga-
194
P ARKS.-Oakdille.
Ch. 17, Art. 3
tion of the party therein may be justly determined
without dispute in such regard arising, it is hereby
understood and agreed that there shall be and there
is hereby constituted a board or committee to have
the power and authority as hereinafter provided and
to be known as the Oakdale Park Executive Com-
mittee, to be at all times during the life of this
agreement constituted and comprised of three mem-
bers chosen as follows: One to be chosen by the
party of the first part from among the members
of the Board of Directors of the Saline County Agri-
cultural, Horticultural and Mechanical Association;
one to be chosen by the party of the second and
third parts from among the members of the Board
of County Commissioners of Saline County, Kansas;
and one to be chosen by the party of the fourth part
from among the Board of Commissioners or other
governing body of the City of Salina, Kansas (and
at the discretion of said fourth party the City Man--
ager thereof), said Board at all times mentioned
to be so constituted, and the successors of any such
members to possess all of the powers of their pre-
decessors. The members of said Committee shall
serve without pay and when appointed by the parties
respectively entitled to appoint the same shall have
the right and authority only of consideriing any
dispute which may come up between the various
parties to the within lease and shall make their
recommendations in the settling of these disputes to
the various parties to the within agreement. Said
Executive Committee shall choose one from their
number, which shall be the representative from the
City of Salina on said Executive Committee to look
after all of the details that may come up in con-
nection with the management of said park, he shall
have the authority in matters concerning the gen-
eral use and the management of said park and its
employment for public or private meetings and gath-
erings, and in fact consider any points concerning
the use of the park which may come up from time
to time between the regular meetings of the Execu-
tive Committee, unless said member considers the
matter in hand of sufficient importance to present
to the Executive Committee in full before final dis-
position of same.
17-311. First party, free use of track in Kenwood
Park. 8. It is understood and agreed between the
parties of the first and the fourth parts that the
party of the first part shall, during and through-
out the terms of this lease and as long as the same
shall be in effect, have and possess the right to
use that certain one-mile automobile speedway or
track maintained by the party of the fourth part
in Kenwood Park in the City of Salina during the
agricultural fairs held by the said first party in
the City of Salina during said period, and the party
of the first part hereby assumes all liability for and
agrees to hold the party of the fourth part harm-
less from any liability, loss or damage 'arising
through the party of the first part's use and oc-
cupancy of said speedway and said privilege of hold-
ing said agricultural fairs to be extended said first
party for a period of not to exceed 30 days some-
time during each year of the term of this lease.
17 -312. Battery "A"; lease. 9. It is further un-
derstood and agreed between the parties hereto that
nothing herein contained shall be construed to mo-
lest or interfere with the enjoyment by Battery "A"
of its lease to some two acres of ground situate
in the northeast part of said Oakdale Park with the
buildings thereto situate but it is agreed that the
party of the first part shall see that said portion
of said park so excepted from the operation of this
lease shall be kept in a cleanly condition so as not
to interfere with the proper enjoyment of the re-
mainder of the said park.
17 -313. Use for fair purposes. 10. It is further
understood and agreed between the parties hereto
the party of the first, second and third parts in
using said Oak dale Park for agricultural fair pur-
poses will at its expense maintain its buildings and
structures including all stables and similar build-
ings in a clean and sanitary condition.
17 -314. Management of first party during use
for fair. 11. It is further understood and agreed
that said Oakdale Park, during the times that it may
be used for the fairs and entertainments of the
party of the first part, shall be wholly under the
direction, management and control of said party of
the first part and that said party shall be liable for
any damage accruing to any persons whomsoever
through first party's such use and occupancy thereof.
17-315. Receipts and expenditures; records. 12.
All parties of the within lease shall keep a correct
record of all receipts and expenditures accruing
through the use of said park and make an annual
report of the same and copy of which shall be fur-
nished to each party of the within lease.
17-316. New buildings; approval of Executive
Committee. 13. In case of the construction of new
buildings in said Oakdale Park on the part of the
second and third parties, plans and specifications
should be presented to the Executive Committee and
upon their unanimous approval of the same said
building to be constructed according to plans.
--
.
Ch. 17, Art. 3
P ARKS.-Qakdale.
Ill))
17-317. Paid attractions; approval of Committee;
use of funds. In case there is any paid attraction
in the park or where charges are to be paid for
admission at the gates, this question should be left
in the hands of the Executive Committee, and must
receive the unanimous vote of said Executive Com-
mittee, and after the approval of the same by the
Executive Committee, the party of the fourth part,
which is the City of Salina, shall make whatever
charges they deem advisable and furnish their an-
nual statement, the amount of said receipts and
expenditures connected with said attractions. Such
funds to be used on the improving said park from
year to year.
.
17-318. Meetings of Executive Committee. 14.
The Executive Committee as hereinbefore described
shall meet once a year, and said meeting shall be
on the first Friday after the first Monday in Janu-
ary of each year, or as often thereafter as the Chair-
man of the Executive Committee may elect.
In witness whereof, the parties herein have exe-
cuted these presents the day and year first above
wri tten.
THE SALINE COUNTY AGRICULTURAL,
HORTICULTURAL AND MECHANICAL
ASSOCIATION,
By P. A. Tobin, President.
Attest: Chas. H. Bren, Acting Secretary.
William Muir,
G. E. Bengston,
G. C. Hinkle,
The County Commissioners of Saline County, Kansas,
as Trustees of Oakdale Park for the use and bene-
fit of the Saline County Agricultural, Horticul-
tural and Mechanical Association.
THE COUNTY OF SALINE, STATE OF
KANSAS,
By William Muir,
G. E. Bengston,
G. C. Hinkle,
Board of County Commissioners.
Attest:
CITY OF SALINA,
By F. S. Dyar, Mayor and Chair-
man of fhe Board of City
Commissioners.
Chas. E. Banker, City Clerk.
THE
(SEAL)
17-319. Municipal Swimming Pool; Persons pro-
hibited. That it shall be unlawful for any person
having or suffering from any venereal disease or
any other contagious or infectious disease or who
shall have on his or her person any open sores,
wounds, cuts, rash, skin eruptions or whose appear-
ease, to enter the municipal swimming pool located
.
ance shall give evidence of any skin or blood dis-
in Oakdale Park in the City of Salina. (91, Ord.
3247, 5-~2-26).
17-320. Same; Duty of Supt. That it shall be
the duty of the superintendent of said municipal
swimming pool or of any life guard or other em-
ployee thereof, or any police officer, to prohibit the
admission of any person described in Section 1 of
this ordinance or whose appearance indicates the
existence of any disease mentioned in Section 1 here-
of, from entering said swimming pool, and to re-
move from said swimming pool any such person who
may have entered the same without the knowledge
or over the objection of said superintendent, em-
ployee or officer. (92, Ord. 3247, 5-22-26).
17 -321. Swimming Pool; Shower Bath Required.
That no person shall enter said swimming pool with-
out first taking a shower bath, and without first,
if directed by said superintendent, or other person
in charge of the pool, complying with such other
directions or regulations, relating to the use of soap
or otherwise, as such superintendent or other per-
son may require. (93, Ord. 3247, 5-22-26).
17-322. Same; violation. Any person who shall
conduct himself or herself in a disorderly or inde-
cent manner in or about said pool shall be deemed
guilty of a misdemeanor and shall be punished as
hereinafter provided for and shall be removed from
said pool, or from Oakdale Park, on order of the
superintendent of said pool, and may, in the discre-
tion of such superintendent, be thereafter refused
admission to said pool. (94, Ord. 3247, 5-22-26).
17 -323. Rules and Regulations. That the super-
intendent of such swimming pool shall prepare a
set of rules and regulations governing the use of
said swimming pool and the dressing rooms and
grounds adjacent thereto, and the conduct of per-
sons therein, and shall change or amend such rules
or regulations from time to time as the need there-
for may arise, which with any such amendment or
changes shall be submitted to the Board of Com-
missioners 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 pool, and after such posting, any
violation of such rules shall be considered a viola-
tion of the provisions of this ordinance, and any
person violating the same shall be refused admis-
sion to or removed from the pool, as the case may
require. (95, Ord. 3247, 5-22-26).
17-324. Violation; penalty. That any person vio-
lating any of the provisions of this ordinance or
196
P ARKS.-Oakdale.
Ch. 17, Art. 3
any of the rules posted by the superintendent of a misdemeanor and shall be fined in any sum not
said swimming pool in accordance with the provi- exceeding $50.00 for each offense. (~6, Ord. 3247,
sions of this ordinance shall be deemed guilty of 5-22-26).
.
Ch. 17, Art. 4, 5, 6
PARKS.-Highland Comt (Sunset); City Park; Thomas
197
ARTICLE 4.-Highland Court Park (Sunset Park).
17-401. Highland Court Park. The owner of
block 17 in Highland Court, an addition to the City
of Salina, conveyed the title to said property to the
City of Salina by warranty deed dated June 5th,
1918, which is recol'ded in the office of the Regis-
ter of Deeds in book 68 of Deeds at page 334, it
being a condition of said deed that if the City, after
the expiration of thl'ee years from the date of said
deed, should abandon the use of said land as a pub-
lic park, or use the same for other purposes, then
said land and every part thereof should revert to
the grantor in said deed.
ARTICLE 5.-City Park.
17 -501. City Park, occupying the block between
Second and Third Streets and between Mulberry and
Walnut Streets, except lots at each end of the block
facing Mulberry and Walnut Streets was acquired
by dedication, for use for a public park, in the plat
of the original town site of the Town of Salina.
.
NOTE: By special act of the Legislature (See
Ch. 308, L. 1937, as amended by Ch. 250, L. 1939)
the City of Salina was authorized to sell the above
described property to the Salina Board of Educa-
tion for school purposes.
The minutes of the September 6th, 1938 meeting
of the Board of Commissioners show a resolution
of the Salina Board of Education, which was pre-
sented to the Board of Commissioners, requesting
the City to deed said City Park to the Salina Board
of Education for the purpose of a site upon which
to erect a high school. On motion duly made, sec-
onded and carried, the Mayor and City Clerk were
authorized to execute such deed.
17-601. Thomas Park; Lease.
LEASE
This Agreement of Lease made and entered
into this 1st day of June, 1936, by and between
St. John's School, Inc., of the City of Salina, Sa-
line County, Kansas, party of the first part, here-
inafter referred to as Lessor, and The City of
Salina, Kansas, a municipal corporation, party of
the second part, hereinafter referred to as Lessee,
Witnesseth:
For and in consideration of the rents and cov-
enants hereinafter specified, the Lessor, being the
owner of the real estate hereinafter described, does
hereby let and lease unto said Lessee, to be used
by said Lessee for the purposes of a public park,
the following described land located in the North-
west Quarter of Section One (1), and the North-
east Quarter of Section Two (2), Township Four-
.
teen (14) South, Range Three (3) West of the Sixth
P. M. in Saline County, Kansas, which is now and
is in the future to be known as Thomas Park, and
which is described by metes and bounds as follows,
to-wit: Part of the Southeast Quarter of the North-
east Quarter of Section Two (2), Township Four-
teen (14) South, Range Three (3) West of the
Sixth P. M. described as follows: Commencing at
the point of intersection to the center line of the
original channel of Dry Creek with the east line
of said Section Two, thence in a northerly and wes-
terly direction up the center line of the original
channel of Dry Creek to its intersection with the
north line of the South one-half of the Northeast
Quarter of said Section Two, thence east along the
north line of the south one-half of the Northeast
Quarter of said Section Two to a point 106.1 feet
west of the east line of said Section Two, thence
south 237.8 feet, thence east to the east line of Sec-
tion Two, thence south on said Section line to the
point of beginning.
Also a part of the Southwest Quarter of the
Northwest Quarter of Section One (1), Township
Fourteen (14) South, Range Three (3) west of the
Sixth P. M. described as follows: Commencing at
the point of intersection at the center line of the
original channel of Dry Creek with the west line
of said Section One (1), thence in a easterly and
northerly direction down the center of the original
channel of Dry Creek to a point at the center of
said channel 327.6 feet south of the north line of
the Southwest Quarter of said Section One (1),
thence west to the west line of said Section One (1),
thence south to point of beginning.
Excepting from said tract the right-of-way of
the public highway known as U. S. Highway No.
81, being an extension of Ninth Street in the City
of Salina; for a term of twenty-five years from the
date hereof, at and for an annual rental of $50.00
per year, to be paid by Lessee ,to Lessor on the 1st
day of June in each year, commencing with the year
1936, which said rental the said Lessee hereby
agrees to pay throughout the term above specified.
It is understood and agreed that Lessee will at
its own expense maintain said land as a public park
and will use and permit the use of the same only
for the purpose of a public park which use shall be
deemed to include the use and permission for use
of the same by organizations of girl scouts and boy
scouts or similar organizations for meeting and
camping purposes, and it is further agreed that at
the expiration of the term of this lease or any re-
newal thereof any permanent structures erected on
198
P ARKS.-Thomas.
Ch. 17, Art. 6
said land by the Lessee during the term of this lease hereunto affixed as of the day and year first above
shall remain on this land and become the property written.
of Lessor.
As a further consideration for this lease and as a
part of the rental therefor, the Lessee agrees to
pay all taxes and assessments levied and assessed
against said land during the term of this lease.
(SEAL)
Attest: Earl C. Woodward, Sec'y.
ST. JOHN'S SCHOOL, INC.,
By E. A. Hiller, 1st. Vice Pres.
Lessor.
In Witness Whereof, the parties hereto have
caused this instrument to be executed by their duly (SEAL)
authorized officers and their corporate seals to be Attest: Chas. E. Banker, City Clerk.
THE CITY OF SALINA, KANSAS,
By Ed. Morgenstern, Mayor.
Lessee.
-
.
Ch.18
PLATS AND ADDITIONS.
-1~9
CHAPTER I8.-PLATS AND ADDITIONS.
Lot 3, Tenlawns Court is comprised of the south
25 feet of Lots 7 and 8 and the north 25 feet of Lots
(For Ordinances regulating the Platting of Additions 15 and 16 in Block 2, Brown's Addition.
see Chapter 6, Article 4, City Planning Com-
mission, Sees. 6-401 to 6-409.)
18-101. Replatting of Blocks 2 and 3 Sunnyside
Addition. Blocks 2 and 3 of Sunnyside Addition
were replatted and the frontage of certain lots in
said blocks was changed so that all of said lots
would face on Fifth Street and a ten foot alley
through said blocks was vacated, in accordance with
the petition of the owners of said property by Ordi-
nance 1401, Febru~ry 17th, 1908.
18-102. Replatting Block 3 Bonds Addition. Block
3 Bonds Addition was replatted and the frontage of
lots thereinclhanged. A twenty foot alley extend-
ing North and South vacated, and Fifth Street and
a twelve foot alley running North and South along
said block were opened, 21.8 feet on the West side
of Fourth Street adjacent to said block was vacated
and the number of lots therein was increased by
Ordinance 1364, February 26th, 1907.
.
18-103. Replatting Block 1 and parts of Blocks
2-3-4 and 6 in Morrisons Third Addition. The front-
age of lots in Block 1 and in parts of blocks 2-3-4
and 6 in Morrisons 3rd Addition was changed and
certain streets and alleys were vacated and certain
other streets and alleys in said blocks were opened
in accordance with the petition of the owners of said
property, by Ordinance 1469, March 15th, 1909.
18-104. Replatting Lots 7 to 16, Block 2 Brown's
Addition. That the petition of Pearl W. Hartzel,
the own~r of Lots 7 to 16 inclusive in Block 2,
Brown's Addition to the City of Salina, Saline
County, Kansas, for permission to change the lot
frontage and to replat said lots, be and the same
is hereby approved to the following extent and upon
the following terms and conditions to-wit:
1. The lot frontage of said lots 7 to 16 inclusive
in Block 2 in Brown's Addition shall be changed
and such lots shall be replatted into ten lots to be
known as Lots 1 to 10 inclusive in Tenlawns Court,
a re-survey of lots 7 to 16 inclusive in Block 2 in
Brown's Addi,tion, Salina, Kansas, said lots as re-
platted being constituted as follows:
Lot 1, Tenlawns Court is comprised of the north
50 feet lots 7 and 8, Block 2, Brown's Addition.
Lot 2, Tenlawns Court is comprised of the south
50 feet of the north 100 feet of lots 7 and 8 in Block
2, Brown's Addition.
.
Lot 4, Tenlawns Court is comprised of the north
50 feet of the south 100 feet of Lots 15 and 16 in
Block 2, Brown's Addition.
Lot 5, Tenlawns Court is comprised of the south
50 feet of Lots 15 and 16, Block 2, Brown's Addition.
Lot 6, Tenlawns Court is comprised of the south
50 feet of Lot 12 and the south 50 feet of the west
471,.2 feet of Lot 13 in Block 2, Brown's Addition.
Lot 7, Tenlawns Court is comprised of the north
50 feet of the south 100 feet of Lot 12 and the north
50 feet of the south 100 feet of the west 471,.2 feet
of Lot 13 in Block 2, Brown's Addition.
Lot 8, Tenlawns Court is comprised of the north
25 feet of Lot 12 and the north 25 feet of the west
471,.2 feet of Lot 13 and the south 25 feet of Lot 11
and the south 25 feet of the west 471,.2 feet of Lot
10 in Block 2, Brown's Addition.
Lot 9, Tenlawns Court is comprised of the south
50 feet of the north 100 feet of Lot 11 and the south
50 feet of the north 100 feet of the west 471,.2 feet
of lot 10, Block 2, Brown's Addition.
Lot 10, in Tenlawns Court is comprised of the
north 50 feet of Lot 11 and the north 50 feet of
the west 471,.2 feet of Lot 10, Block 2, Brown's Ad-
dition.
2. Lots 1 and 10 in Tenlawns Court will face
north on Brown Street. Lot 5 and 6 in Tenlawns
Court will face south on Frost Street. Lots 2, 3
and 4 in Tenlawns Court will face west on Tenlawns
Place. Lot 7, 8 and 9 in Tenlawns Court will face
east on Tenlawns Place. All dwelling houses erected
on said lots will be so erected that the frontage will
be the same as the lot frontage herein specified.
3. The set back line from the street of all struc-
tures, including dwelling houses and garages,
whether attached or detached, will be not less than
20 feet from the street line of the street upon which
any such lot fronts and not less than 20 feet from
the street line of any street upon which any such
lot abutts.
4. The premises adjacent to Sherman Street will
at all times be kept and maintained as lawns and
will not be permitted to become unsightly or pre-
sent and unsightly frontage on Sherman Street.
5. The owner of the property above described to-
wit, Pearl W. Hartzel and Laura Hartzel, his wife,
will convey by warranty deed to the City of Salina,
200
PLA TS AND ADDITIONS.
Ch. 18
free and clear of all liens, incumbrances and taxes
of every kind the following described portion of said
lots to-wit: All of Lots 9 and 14 and the east 2%
feet of Lot 10 and the east 2% feet of Lot 13 in
Block 2, Brown's Addition, described by metes and
bounds as follows:
which, above referred to, is hereby accepted by the
City of Salina.
Commencing at a point in the north line of Frost
Street One Hundred (100) Feet East of the South-
west corner of Lot Twelve (12), Block Two (2),
Frost Street, Brown's Addition, thence north to a
point in the south line of Brown Street One Hundred
(100) Feet East of the Northwest corner of Lot 18-105. This ordinance shall take effect and be
Eleven (11), Block Two (2), Brown Street, Brown's in force from and after its passage and publication
Addition, thence east along the south line of Brown in the official city paper and its acceptance in writ-
Street, Fifty-One and eight-tenths (51.8) feet, thence ing by said Pearl W. Hartzel and after a certified
south to a point in the north line of Frost Street, copy thereof and proof of publication has been re-
One Hundred Fifty-Two and one-tenth (152.1) Feet corded with Register of Deeds of Saline County,
east of the Southwest corner of said Lot Twelve Kansas, provided that such publication and record-
(12), Block Two (2), Frost Street, Brown's Addi- ing shall be made at the expense of said petitioner,
tion, thence west along the north line of Frost Pearl W. Hartzel. (~2, Ord. 4944, 10-3-39).
Stree~ to ~he place of beginning, which tra~t above I I hereby accept the provisions of the foregoing
descrIbed IS to be used as and for a publIc street I Ordinance No. 4944.
to be known as Tenlawns Place and the deed to PEARL W. HARTZEL.
6. Said petitioner, Pearl W. Hartzel, and his heirs
and assigns shall install and pay for all necessary
water and sewer lines to serve said lots as replatted
and will install and pay for curb and gutter and oil
mat surface on the roadway of said street, all sub-
ject to the specifications and approval of the City
Engineer of the City of Salina. (~1, Ord. 4944, 10-
3-39) .
.
.
.
CHAPTER 19.-POLICE DEPARTMENT.
POLICE DEPARTMENT.-Duties of Police.
201
Ch. 19, Art. 1
Article I.-Duties of Police.-19-101 to 19-118.
2.-Police Court.-19-201 to 19-207.
ARTICLE I.-Duties of Police.
19-101. Reference to City Marshal; refer to Chief
of Police. That wherever in any ordinance hereto-
fore adopted by the Governing Body of the City of
Salina, Kansas, any reference is made to the City
Marshal or Assistant Marshal, such reference shall
be deemed to be and shall refer to the Chief of
Police and to the Assistant Chief of Police respec-
tively. (~2, Ord. 3030, 9-15-24).
19-102. Duties of Police Chief. It shall be the
duty of the City Marshal to diligently serve and
execute all legal warrants, writs or other process
issued by the Police Judge of said City and deliver
to him in the manner required by law, and dili-
gently execute all orders of said council; to see that
the ordinances of said City are enforced. (~12, Ord.
280, 6-24-79).
19-103. Same; take persons arrested before Police
Judge. To arrest with or without process all per-
sons committing or attempting to commit any of-
fense in his presence against the laws of the State
of Kansas or against any ordinance of the City of
Salina, or in any manner disturbing the peace and
good order of the City of Salina, or any of its in-
habitants, and to arrest all persons found under
suspicious circumstances who cannot give a good
account of themselves, and to take every person ar-
rested by him, if in the day time, before the Police
Judge of the City, and if in the night time to the
City prison and keep them until the next day and
then take them before the said Police Judge, and
report to him in every such case the cause of arrest,
the facts connected with the case, and the names
of the witnesses, and in case of the temporary ab-
sence or sickness of said Police Judge he shall safely
keep such person so arrested in the City prison or
otherwise, or take him before some justice of the
peace of said City and report as aforesaid to said
Justice in the absence or sickness of said Police
Judge. (~13, Ord. 280, 6-24-79).
19-104. Same; deliver property to successor. Said
Marshal shall well and faithfully perform and exe-
cute the duties of his office without fraud, deceit
or oppression, and shall deliver to his successor all
writs, papers, and other things pertaining to his of-
fice. (~14, Ord. 280, 6-24-79).
19-105. Same; enforce ordinances of City and
penal laws of state. He shall be industrious and
vigilant not only in preventing any infraction of the
ordinances of said City, and bringing offenders
against them to justice, but also in causing the pre-
vention and punishment of offenses against the
penal laws of the State of Kansas, committed within
said City, and in suppressing disturbances, affrays,
riots and other breaches of the peace therein. (~15,
Ord. 280, 6-24-79).
19-106. Police Chief; authority to enter houses,
etc., and arrest offenders. The said Marshal shall
have authority to enter any house, enclosure or
other place where a breach of the peace or other
crime has been or is about to be committed, or any
law or ordinance of said City has been or is about
to be violated, and arrest the offenders, and he
shall at all times properly guard and protect the
inhabitants and property of the City of Salina to
the best of his ability. (~16, Ord. 280, 6-24-79).
19-107. Same; keep account of moneys. Said
Marshal shall keep an account of all moneys re-
ceived by him for the use of said City, and im-
mediately on receipt thereof pay the same over to
the Treasurer of said City and take his receipt
therefor; said Marshal shall do and perform such
other duties as are now or hereafter may be required
of him by ordinances or by order of said Council.
(~17, Ord. 280, 6-24-79).
19-108. Duties of Policemen. The duties, powers
and privileges of said Policemen shall be the same
as are now or shall hereafter be prescribed by ordi-
nance for the Marshal, and said Policemen shall
obey the orders of the Marshal of said City. (~20,
Ord. 280, 6-24-79).
19-109. Police Officers wear badge. The Marshal,
Assistant Marshal and each Policeman shall wear
a metallic star, to be furnished by the City, and
shall, at all times when on duty, wear the same in
such a manner that it may be plainly seen. (~23,
Ord. 280,6-24-79).
19-110. Police Dept.; Personnel. That there shall
be in the Police Department a Chief of Police; two
assistant chiefs of police, who shall be designated
as and have the rank of Captains of Police; three
desk sergeants; and such other policemen, including
patrolmen, plain clothes men, traffic officers, motor-
cycle officers, and other special officers, as the City
Manager may from time to time appoint. i~l, Ord.
3323, 1-3-27).
202
POLICE DEPARTMENT.-Duties of Police.
Ch. 19, Art. 1
19-111. Same; Salaries. Desk sergeants and all
other regular police officers, (except motorcycle of-
ficers furnishing their own equipment) shall be paid
according to the following schedule, to-wit: For the
first six months of their employment, or of any re-
employment in the department after an absence from
the department of more than one month, such of-
ficer shall receive a salary of from $80.00 per month
to $100.00 a month depending upon their experi-
ence and fitness, the amount of such salary for the
first six months to be determined by the City Man-
ager. After the first six months of their employ-
ment, if their service has been satisfactory and they
are retained on the police force, each such officer
shall be entitled to an increase in salary of $10.00
per month for the next succeeding six months' period
of employment, and an additional increase of $10.00
per month for each succeeding six months' period
of continuous employment until the salary of such
officer shall reach $110.00 per month, and there-
after an additional increase of $5.00 per month for
each succeeding six months' period of continuous
employment until the salary of such officer shall
reach $120.00 per month; and such officer shall
thereafter be paid at the rate of $120.00 per month.
Any motorcycle police officer now or hereafter em-
ployed by the city, shall be paid such salary, which
shall include the furnishing by him of his motor
equipment and all expenses of upkeep and opera-
tion, as may be agreed on by the City Manager
with the approval of the Board of Commissioners,
not to exceed, exclusive of compensation allowed for
the use of motor equipment, $120.00 per month. (~2,
Ord. 3323, 1-3-27; Amd. 93, Ord. 4825, 1-10-38; see
6-304) .
19-112. Same; Duties. All police officers shall
be appointed by and hold their office at the pleas-
ure of the City Manager. The Chief of Police shall
perform such duties as are prescribed by law or
ordinance, and as may be assigned him by the City
Manager or the Board of Commissioners. The Chief
of Police may at any time suspend any officer, with-
out pay, for any cause which he may deem suffi-
cient, and relieve him of his badge and other insig-
nia, pending dismissal or reinstatement by the City
Manager. All other police officers shall perform
such duties as are designated by law or ordinance
or as may be assigned to them by the Chief of
Police. Nothing in this ordinance shall require the
reappointment or recommissioning of any officer
now in the employ of the police department, but all
officers now commissioned shall remain as such
until removed as by this ordinance provided. (~3,
Ord. 3323, 1-3-27).
19-113. Same; Regulations. The Chief of Police
shall from time to time make and post in the police
headquarters such rules and regulations relating to
the conduct of the Police Department and of the
police officers as he may deem necessary. All police
officers while on duty shall wear the regulation
police badge, cap, and insignia, all to be furnished
by the City, and a uniform to be furnished by the
officer which shall be approved by the Chief, ex-
cept that in the discretion of the Chief any officer
may at any time be ordered on duty in plain clothes.
Any officer shall have authority and shall be re-
quired 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. (94,
Ord. 3323, 1-3-27).
19-114. Same; Hours of Duty. The Chief of
Police shall apportion the officers in his depart-
ment into three shifts of eight hours each, so that
each officer shall be on regular duty eight hours
each day and shall make such rules and regula-
tion relating to the hours of duty and the change
of shifts as may be reasonable and necessary, and
each shift shall be in charge of either the Chief of
Police or one of the captains to be designated by
the Chief, and the captain so designated shall be
acting Chief of Police in the absence of the Chief
of Police; provided however whenever he deems it
necessary the Chief of Police may order any police
officer to remain on duty or to report for duty at
any time, in addition to the eight hours herein pro-
vided for. (95, Ord. 3323, 1-3-27).
19-115. Police Matron. The City Manager shall
have authority to appoint a police matron, who shall
be a regularly commissioned police officer with all
of the authority and duties of other policemen, but
who shall serve without pay from the City of Salina,
and shall perform such duties as may be assigned
to her by the City Manager, and who shall hold
office at the pleasure of the City Manager. (96,
Ord. 3323, 1-3-27).
19-116. Office of Chief of Detectives abolished.
That the office of Chief of Detectives heretofore
existing in the Police Department of the City of
Salina be and the same is hereby abolished. (92,
Ord. 2424, 1-21-22).
19-117. Police may call on citizens for assistance.
That the Mayor, City Marshal and Assistant Mar-
shal, or any duly appointed and qualified Policeman
of the City of Salina shall have power and are
hereby authorized to call upon every male inhabitant
of said City over eighteen years of age and under
.
Ch. 19, Art. 1
POLICE DEPARTMENT.-Duties of Police.
203
19-118. Refusal to assist Police; penalty. That
any person, when called upon as aforesaid by the
Mayor, City Marshal, or any Assistant Marshal, or
any duly appointed and qualified policeman, and re-
fusing to render immediate assistance, shall, upon
conviction thereof, be fined in any sum not exceed-
ing One Hundred Dollars. (~2, Ord. 270, 6-24-1879).
the age of fifty years, to aid and assist them in
serving any process, or in performing any of their
duties as such officers, or in enforcing the laws.
(~1, Ord. 270, 6-24-1879).
.
.
.
ARTICLE 2.-Police Court.
POLICE DEPARTMENT.-Police Court.
205
Ch. 19, Art. 2
(Note: Parole by Police Judge, See 12-1103, -1104,
G. S. 1935)
19.201. Fines; default in payment; prisoners re-
quired to work. Whenever any person shall be con-
victed in the Police Court of any offense against
any ordinance of the City of Salina and be adjudged
to pay any fine, forfeiture or penalty and the costs
of prosecution, or secure the payment of the same
to the satisfaction of the Mayor and shall be com-
mitted to the City prison in default thereof it shall
be lawful for the Marshal of the City to compel
such person to work at hard labor either on the
streets or in any public or private place where em-
ployment can be found for such person until such
fine and costs are paid. (91, Ord. 271, 6-24-1879).
.
19-202. Fines collected; levy on property. All
fines imposed under any ordinance of this City may
also be enforced by capias commanding the officer
to collect said fine by, levying upon the goods and
chattels of the defendant; and all goods and chat-
tels levied upon as aforesaid shall be sold in the
same manner as goods levied upon by a constable
under an execution issued out of a Justice's Court
in this State. (92, Ord. 271, 6-24-1879).
19-203. Prisoners work 10 hours; allowance on
judgment. Such persons shall not be compelled to
work more than ten hours a day and for every day's
work performed by him shall have credited $2.00
on the judgment against him, and when the judg-
ment and costs are satisfied by such work, shall
be discharged from custody. (93, Ord. 271; Amd.
91, Ord. 3064, 2-2-1925).
19-204. Prisoners confined. Such persons when
not at work shall be confined in the City prison
and when at work may be secured by such chains,
guards or other means of confinement and restraint
as may be necessary to prevent his escape and the
Marshal may place such prisoners in the care of
any Policeman, Street Commissioner or Contractor
during the time he may be employed at such labor
and compel him to work under their care and direc-
tion. (S4, Ord. 271, 6-24-1879).
19-205. Prisoners meals. The Marshal shall cause
such person during his imprisonment to be fed three
meals per day of plain and wholesome food at the
expense of the City. (S5, Ord. 271, 6-24-1879).
.
19-206. Prisoners; refusal to work; penalty. If
any person liable to be set to work under the pro-
visions of this ordinance shall refuse to work when
required he shall be kept in close confinement and
be fed on bread and water only until he shall con-
sent to work and shall have no allowance upon the
judgment against him for any day on which he shall
so refuse to work. (S7, Ord. 271, 6-24-1879).
19-207. Witnesses in Police Court; fees. It shall
be the duty of the Police Judge to summon all per-
sons whose testimony may be deemed essential as
witnesses at the trial of any case in Police Court,
upon the request of either party to the case, and
to enforce the attendance of such witnesses by at-
tachment when necessary. All process issued to se-
cure the attendance of witnesses as herein provided
may be served in any part of Saline County, Kan-
sas, as provided by Sec. 13-609, R. S. Kansas, 1923.
If any trial shall be continued the court may verbally
notify such witnesses as may be present at the con-
tinuance to attend before him to testify in such case
at the time to which the case is continued, and such
verbal notice shall be as valid as a subpoena. Wit-
nesses shall receive for each day's attendance at
such court the sum of $1.00 per day, and five cents
per mile for each mile actually and necessarily trav-
eled in going to and returning from the place of at-
tendance; Provided, that no witness who resides in
the City of Salina shall be entitled to any such mile-
age. Such witness fees, mileage, and costs of serv-
ing 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 mile-
age fees must be claimed by the filing of a verified
demand therefor before the witness leaves the place
of trial after attending in response to any subpoena
or order. No Police officer shall be entitled to any
fee as a witness in Police Court. Costs incurred
on the part of the City shall be paid by the City if
the defendant is convicted and 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 re-
sponsible for such prosecution in his finding, and
shall adjudge the costs of the case against such
person, and shall commit such person to jail until
such costs are paid or secured to be paid. (SI, Ord.
3090, Mch. 16, 1925).
.
..
.
Ch. 20, Art. 1
PUBLIC HEALTH.-Milk and Dairy Products.
207
CHAPTER 20.-PUBLlC HEALTH.
Article I.-Milk and Dairy Products.-20-101
to 20-124.
2.-General Regulations.-20-201 to
20-218.
S.-Venereal Diseases.-20-301 to 20-318.
ARTICLE I.-Milk and Dairy Products.
20-101. Definitions. The following definitions
shall apply in the interpretation and the enforce-
ment of this ordinance:
(a) Milk. Milk is hereby defined to be the lac-
teal secretion obtained by the complete milking of
one or more healthy cows, excluding that obtained
within fifteen days before and five days after calv-
ing, or such longer period as may be necessary to
render the milk practically colostrum free; which
contains not less than eight and one-half per cent
of milk solids-not-fat, and not less than three and
one-fourth percent of milk fat.
(b) Milk Fat or Butter Fat. Milk fat or butter
fat is the fat of milk.
(c) Cream. Cream is a portion of milk which
contains not less than eighteen percent milk fat, and
the acidity of which is not more than 0.20 percent,
expressed as lactic acid. Whipping cream shall con-
tain not less than 30 percent milk fat.
(d) Skimmed Milk. Skimmed milk is milk from
which a sufficient portion of milk fat has been re-
moved to reduce its milk fat percentage to less than
three and one-fourth percent.
(e) Milk or Skimmed-Milk Beverage. A milk
beverage or a skimmed-milk beverage is a food com-
pound or confection consisting of milk or skimmed
milk as the case may be, to which has been added
a syrup or flavor consisting of wholesome ingredi-
ents.
(f) Buttermilk. Buttermilk is the product which
remains when fat is removed from milk or cream
in the process of churning. It contains not less than
eight percent of milk solids-not-fat.
(g) Cultured Buttermilk. Cultured buttermilk is
the product resulting from the souring or treatment,
by a lactic acid culture, of milk or milk products.
It contains not less than eight percent of milk solids-
not-fat, and shall be pasteurized before adding the
culture.
(h) Vitamin D Milk. Vitamin D milk is milk
the vitamin D content of which has been increased
by a method and in an amount approved by the
health officer.
(i) Reconstituted or Recombined Milk. Recon-
stituted or recombined milk is a product resulting
from the recombining of milk constituents with
water, and which complies with the standards for
milk fat and solids-not-fat of milk as defined herein.
(j) Milk Products. Milk products shall be taken
to mean and include cream, vitamin D milk, butter-
milk, cultured buttermilk, skimmed milk, reconsti-
tuted or recombined milk, milk beverages, and
skimmed-milk beverages.
(k) Pasteurization. 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 a temperature of not less
than 142 degrees F., and holding at such tempera-
ture for not less than 30 minutes in pasteurization
apparatus approved by the health officer, provided
that approval shall be limited to apparatus which
requires a combined holder and indicating thermom-
eter temperature tolerance of not more than 172
degree F., as shown by official tests with suitable
testing equipment, and provided that such apparatus
shall be operated as directed by the health officer
and so that the indicating thermometers and the re-
cording thermometer charts both indicate a temper-
ature of not less than 14372 degrees F., continuously
throughout the holding period. The terms "pas-
teurization", "pasteurized", and similar terms shall
also include the process of heating every particle
of milk or milk products to 160 degrees F., and hold-
ing at that temperature or above for not less than
15 seconds in apparatus designed and operated in ac-
cordance with specifications approved by the State
Health Department. Provided that nothing contained
in this definition shall be construed as disbarring
any other process which has been demonstrated as
of at least equal efficiency and is approved by the
State health authority.
(I) Adulterated Milk and Milk Products. Any
substance claimed to be any milk or milk product
defined in this ordinance, but not conforming with
its definition as given in this ordinance, or which
carries a grade label unless such grade label has
been awarded by the health officer and not revoked,
shall be deemed adulterated and misbranded.
(m) Milk Producer. A milk producer is any per-
son who owns or controls one or more cows, a part
or all of the milk and milk products from which is
sold.
(n) Milk Distributor. A milk distributor is any
l}erson who offers for sale or sells to another any
milk or milk products for human consumption as
such.
208
PUBLIC HEALTH.-Milk and Dairy Products.
Ch. 20, Art. 1
(0) Dairy or Dairy Farm. A dairy or dairy farm
is any place or premises where one or more cows
are kept, a part or all of the milk or milk products
from which is sold.
(p) Milk Plant. A milk plant is any place, or
premises, or establishment where milk or milk prod-
ucts are collected, handled, processed, stored, bot-
tled, pasteurized, or prepared for distribution.
(q) Health Officer. The term "health officer"
shall mean the Milk Inspector of the City of Salina,
Kansas, or such other officer or officers of the City
of Salina, as may be authorized by ordinance to per-
form the duties of said office as provided for by
this ordinance, or his or their authorized represen-
tatives.
(r) Average Bacterial Plate Count, Reduction
Time, and Cooling Temperature. Average bacterial
plate count shall be taken to mean the logarithmic
average of the bacterial plate counts of the last four
consecutive samples, taken upon separate days, ir-
respective of periodic grade announcements. A ver-
age reduction time shall be taken to mean the arith-
metic average of the reduction times of the last
four consecutive samples, taken upon separate days,
irrespective of periodic grade announcements. Aver-
age cooling temperature shall be taken to mean the
arithmetic average of the temperatures of the last
four consecutive samples, taken upon separate days,
irrespective of periodic grade announcements.
(s) Grading Period. The grading period shall
be such period of time as the health officer may
designate within which grades shall be determined
for all milk and/or milk products, provided that the
grading period shall in no case exceed six months.
(t) Bactericide. The term "bactericide" shall be
taken to mean any bactericidal substance or process
approved by the health officer.
(u) Person. The word "person" as used in this
ordinance shall mean "person, firm, corporation, or
association." (~1, Ord. 4709, 12-21-36).
20-102. The Sale of Adulterated, Misbranded or
Ungraded Milk or Milk Products Prohibited. No
person shall within the City of Salina, or its police
jurisdiction produce, sell, offer, or expose for sale,
or have in his possession with intent to sell, any
milk or milk product which is adulterated, mis-
branded or ungraded, or which contains any visible
dirt or sediment. It shall be unlawful for any per-
son, elsewhere than in a private home, to have in
possession any adulterated, misbranded, or ungraded
milk or milk product, or any milk or milk product
which contains any visible dirt or sediment. (~2,
Ord. 4709, 12-21-36).
20-103. Permits; Fees. It shall be unlawful for
any person to bring into or receive in to the City
of Salina, or its police jurisdiction, for sale, or to
sell, or offer for sale therein, or to have in storage
where milk or milk products are sold or served, or
kept for sale, any milk or milk product defined in
this ordinance, who does not possess a permit from
the health officer of the City of Salina, and on whose
vehicle and in whose place of business there does
not appear in a conspicuous place the permit num-
ber of figures at least three inches high and one
and one-half inches wide, and on any such vehicle
the name of the holder of such permit of the name
under which he is engaged in business.
Before any such permit shall be issued by the
health officer, the person desiring the same shall
file with the health officer an application signed by
such person, which shall state the name of such
person and the name under which he does business,
the kind of business in which such person is en-
gaged and for which he desires such permit, the
location of the dairy farm, milk plant, or other place
of business for which such permit was desired, the
number of cows kept on any such dairy farm, in
case the applicant is a milk producer, whether the
same are milked or not, and the number and kind
of vehicles used by any such person in connection
with the sale or distribution of such milk, together
with such other information as the health officer
may require, and shall pay to the health officer the
fees provided for in this ordinance, which fees shall
be accounted for and turned over by the health of-
ficer to the City Clerk and placed in the City Treas-
ury to the credit of the Milk Inspection department
of the general fund of said city.
Any such permit shall remain in effect only for
the remainder of the calendar year during which
it is issued and shall expire on December 31st of
such year. Whenever after any such permit is
issued the person holding the same shall have or
keep any additional cows on his premises not listed
in his application for such permit, or shall use any
additional vehicles not listed and described in said
application, he shall file with the health officer a
supplemental application and pay such additional fees
therefor as may be required in this ordinance, such
additional fees to be computed as if such additional
cows or vehicles were included in the original ap-
plication and in the permit issued to such person for
that year.
Such a permit may be revoked by the health of-
ficer upon the violation by the holder of any of the
terms of this ordinance or in any emergency when
in the judgment of the health officer the milk or
.
.
.
Ch. 20, Art. 1
PUBLIC HEALTH.-Milk and Dairy Products.
209
milk product in question has become a public health
menace, or whenever for any other cause in the
opinion of the health officer the public health re-
quires such revocation, provided that the holder of
such permit shall, after complying with such revo-
cation, have the right to appeal to the Board of Com-
missioners of the City of Salina, which board, after
hearing the facts upon which such revocation was
based, shall either sustain the order of revocation
made by the health officer or set the same aside
and reinstate such permit, and the decision of the
Board of Commissioners on any such appeal shall be
final.
The fees which shall be required of and paid by
all persons as hereinabove provided for shall be as
follows:
Each milk producer, who produces and sells raw
milk at retail to the ultimate consumer for home
consumption or to stores, restaurants, soda foun-
tains, or other establishments for resale, shall pay
an annual permit fee of $3.00 for three cows or
less, owned or controlled by such person, a part of
or all of the milk or milk products from which are
sold, and 50c additional for each additional cow over
three in number, provided that no additional permit
fee shall be charged to any such person for any
vehicle used by him in the sale or distribution ex-
clusively of such raw milk or milk product.
Each milk producer producing and selling raw milk
to any milk plant, for pasteurization, shall pay an
annual permit fee of $1.00 for each herd of cows
owned or controlled by such person, a part of or
all of the milk or milk products of which are sold
to any milk plant for pasteurization only.
Every person owning or controlling a milk plant,
where milk or milk products are handled, processed,
stored, bottled, pasteurized or prepared for distri-
bution shall pay an annual permit fee of $25.00 per
year for each vehicle used by such person in con-
nection with the sale or distribution of such milk
or milk product, provided that such permit fee of
$25.00 for each such vehicle shall not apply to a
milk producer selling only raw milk produced from
cows owned or controlled by such person, and who
has paid the permit fees for such cows as hereabove
provided for.
Every person owning or controlling a restaurant,
cafe, soda fountain, store or other establishment,
serving or selling milk or milk products shall pay
an annual permit fee of $1.00 per year. (~3, Ord.
4709, 12-21-36).
20-103A. Permit Fees; Pasteurizing Plants. That
from and after January 1st, 1940, the annual per-
mit fee required to be paid by persons owning or
controlling a milk plant where milk or milk prod-
ucts are handled, produced, stored, bottled, pasteur-
ized or prepared for distribution, shall be $10.00 per
year for the first vehicle and $5.00 per year for
each additional vehicle used by such person in con-
nection with the sale or distribution of such milk
or milk products instead of $25.00 per year for each
vehicle as now provided for in Section 3 (20-103) of
Ordinance No. 4709. (~1, Ord. 4963, 12-30-39).
20-104.
20-120).
20-105.
and Milk
grading.
Section 4. Labeling and Placarding. (See
Section 5. Inspection of Dairy Farms
Plants for the Purpose of Grading or Re-
(See 20-121).
20-106. The Examination of Milk and Milk
Products. During each grading period at least four
samples of milk and/or milk products from each
diary farm and each milk plant shall be taken on
separate days and examined by the health officer.
Samples of milk and/or milk products from stores,
cafes, soda fountains, restaurants and other places
where milk or milk products are sold shall be ex-
amined as often as the health officer may require.
Bacterial plate counts shall be made in conformity
with the latest standard methods recommended by
the American Public Health Association. Exami-
nations may include such other chemical and physi-
cal determinations as the health officer may deem
necessary for the detection of adulteration, these
examinations to be made in accordance with the
latest standard methods of the American Public
Health Association and the Association of Official
Agricultural Chemists. Bacterial plate count reduc-
tase test, and cooling temperature results shall be
given to the producer or distributor concerned as
soon as determined if said results fall within the
limits prescribed for the grade then held. Samples
may be taken by the health officer at any time
prior to the final delivery of the milk or milk prod-
ucts. All proprietors of stores, cafes, restaurants,
soda fountains, and other similar places shall fur-
nish the health officer, upon his request, with the
name of the distributor from whom their milk and/or
milk products are obtained. Bioassays of the vita-
min D content of vitamin D milk shall be made when
required by the health officer in a laboratory ap-
proved by him for such examinations. (~6, Ord.
4709, 12-21-36).
20-106A. Inspection and Testing for Disease. No
person shall within the City of Salina or its police
jurisdiction produce, sell, offer or expose for sale
or have in his possession with intent to sell any milk
or milk product as defined by Ordinance No. 4709 of
210
PUBLIC HEALTH.-Milk and Dairy Products.
Ch. 20, Art. 1
the City of Salina, (see ~20-101) unless such milk
or milk product has been produced from cows which
have been inspected and tested for and found to be
free from disease in accordance with the following
requirements of this ordinance, and no permit shall
be issued to any person for the sale or distribution
of milk or milk products within the City of Salina,
and no person shall be permitted to sell or distribute
milk or milk products within the City of Salina
under any permit previously issued, unless the cows
from which such milk is produced and all cows kept
on the same premises with such cows, shall have
been inspected, tested and certified in accordance
with the following requirements of this ordinance.
(~2, Ord. 4960, 12-29-39).
20-106B. Tuberculosis Test. Item 1-R of Section
7 of Ordinance No. 4709 (see ~20-107) of the City
of Salina shall hereafter apply to all cows and herds
from which milk is produced, sold or distributed
for consumption in the City of Salina or its police
jurisdiction, and to all cows kept on the same prem-
ises with any such cows. (~3, Ord. 4960, 12-29-39).
20-106C. Bang's Disease. No milk or milk prod-
ucts shall be produced, sold or distributed for con-
sumption in the City of Salina unless all of the cows
in the herd or herds from which any such milk is
produced and all cows kept on the same premises
with the cows from which any such milk is pro-
duced shall have been found free from Bang's disease
as shown by blood serum tests for agglutinins
against Brucella abortus. Blood samples shall be
taken by a licensed veterinarian and tests shall be
made in the City laboratory or a laboratory ap-
proved by the health officer. All reactors shall be
immediately removed from the premises and dis-
posed of in accordance with the requirements of the
health officer and/or State livestock sanitary com-
missioner. All such cows shall be so inspected and
tested and certificates covering the cows so tested
shall be filed with the city health officer within 90
days from the date this section takes effect. All
such cows shall be so tested, inspected and certified
at least once every 12 months thereafter and if at
any such test any reactor is found such reactor shall
be removed from the premises, and all other cows
in the same herd or on the same premises shall be
re-tested within 90 days from such date. A certifi-
cate identifying each animal by number, and signed
by the veterinarian and/or laboratory making the
test and filed in the office of the city health of-
ficer shall be evidence of the above test. (~4, Ord.
AMI), 12-29-39).
20-107D. Penalty. Any person who shall violate
any of the provisions of this ordinance or who shall
fail, refuse or neglect to comply with any of the
lawful orders or regulations made by the city health
officer pursuant to this ordinance shall be deemed
guilty of a misdemeanor and shall be punished to
the same extent and in the same manner as for a
violation of any of the provisions of Ordinance No.
4709 (see ~20-118), and in addition thereto the is-
suance of a permit as required by Ordinance No.
4709 may be denied or if one has been issued any
such permit may be revoked by the city health of-
ficer upon information received by him of any such
violation. (~5, Ord. 4960, 12-29-39).
20-107. The Grading of Milk and Milk Products.
At least once every six months the health officer
shall announce the grades of all milk and milk
products delivered by all producers or distributors
and intended for consumption within the City of
Salina, or its police jurisdiction. Sai-d grades shall
be based upon the following standards, the grading
of milk products being identical with the grading
of milk except that the bacterial standards shall be
doubled in the case of cream, and omitted in the
case of Buttermilk and cultured buttermilk.
Vitamin D Milk shall be only of Grade A or Grade
B Pasteurized, Certified, or Grade A Raw quality.
Certified Milk. Certified milk is milk which con-
forms with the current requirements of the Ameri-
can Association of Medical Milk Commission, and is
produced under the supervision of the Medical Milk
Commission of the Medical Society of Saline County,
and of the State Board of Health or of the City
or County Health Officer of Salina, Kansas.
Grade A Raw Milk. Grade A Raw Milk is milk
the average bacterial plate count of which, as de-
termined under Sections 1 (r) and 6 of this ordi-
nance, does not exceed 50,000 per cubic centimeter,
or the average reduction time of which is. not less
than 8 hours, and which is produced upon dairy
farms conforming with all of the following items
of sanitation.
Item 1R. Cows, Tuberculosis and Other Diseases.
A physical examination and tuberculin test of all
herds and additions thereto shall be made before
any milk therefrom is sold, and at least once every
twelve months thereafter, by a licensed veterinarian
approved by the State Livestock Sanitary Commis-
sion. Said tests shall be made and any reactors
disposed of in accordance with the current require-
ments approved by the U. S. Department of Agri-
culture, Bureau of Animal Industry, for accredited
herds.
-
.
.
.
Ch. 20, Art. 1
PUBLIC HEALTH.-Milk and Dairy Products.
211
A certificate signed by the veterinarian attested
to by the health officer, and filed with the health
officer, shall be evidence of the above test.
For diseases other than tuberculosis such tests
and examination as the health officer may require
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.
Item 2R. Dairy Barn Lighting. A dairy or milk-
ing barn shall be required, and such sections thereof
where cows are milked shall have at least three
square feet of light area for each stanchion, and
when necessary shall be provided with adequate sup-
plementary artificial light.
Item 3R. Dairy Barn, Air Space and Ventilation.
Such sections of all dairy barns where cows are
kept or milked shall have at least 400 cubic feet
of air space per stanchion, and shall be well venti-
lated.
Item 4R. Dairy Barn, Floors. The floors and
gutters of such parts of all dairy barns in which
cows are milked shall be constructed of concrete
or other impervious and easily cleaned material ap-
proved by the health officer and shall be gJ:aded
to drain properly, and shall be kept clean and in
good repair. No horses, pigs, fowl, calves, etc.,
shall be permitted in parts of the barn used for
milking.
Item 5R. Dairy Barn, WaIls and Ceilings. The
walls and ceilings of all dairy barns shall be white-
washed once each year or painted once every two
years, or oftener if necessary, or finished in a man-
ner approved by the health officer, and shall be
kept clean and in good repair. In case there is a
second story above that part of the barn in which
cows are milked, the ceiling shall be tight. If the
feed room adjoins the milking space it shall be
separated therefrom by a dust-tight partition, pro-
vided with self-closing doors.
Item GR. Dairy Barn, Cow Yard. All cow yards
shall be graded and drained as well as practicable
and kept clean.
Item 7R. Manure Disposal. All manure shall be
removed and stored or disposed of in such manner
as best to prevent the breeding of flies therein or
the access of cows to piles thereof.
Item SR. Milk House or Room, Construction.
There shall be provided a milk house or milk room
for the handling and storage of milk and! or milk
products and the washing, bactericidal treatment,
and storage of milk apparatus and utensils. The
milk house or room (a) shall be provided with a
tight floor constructed of concrete or other imper-
vious material, in good repair, and graded to pro-
vide proper drainage; (b) shall have walls and ceil-
ings of such construction as to permit easy clean-
ing, and shall be well painted or finished in a man-
ner approved by the health officer; (c) shall be
well lighted and ventilated; (d) shall have openings
effectively screened including outward-opening, self-
closing door to prevent the entrance of flies; and
(e) shall be used for no other purpose than those
specified above, shall not open directly into a stable
or into any room used for domestic purposes, shall
have water piped into it, shall be provided with ade-
quate facilities for the heating of water for the
cleaning of utensils, shall be equipped with station-
ary wash and rinse vats, which, in the case of retail
raw milk, if chlorine is employed as the principal
bactericidal treatment, shall be of the three-com-
partment type, and shall be partitioned to separate
the handling of milk and the storage of cleansed
utensils from the cleaning and other operations,
which shall be so located and conducted as to pre-
vent any contamination of the milk or of cleaned
equipment.
Item 9R. Milk House or Room, Cleanliness and
Flies. The floors, walls, ceilings, and equipment of
the milk house or room shall be kept clean at all
times. All means necessary for the elimination of
flies shall be used.
Item lOR. Toilet. Every dairy farm shall be
provided with one or more sanitary toilets conveni-
ently located, and constructed, operated, and main-
tained in accordance with the recommendations of
the State Board of Health, so that the waste is in-
accessible to flies and does not pollute the surface
soil or contaminate any water supply.
Item 11R. Water Supply. The water supply for
the milk room and dairy barn shall be properly
located, constructed, and operated, and shall be
easily accessible, adequate, and of a safe, sanitary
quality.
Item 12R. Utensils, Construction. All containers
or other utensils used in the handling, storage, or
transportation of milk or milk products must be
made of non-absorbent material and of such con-
struction as to be easily cleaned, and must be in
good repair. Joints and seams shall be soldered
flush. All milk pails shall be of a small-mouth
design approved by the health officer. All strainers
shall be equipped with sterilized single service
strainer filter pads. Milk shall not come in contact
with woven wire.
Item 13R. Utensils Cleaning. All containers and
other utensils used in the handling, storage, or trans-
212
PUBLIC HEALTH.-Milk and Dairy Products.
Ch. 20, Art. 1
portation of milk and milk products must be thor-
oughly cleaned after each usage.
Item 14R. Utensils, Bactericidal Treatment. All
containers and other utensils used in the handling,
storage, or transportation of milk or milk products
shall between each usage be treated with steam
or chlorine, in a manner approved by the health
officer.
Item 15R. Utensils, Storage. All containers and
other utensils used in the handling, storage or trans-
portation of milk or milk products shall be stored
in the milk room so as not to become contaminated
before again being used.
Item 16R. Utensils, Handling. After bactericidal
treatment no container or other milk or milk product
utensil shall be handled in such manner as to permit
any part of the person or clothing to come in con-
tact with any surface with which milk or milk prod-
ucts come in contact.
Item 17R. Milking, Udders and Teats. The ud-
ders and teats of all milking cows shall be washed
and cleaned at the time of milking.
Item 18R. Milking, Flanks. The flanks, bellies,
and tails of all milking cows shall be free from visi-
ble dirt at the time of milking.
Item 19R. Milkers' Hands. Milkers' hands shall
be clean, rinsed with bactericidal solution, and dried
with a clean towel immediately before milking and
following any interruption in the milking operation.
Wet hand milking is prohibited. Convenient facili-
ties shall be provided for the washing of milkers'
hands.
Item 20R. Clean Clothing. Milk and milk handlers
shall wear clean, washable outer garments while
milking or handling milk, milk products, containers,
utensils, or equipment.
Item 21R. Milk Stools. Milk stools shall be made
of metal or other impervious material and shall be
kept clean, without padding and stored in the milk
house.
Item 22R. Removal of Milk. Each pail of milk
shall be removed immediately to the milk house or
straining room. No milk shall be strained in the
dairy barn.
Item 23R. Cooling. Milk must be cooled within
one hour after completion of milking to 50 degrees
F. or less, and maintained at that average tempera-
ture, as defined in Section 1 (r), until delivery,
unless it is delivered to a milk plant or receiving
station for pasteurization or separation, in which
case it must be delivered within two hours after
completion of. milking or cooled to 50. degret!s F.
or less and maintained at that average temperature
until delivered.
Item 24R. Bottling and Capping. Milk and milk
products shall be bottled from a container with a
readily cleanable valve, or by means of a bottling
machine approved by the health officer. Bottles
shall be capped by machine. The bottler and capper
shall be cleaned and subjected to bactericidal treat-
ment before each usage. Caps shall be purchased
in sanitary containers and kept therein until used.
Item 25R. Personnel, Health. Every person con-
nected with a retail raw dairy whose work brings
him in contact with the production, handling or stor-
age of milk, milk products, containers or equipment
shall furnish such information, permit such physical
examinations, and submit such laboratory speci-
mens as the health officer may require, for the pur-
pose of determining the freedom of such person
from infection, and it shall be the duty of the health
officer to secure such information from such per-
sons and to require such physical examinations of
such persons immediately after the issuance of a
permit to any person owning or controlling any such
dairy.
The health officer or a physician authorized by
him shall in each case take a careful history of such
person and make such examination as he or such
physician may deem necessary, and if such history
or examination suggests that such person may be
a carrier of or infected with the organism of typhoid
fever, paratyphoid fever or any other communicable,
infectious or contagious disease, he shall secure ap-
propriate specimens of bodily discharges and cause
them to be examined in a laboratory approved by
him or by the State Health authorities for such ex-
amination, and if any such examination discloses
that any such person is a carrier of any such dis-
ease or is afflicted with or suffering from any such
disease, it shall be unlawful for any such person
to continue to work or remain in or about such
dairy, and it shall be unlawful for the person own-
ing or controlling any such dairy to permit any such
persons to work or remain in or about any such
dairy.
Item 26R. VehicIes. All vehicles used for the
transportation of milk or milk products shall be so
constructed and operated as to protect the milk or
milk products from the sun and from contamina-
tion. Such vehicles shall be kept clean, and no sub-
stance capable of contaminating milk or milk prod-
ucts shall be transported with milk or milk products
in such manner as to permit contamination. All
.
.
.
Ch. 20, Art. 1
PUBLIC HEALTH.-Milk and Dairy Products.
213
vehicles used for the distribution of milk or milk and easily cleaned material and shall be smooth,
products shall have the name of the distributor pro- properly drained, provided with trapped drains, and
minently displayed therein. kept clean.
Grade "B" Raw Milk. Grade B raw milk is milk Item 2P. Walls and Ceiling. The walls and ceil-
the av~rage bacterial count of which. at no ~ime prior I ings of rooms in which milk or milk products are
to delIvery exceeds 200,000 per cub1c centlmeter, or. handled or stored shall have a smooth, washable,
the average reduction time of which is not less than light-colored surface and be kept clean.
six hours, and which is produced upon dairy farms,
conforming with all the items of sanitation required
for grade A raw milk, except as follows: Under
Item 4R, tight wooden floors and gutters shall be
permitted in place of concrete; under Item 5R, paint- Item 4P. Lighting and Ventilation. All rooms
ing and whitewashing shall not be required; under shall be well lighted and ventilated.
Item 8R, the piping of water into the milk house,
the partitioning of processes, and the provisions of
stationary and three compartment wash and rinse
vats shall not be required; however, two compart-
ment stationary wash and rinse vats will be re-
quired; under Item 23R, the temperature require-
ment of retail raw milk shall be 60 degrees F. and
of milk for pasteurization and separation 70 degrees
F.; provided that all items or parts of items relat-
ing to cleanliness shall be required.
Grade C Raw Milk. Grade C Raw Milk is milk
the average bacterial plate count of which at no
time prior to delivery exceeds 1,000,000 per cubic
centimeter, or the average reduction time of which
is not less than 3112 hours, as determined under Sec-
tions 1 (r) and 6, and which is produced upon dairy
farms conforming with all items of sanitation re-
quired for Grade B Raw Milk.
Grade D Raw Milk. Grade D Raw Milk is raw
milk which does not meet the requirements of Grade
C Raw Milk, and which shall be plainly labeled
"cooking only".
Ungraded Buttermilk. Ungraded Buttermilk is
buttermilk produced at a dairy which complies with
Items IR, 8R, 9R, lOR, HR, and 12R, which is pro-
vided with means for boiling or steaming all uten-
sils and bottles, and at which cleanly methods are
practiced. Ungraded Buttermilk may be sold or dis-
tributed only by the producer thereof.
Grade A Pasteurized Milk. Grade A Pasteurized
Milk is Grade A or Grade B Raw Milk which has
been pasteurized, cooled, and bottled in a milk plant
conforming with all of the following items of sani-
tation and the average bacterial plate count of which
at no time after pasteurization and until delivery
exceed 30,000 per cubic centimeter, as determined
under Sections 1 (r) and 6.
Item IP. Floors. The floors of all rooms in which
milk or milk products is handled or stored shall be
constructed of concrete or other equally impervious
Item 3P. Doors and Windows. All openings into
the outer air shall be effectively screened to prevent
the access of flies. Doors shall be self-closing.
Item 5P. Protection from Contamination. The
various milk-plant operations shall be so located and
conducted as to prevent any contamination of the
milk or of the cleaned equipment. All means neces-
sary for the elimination of flies shall be used. This
requirement shall be interpreted to include separate
rooms for (a) the pasteurizing, cooling and bottling
operations; (b) the washing and bactericidal treat-
ment of containers and equipment. Cans of raw
milk shall not be unloaded directly into the pas-
teurizing room. Pasteurized milk or milk products
shall not be permitted to come in contact with equip-
ment with which unpasteurized milk or milk prod-
ucts have been in contact, unless such equipment has
first been thoroughly cleaned and subjected to bac-
tericidal treatment. Rooms in which milk, milk prod-
ucts, cleaned utensils, or containers are handled or
stored shall not open directly into any stable or liv-
ing quarters.
Item GP. Toilet Facilities. Every milk plant shall
be provided with sanitary toilet facilities which shall
be approved by the health officer, and conforming
with the ordinances of the City of Salina. There
shall be at least one room or vestibule not used for
milk purposes between the toilet room and any room
in which milk or milk products are handled or stored.
The doors of all toilet rooms shall be self-closing.
Toilet rooms shall be kept in a clean condition, in
good repair, and well ventilated. In case privies
or earth closets are permitted and used, they shall
be separate from the building and shall be of a sani-
tary type constructed and operated in conformity
with the requirements of Items lOR, Grade A Raw
Milk.
Item 7P. Water Supply. The water supply shall
be easily accessible, adequate, and of a safe, sanitary
quality.
Item 8P. Hand-washing Facilities. Convenient
hand-washing facilities shall be provided, including
214
PUBLIC HEAL'fH.-Milk and Dairy Products.
Ch. 20, Art. 1
hot running water, soap, and sanitary towels of a
type approved by the health officer. The use of a
common towel is prohibited.
Item 9P. Milk Piping. Only "sanitary milk pip-
ing" of a type which can be easily cleaned with a
brush shall be used.
Item lOP. Construction and Repair of Equipment.
All equipment with which milk or milk products
come in contact shall be constructed in such man-
ner as to be easily cleaned, and shall be kept in good
repair.
Item UP. Disposal of Wastes. All wastes shall
be disposed of in conformity with the requirements
of the health officer.
Item 12P. Cleaning and Bactericidal Treatment
of Containers and Apparatus. All milk and milk
products containers and apparatus shall be thor-
oughly cleaned after each usage and subjected im-
mediately before each usage to a bactericidal treat-
ment approved by the health officer.
Item 13P. Storage of Containers. After bacteri-
cidal treatment all bottles, cans, and other milk or
milk products containers shall be stored in such man-
ner as to be protected from contamination.
Item 14P. Handling of Containers and Apparatus.
Between bactericidal treatment and usage, contain-
ers and apparatus shall not be handled in such man-
ner as to permit any part of the person or clothing
to come in contact with any surface with which milk
or milk products come in contact.
Item 15P. Storage of Caps and Parchment Paper.
Milk bottle caps and parchment paper for milk cans
shall be purchased and stored in sanitary tubes and
cartons, respectively, and shall be kept therein until
used.
Item 16P. Pasteurization. Pasteurization shall be
performed as described in Section 1 (k) of this ordi-
nance. The time and temperature record charts shall
be dated and preserved for a period of three months
for the information of the health officer.
Item 17P. Cooling. All milk received for pasteur-
ization but not pasteurized within two hours after
it is received at the plant shall then be immediately
cooled in equipment approved by the health officer
to a temperature of 50 degrees F. or less and main-
tained thereat until pasteurized, and all pasteurized
milk and milk products shall be immediately cooled
to an average temperature of 50 degrees F. or less,
as defined in Section 1 (r), and maintained thereat
until delivery.
Item 18P. Bottling. Bottling of milk and milk
products sha.ll be done at the place of pasteurization
in automatic machinery approved by the health of-
ficer in such manner as to prevent any part of any
person or his clothing from coming in contact with
any surface with which milk or milk products come
in contact.
Item 19P. Overflow Milk. Overflow milk prod-
ucts shall not be sold for human consumption.
Item 20P. Capping. Capping of milk and milk
products shall be done by automatic machinery ap-
proved by the health officer. Hand capping is pro-
hibited.
Item 21P. Personnel, Health. Every person con-
nected with a pasteurization plant whose work brings
him in contact with the production, transportation,
handling or storage of milk, milk products, con-
tainers or equipment shall furnish such information,
permit such physical examinations, and submit such
laboratory specimens as the health officer may re-
quire, for the purpose of determining the freedom
of such person from infection, and it shall be the
duty of the health officer to secure such informa-
tion from such persons and to require such physical
examinations of such persons immediately after the
issuance of a permit to any person owning or con-
trolling any such plant.
The health officer or a physician authorized by
him shall in each such case take a careful history
of such person and make such examination as he or
such physician may deem necessary, and if such
history or examination suggests that such person
may be a carrier of or infected with the organism
of typhoid fever, paratyphoid fever or any other
communicable, infectious or contagious disease, he
shall secure appropriate specimens of bodily dis-
charges and cause them to be examined in a labora-
tory approved by him or by the State Health author-
ities for such examination, and if any such examina-
tion discloses that any such person is a carrier of
any such disease or is afflicted with or suffering
from any such disease, it shall be unlawful for any
such person to continue to work or remain in or
about such plant, and it shall be unlawful for the
person owning or controlling any such plant to
permit any such person to work or remain in or
about any such plant.
Item 22P. Personnel, Cleanliness. All persons
coming in contact with milk, milk products, con-
tainers or equipment shall wear clean outer gar-
ments and shall keep their hands clean at all times
while thus engaged.
-
.
Ch. 20, Art. 1
PUBLIC HEALTH.-Milk and Dairy Products.
Item. 23P. Vehicles. All vehicles used for the
transportation of milk or milk products shall be so
constructed and operated as to protect the milk or
milk products from the sun and from contamina-
tion. Such vehicles shall be kept clean, and no sub-
stance capable of contaminating milk or milk prod-
ucts shall be transported with milk or milk prod-
ucts in such manner as to permit contamination. All
vehicles used for the distribution of milk or milk
products shall have the name of the distributor
prominently displayed.
Grade B Pasteurized Milk. Grade B Pasteurized
Milk is Grade C Raw Milk which has been pasteur-
ized, cooled, and bottled in a milk plant conforming
with all of the requirements for Grade A Pasteur-
ized Milk, and the average bacterial plate count of
which at no time after pasteurization and before
delivery exceeds 50,000 per cubic centimeter, as de-
termined under Sections 1 (1') and 6.
Grade C Pasteurized Milk. Grade C Pasteurized
Milk is pasteurized milk which does not meet the
requirements of Grade B Pasteurized Milk, and
which shall be plainly labeled "cooking only". (~7,
Ord. 4709, 12-21-36).
.
20-108. Standards and Specifications Kept on File.
The health officer shall keep on file at all times
for reference and public inspection, a copy of the
current edition of The Standard Methods of Milk
Analysis of the American Public Health Associa-
tion and the Association of Official Agricultural
Chemists; and the Milk Control Code of the United
States Public Health Service. (~8, Ord. 4709, 12-
21-36) .
20-109. Supplementary Grading Prescribed and
Regrading Authorized. If, at any time between the
regular announcements of the grades of milk or milk
products, as the result of the findings of two con-
secutive inspections of any dairy or milk plant, or
because the average bacterial plate count, the aver-
age reduction time, or the average cooling tempera-
ture exceeds the limit fixed for the grade currently
held by the milk supply in question, a lower grade
shall become justified in accordance with Section 7
of this ordinance, the health officer shall imme-
diately lower the grade of such milk or milk prod-
uct, and shall enforce proper labeling and placard-
ing thereof.
Any producer or distributor of milk or milk prod-
ucts the grade of which has been lowered by the
health officer, and who is properly labeling his milk
and/or milk products, may at any time make ap-
plication for the regrading of his product.
.
Upon receipt of a satisfactory application, in case
the lowered grade is the result of an excessive aver-
age bacterial plate count, reduction time, or cooling
temperature, the health officer shall take further
samples of the applicant's output, at a rate of not
more than two samples per week. The health of-
ficer shall immediately regrade the milk or milk
products upward whenever the average of the last
four sample results indicate the necessary quality.
In case the lowered grade of the applicant's prod-
uct is due to a violation of an item of the specifica-
tions prescribed in Section 7, other than average
bacterial plate count, reduction time, or cooling tem-
perature, the said application must be accompanied
by a statement sig-ned by the applicant to the effect
that the violated item of the specifications has been
conformed with. Within one week of the receipt
of such an application and statement the health of-
ficer shall make a reinspect ion of the applicant's
establishment, and, in case the findings justify, shall
regrade the milk or milk products upward.
In no case shall any degraded supply of milk or
milk products be regraded upward until it shall have
been labeled and placarded in ac~ordance with the
lowered grade of period of at least five days. (~9,
Ord. 4709, 12-21-36).
20-110. Dipping Milk; Delivery Containers; Han-
dling of More Than One Grade; Delivery of Milk at
Quarantined Residences. The sale of dip milk is
hereby expressly prohibited. All pasteurized milk
and milk products shall be placed in their final de-
livery containers in the plant in which they are
pasteurized, and all raw milk and milk products sold
for consumption in the raw state shall be placed in
their final delivery containers at the farm at which
they are produced. Milk and milk products sold in
quantities less than one gallon shall be delivered
in standard milk bottles.
It shall be unlawful for hotels, soda fountains,
restaurants, and similar establishments to sell or
serve any milk except in the original container in
which it was received from the producer or distribu-
tor, which shall be opened by or in the presence of
the customer, provided that this requirement shall
not apply to mixed milk drinks.
If more than one grade of milk or milk products
is sold by any distributor separate receiving, pas-
teurizing, cooling, and bottling equipment shall be
provided for each grade and the equipment for each
grade shall be located in separate buildings 01' in
separate rooms of the same building.
The delivery of milk or milk products to and the
collection of milk or milk products containers from
215
216
PUBLIC HEALTH.-Milk and Dairy Products; Ordinance.
Ch. 20, Art. 1
quarantined residences shall be subject to the spe-
cial requirements of the health officer. (~10, Ord.
4709, 12-21-36).
20-111. Milk and Milk Products from Points Be-
yond the Limits of Inspection of the City of Salina,
Kansas. Milk and milk products from points beyond
the limits of inspection of the City of Salina may
not be sold in the City of Salina or its police juris-
diction, unless produced and pasteurized under grad-
ing provisions identical with those of this ordinance
and approved by the health officer. Proof satis-
factory to and approved by the health officer that
such conditions have been complied with shall be
furnished by the person receiving any such milk or
milk products before the same shall be sold or dis-
tributed in the City of Salina. The limits of in-
spection shall not exceed 25 miles from the city lim-
its of the City of Salina. (~11, Ord. 4709, 12-21-36).
20-112. Spitting. No person shall spit in any
part of any room, vehicle, or other place used for
the sale, storage, handling, or transportation of milk
or milk products. (~12, Ord. 4709, 12-21-36).
20-113. Notific:tion of Disease. Notice shall be
sent to the health officer immediately by any pro-
ducer or distributor of milk or milk products upon
whose dairy farm or in whose milk plant any case
of sickness or any infectious, contagious or com-
municable disease occurs. (~13, Ord. 4709, 12-21-
36).
20-114. Repasteurization Prohibited. No milk or
milk products shall be pasteurized more than once,
except as may be specially permitted by the health
officer. (~14, Ord. 4709, 12-21-36).
20-115. Future Dairies and Milk Plants. All dair-
ies and milk plants from which milk or milk prod-
ucts are supplied to the City of Salina which are
hereafter constructed shall conform in their con-
struction to the requirements of the health officer,
which shall not be less than the Grade A require-
ments o~ this ordinance. (~15, Ord. 4709, 12-21-36).
20-116. Procedure When Infection Suspected.
When suspicion arises as to the possibility of trans-
mission of infection from any person concerned with
the handling of milk or milk products the health
officer is authorized to require any or all of the fol-
lowing measures: (1) the immediate exclusion of
that person from milk handling, (2) the immediate
exclusion of the milk supply concerned from dis-
tribution and use, ((3) adequate medical and bac-
teriological examination of the person, of his asso-
ciates, and of his and their bodily discharges. (~16,
Ord. 4709, 12-21-36).
20-117. Enforcement Interpretation. (See 20-122).
20-118. Penalty. Any person who shall violate
any of the provisions of this ordinance or who shall
fail, refuse or neglect to comply with any of such
provisions or with any of the lawful orders or regu-
lations made by the health officer of said city pur-
suant to this ordinance shall be deemed guilty of
a misdemeanor and shall be fined not more than
$100.00, or be imprisoned for not more than thirty
days or shall be punished by both such fine and
imprisonment, for each offense, provided that each
and every violation of any provision of this ordi-
nance and each day upon which any such violation
shall occur or continue shall be deemed a separate
offense. (~18, Ord. 4709, 12-21-36).
20-119. Milk Inspection Department; Milk Inspec-
tor. That there shall be and there is hereby created
a department of the City Government of the City
of Salina, which shall be known as the Milk In-
spection Department. That there shall be and there
is hereby created the office of milk inspector of
the City of Salina, who shall be the head of such
department, who shall be charged with the enforce-
ment of this ordinance, together with such assistants
and deputies of said milk inspector, as the City Man-
ager of the City of Salina shall hereafter deem
necessary for the proper enforcement of this ordi-
nance. The salary of the milk inspector and such
assistants or deputies of said milk inspector as may
be hereafter appointed shall be such as may be fixed
from time to time by ordinance. The milk inspector
and his assistants or deputies shall perform the du-
ties of the health officer as provided for in this
ordinance and such other duties as may be fixed
by ordinance or as may be directed by the City Man-
ager. (~19, Ord. 4709, 12-21-36).
(Published in the Book of Revised Ordinances of the
City of Salina, 1939)
ORDINANCE NO. 4956
An Ordinance amending Section 4, Section 5 and
Section 17 of Ordinance No. 4709 being an ordinance
defining and relating to production, gr3;ding ll;nd s~le
of milk and milk products, and repealmg saId ong-
inal sections.
Be It Ordained by the Board of Commissioners of
the City of Salina, Kansas:
Section 1. That Section 4 of Ordinance No. 4709 be
and the same is hereby amended to read, as follows:
20-120. Section 4. Labeling and Placarding. All
bottles, cans, packages, and other containers en-
closing milk or any milk product defined in this
--
.
.Ch. 20, Art. 1
PUBLIC HEALTH.-Milk and Dairy Products; Ordinance.
217
.
Qrdinance shall b.e plainly . labeled . or. marked with
(1) the name of the contents .as given in the defini-
tions in this ordinance; (2) the grade of the con-
tents if said contents are graded under the pro-
visions of the ordinance; (3) the word "pasteur-
ized" only if the contents have been pasteurized;
(4) the word "raw" only if the contents are raw;
(5) the name of the producer if the contents are
raw, and the name of the plant at which the con-
tents were. pasteurized, if the contents are pasteur-
ized; and (6) in the case of vitamin D milk, the
designation "Vitamin D Milk" and the source of the
vitamin D. The label or mark shall be in letters
of a size, kind, and color approved by the health
officer and shall contain no marks or words not
approved by the health officer.
Every restaurant, cafe, soda fountain, or other
establishment serving or selling milk or milk prod-
ucts shall display at all times, in a place designated
by the health officer, a notice approved by the
health officer, stating the lowest grade of milk
and/ or milk products served, and no establishment
or other place where milk or milk products are sold
or served for consumption on the premises shall
serve or deliver to any person, for consumption as
a beverage, any milk or milk products except in
the original bottle or container, and with the orig-
inal cap or label thereon, showing the grade of such
milk or milk products and by whom bottled or pro-
duced, which cap or label shall be removed only in
the presence of the person to whom such milk or
milk products are served or delivered.
20-121. Section 2. That Section 5 of Ordinance
No. 4709 be and the same is hereby amended to read
as follows:
Section 5. Inspection of Dairy Farms and Milk
Plants for the purpose of grading and regrading.
As often as the health officer may deem necessary
prior to the establishment and certification of any
grade, and at least once thereafter during each grad-
ing period the health officer shall inspect all dairy
farms and all milk plants whose milk or milk prod-
ucts are intended for consumption within the City
of Salina, or its police jurisdiction, and as a result
of such inspection or any subsequent inspection as
herein provided for, shall determine and establish
the grade of the milk or milk products produced
or processed on or in any such dairy farm or milk
plant and intended for consumption as a product
of such dairy farm or milk plant, and shall fur-
nish to the producer or distributor of such milk
or milk products a certificate of such grade, and
shall announce such grade, or any change thereof,
.
at. the times and. in the manner hereinafter pro-
vided for. In case the health officer discovers the
violation of any item of sanitation, he shall make
a second inspection after a lapse of such time as
he deems necessary for the defect to be remedied,
but not before the lapse of three days, and the
second inspection shall be used in determining the
grade of milk and/or milk products. Any violation
of any item of this ordinance on two consecutive
inspections within one grading period shall call for
immediate degrading, and in such event the health
officer shall establish and determine the grade to
which such milk or milk product is entitled, and
shall certify the same to the producer or distributor
of such milk or milk product as provided for in the
case of the establishment and determination of an
original grade. Any grade established and deter-
mined by the health officer for the milk or milk
product of any dairy farm or milk plant, and cer-
tified as herein provided for, shall remain as the
established grade of such milk or milk product until
the same is changed, and such milk or milk product
is regraded by the health officer, as in this ordi-
nance provided for, and it shall be unlawful for any
person to sell, offer or expose for sale, or have in
his possession with the intent to sell, or as avail-
able for sale, in the City of Salina, Kansas, any
milk or milk product which is labeled or branded, or
placarded, as being of any grade other than the
grade last duly detemined, established and certified
by the health officer as in this ordinance provided
for.
One copy of the inspection report and certificate
of grade, shall be posted by the health officer in a
conspicuous place upon an inside wall of one of the
dairy farm or milk plant buildings, and said inspec-
tion report and certificate shall not be removed by
any person except the health officer. Another copy
of the inspection report and certificate shall be
filed with the records of the health department.
The announcements of grades, as hereinabove pro-
vided for, and as mentioned in Section 7 of this ordi-
nance, shall be made by the health officer at least
once every six months, and whenever, after any
regular announcement is made, the previously an-
nounced grade of any producer or distributor has
been changed or the milk or milk products of such
producer or distributor has been regraded as pro-
vided for in this odinance, and any such announce-
ment shall be made by the health officer by public
notice, which shall either be published one time in
the official city paper, or posted in a conspicuous
place at the entrance of the City Building in which
the office of the health officer is maintained.
218
PUBLIC HEALTH.-Milk and Dairy Products; Ordinance.
Ch. 20, Art. 1
20-122. Section 3. That Section 17 of Ordinance tions 4, 5 and 17 of Ordinance No. 4,709 be and the
No. 4709 be and the same is hereby amended to same are hereby repealed.
read as follows:
Section 17. Enforcement; Interpretation. This
ordinance and the various terms used herein shall
be enforced and interpreted in accordance with the
interpretations thereof contained in the latest cur-
rent edition of the U. S. Public Health Service Milk
Code as published from time to time and any amend-
ments, revisions, or editions thereof.
20-123.
Section 4.
Repeal.
That original Sec-
20-124. Section 5. Take Effect. This ordinance
shall take effect and be in force after its publica-
tion in the Book of Revised Ordinance of the City
of Salina.
(SEAL)
Attest:
Introduced, October 2, 1939
Passed, October 9, 1939
Ed Morgenstern
Mayor
Chas. E. Banker
City Clerk
-
.
.
.
Ch. 20, Art. 2
PUBLIC HEALTH.-General Regulations.
ARTICLE 2.-General Regulations.
(See 13-415, 13-436, G. S. 1935)
20-201. References to Committee on Public Health.
(Section 6-201 provides that references to any Com-
mittee of the Council in any ordinance passed prior
to the adoption of the Commission-Manager form of
Government shall be deemed to refer to the Board
of Commissioners, except where otherwise specifi-
cally provided).
20-202. Reference to Committee on Public Healtn
and Sanitary Measure; reference to Sanitary and
Health Officer. That wherever in Ordinance No.
778, Ordinance No, 822, and Ordinance No. 1911, any
reference is made to the Committee on Public Health
and Sanitary Measures, such reference shall be
deemed to be and said ordinance shall refer to the
Sanitary and Health Officer and all duties pre-
scribed by said ordinances to be performed by the
Committee on Public Health and Sanitary Measures
and all authority conferred by said ordinances upon
such Committee shall be performed by and shall de-
volve upon the Sanitary and Health Officer of the
City of Salina. (~4, Ord. 3030, 9-15-24).
20-203. Small pox; other infectious disease; per-
sons spreading; penalty. Any person having, or
having had the small pox or other like malignant
or infectious disease, who shall go about in any
public place while in danger of imparting the dis-
ease to others, shall be subject to a penalty of not
less than five dollars nor more than one hundred
dollars: Provided, that this shall not apply to cases
where such persons shall have first consulted some
respectable physician and obtained from him or her
a written statement that such person is in no danger
of imparting the disease to others. Any person at-
tending or being about any person having the small
pox, or other like infectious disease, who shall not
change or purify his or her wearing apparel before
going into any public place, or who shall so conduct
himself or herself as to endanger the spreading of
the disease, or the giving of it to others, shall be
subject to a penalty not exceeding One Hundred
Dollars. (~2, Ord. 284).
20-204. Failure to post signs; penalty. If any
occupant of any house in this city shall have the
smallpox or other like malignant or infectious dis-
ease, the Mayor may require notices, with the words
"Small Pox Here", in large red letters to be posted
in conspicuous places on such houses or premises
by the occupant or occupants thereof, who shall
cause such notices to be placed and kept up as long
as directed by the mayor, and upon his or her fail-
ure to do so, he, she, or they shall be subject to a
penalty not exceeding Twenty Dollars for each day
he, she, or they shall fail so to place and keep up
such notices. And if such person shall fail to put
up such notices then the mayor shall cause the same
to be posted. (~3, Ord. 284).
20-205. Establish pest house. Whenever the small
pox or other infectious disease shall prevail in the
City of Salina, or within five miles thereof, it shall
be the duty of the Committee on Health to estab-
lish within the City, or within the limits aforesaid,
a pest house, to which the said Committee shall
transfer all persons having such disease, to be pro-
vided for at the expense of the City, unless such
persons are able to pay said expenses, and unless
said Committee shall be satisfied that such persons
can be better provided for at their place of resi-
dence. (~4, Ord. 284).
20-206. Vaccination; provided by City. Whenever
the small pox shall prevail within the City of Salina,
or within five miles thereof, it shall be the duty of
the Mayor to let to a practicing physician the vac-
cination of all the citizens of the city who may apply
for such vaccination, the expense thereof to be paid
by the City. (~5, Ord. 284).
20-207. Sanitary and Health Officer; make inspec-
tions. It shall be the duty of the Committee on Pub-
lic Health and Sanitary Measures (Sanitary and
Health Officer) to make a personal inspection of
the City as often as once a week during the months
of June, July, August and September of each year
and at such other times as may be ordered by the
City Council, for the purpose of examining into the
sanitary condition of the City. The said Commit-
tee or any member thereof, or any other person
acting under their orders, shall have the authority
to enter into and examine at any and all times all
buildings, lots and places of all descriptions within
the City for the purpose of ascertaining the condi-
tion thereof so far as the public health may be af-
fected thereby. (~2, Ord. 778,7-27-91; see ~20-202).
20-208. Cleanse premises; abate nuisances. The
Committee on Public Health and Sanitary Measures
(Sanitary and Health Officer) shall adopt all neces-
sary measures for cleansing and purifying all build-
ings, lots and other places, and for causing the re-
moval therefrom of all nauseous substances produc-
ing a disagreeable odor or tending to cause sick-
ness or disease, and to cause the removal, cleansing
and abating of all nuisances caused by dead car-
casses or by the conditions of privies, pig houses,
219
220
PUBLIC HEALTH.-General Regulations.
Ch. .20, Art. 2
pig pens, stables or any other out building or by
filth, stagnant water, decayed or decaying vegeta-
tion or other matter and they may do or cause to be
done whatsoever in their judgment shall be neces-
sary to carry out such measures. (Sec. 20-202;
S3, Ord. 778, 7-27-91; see S20-202).
20-209. Nuisances abated at expense of City. It
shall be lawful for the Committee on Public Health
and Sanitary Measures (Sanitary and Health Offi-
cer), in all cases where they may deem it neces-
sary for the speedy execution of their orders, to
cause any such nuisance or nuisances to be abated
or removed at the expense of the City; and also
to cause any such nuisance or nuisances which may
exist upon the property of any non-resident owner,
or upon property the owner of which cannot be
found, or is unknown and cannot be ascertained, or
upon property whose owner refuses or neglects to
abate or remove such nuisance or nuisances, to be
abated or removed in like manner at the expense of
the City; the said Committee (Officer) shall certify
to the City Clerk a description of such pieces of
property, together with the cost of abating or re-
moving such nuisances therefrom and such amount
shall be assessed upon such property by the City
Council and the same shall be certified to the County
Clerk to be collected as other special assessments.
(S4, Ord. 778, 7-27-91; see S20-202; see 13-436, G. S.
1935).
20-210. Each day's violation separate offense.
Each day's continuance of any nuisance after the
expiration of the time specified in the order of the
Committee on Public Health and Sanitary Measures
referred to in the preceding section shall be deemed
as a separate and distinct offense, and shall be pun-
ished accordingly. (S6, Ord. 778, 7-27-91; see S20-
202).
20-211. Stagnant water; disposal. Should the
Committee on Public Health and Sanitary Measures
(Sanitary and Health Officer) at any time deem it
necessary in order to preserve the health of the
City that the water falling from the roofs of any
buildings situated within the City of Salina, and
which water accumulates and forms stagnant pools,
should be carried away by the public sewer or other-
wise, such Committee (Officer) shall order the im-
mediate disposition of such water by the owner or
occupant of such premises by connecting such prem-
ises with the sewer in such manner as will convey
away said water, or by otherwise conveying the
same away so as to avoid all stagnant pools. Any
such connection with the public sewer shall be made
under the direction of said Committee (Officer) and
in accordance with Ordinance No. 725 so far as -the
same is applicable and any other disposition of the
same shall be under the supervision and direction
of said Committee (Officer). Should the owner or
occupant of such premises where ordered by said
Committee (Officer) so to do, fail or neglect for
ten days to make the connection necessary to convey
such water into the public sewers or otherwise dis-
pose of same, said Committee (Officer) shall pro-
ceed and have the necessary work done to convey
away such water by the public sewer or otherwise
at the expense of the City, certifying the descrip-
tion of the premises and the cost of the work to
the City Clerk and the amount thereof shall be as-
sessed upon such property by the City Council and
certified to the County Clerk to be collected as other
special assessments. (S7, Ord. 778, 7-27-91; see S20-
202).
20-212. Violation of Sees. 20-207 to 20-211; evi-
dence. In all trials for the violations of the pro-
visions of this ordinance, the certificate of any police
officer, or the ex-parte affidavit of service of any
order, notice or requirement of the Committee on
Public Health and Sanitary Measures (Sanitary and
Health Officer), purporting to have been made by
the person who made such service, shall be deemed
and taken as prima facie evidence that such service
of order, notice or requirement was made as set
forth in such certificate or affidavit. (S8, Ord. 778,
7-27-91; see S20-202).
20-213. Violation of Secs. 20-207 to 20-211; penalty.
Any person violating any of the provisions of the
foregoing sections of this ordinance, or refusing to
obey any order of the Committee on Public Health
and Sanitary Measures (Sanitary and Health Offi-
cer), shall upon conviction thereof in Police Court,
where no other penalty is prescribed,be fined in any
sum not less than $5.00 nor more than $100.00 for
each offense. (S9, Ord. 778, 7-27-91; see S20-202).
20-214. Vaults, Cesspools, Prohibited; When.
(Ref: see 13-436, G. S. 1935). It shall be unlaw-
ful for any person, firm or corporation to construct
on any property in the City of Salina, which abutts
on any street or alley in which there is located a
public sewer, or which is sufficiently close to any
public sewer to have access thereto, any vault or
cesspool, and it shall be unlawful for any person,
firm or corporation to use or permit the use of any
vault or cesspool now constructed on any such prop-
erty. 0\1, Ord. 3779, 9-7-29).
20-215. Same; Notice. That any vault or cess-
pool now or hereafter located or constructed on any
.
Ch. 20, Art. 2
PUBLIC HEALTH.-General Regulations.
2:!1
.
property in the City of Salina which abutts upon
any street or alley upon which there is or in which
there may be hereafter located any public sewer,
or which is accessible to any public sewer now or
hereafter constructed, shall be and the same is here-
by 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 of Salina, or if such owner be a non-
resident of the City of Salina, then to the agent
of such owner if such agent be a resident of the
City of Salina, and if such agent can be found by
or is known to the Chief of Police. If any such
occupant, owner or agent, or any of them,. are non-
residents of the City of Salina, or cannot be found
or located by the Chief of Police in said city, such
notice as to any or all of such persons who are non-
residents or who cannot be located within the city,
may be posted in a conspicuous place on said prem-
ises and such posting shall have the same effect
as to such non-residents or persons who cannot be
found or located in said city, as if the same had
been personally served upon them.
Every such vault or cesspool is hereby declared
to be a public nuisance and if within ten 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 of the City of Salina, and the cost
thereof shall be reported to the Board of Commis-
sioners 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 assess-
ments for repairing and building sidewalks. (~2,
Ord. 3779, 9-7-29).
20-216. Same; Service of Notice; Connection to
Sewers; Costs. That every person, firm or corpor-
ation owning any property in the City of Salina
which abutts upon any street or alley in which
there is located a public sewer or which is accessi-
ble to any public sewer, shall, upon order of the
.
Board of Commissioners of the City of Salina, and
upon notice given by the Chief of Police of such
order, connect said property with such sewer. The
notice herein provided for shall be served in the
same manner as that provided for in the preceding
section of this ordinance. The maintenance or use
of any such property without sewer connection, if
same shall be ordered as provided for herein, be and
the same is hereby declared to be a public nuisance
and any such nuisance may be abated by the City
of Salina by the connection of such property to any
such sewer, and if after the notice herein provided
for is served or posted, as required herein, the owner
of said property shall neglect or refuse to make
such connection, the Board of Commissioners of said
city may contract for the construction of such sewer
connection or may employ any person to make such
connection, and tax the cost thereof as a special
assessment against the real estate so connected to
any such sewer in the same manner as provided
for in the preceding section of this ordinance. (~3,
Ord. 3779, 9-7-29).
20-217. Definitions. The terms "vault" and "cess-
pool" as used herein shall be deemed to include all
privy vaults, septic tanks, and any receptacle for
filth or excrement for the carrying off of which
the sewers of the city may be properly used, and
all appurtenances thereto. (~4, Ord. 3779, 9-7-29).
20-218. Violations of Secs. 20-214 to 20-217;
penalty. Any person, firm or corporation, or the
agent, employee, representative, officer or member
of any such person, firm or corporation who shall
violate any of the provisions of this ordinance, or
who shall fail, neglect, or refuse to comply with
any order or notice made or given pursuant to the
provisions of this ordinance, or who shall maintain
or permit the maintenance of any nuisance described
in this ordinance, shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be fined
not less than $25.00 nor more than $100.00 for each
offense and each day upon which any such nuisance
shall be permitted to continue, or during which any
violation of this ordinance shall be permitted or
caused to exist, may be deemed a separate offense.
(~5, Ord. 3779, 9-7-29).
.
.
.
Ch. 20, Art. 3
ARTICLE a.-Venereal Diseases.
PUBLIC HEALTH.-Venereal Diseases.
223
20-301. Venereal diseases dangerous to public
health. Syphilis, gonococcus infection and chancroid,
hereinafter designated venereal diseases, are hereby
recognized and declared to be contagious and in-
fectious, communicable and dangerous to the public
health. (~1, Ord. 2216, 10-12-18).
20-302. Venereal diseases to be reported. Here-
after, each and every physician or other practitioner
of the healing art practicing in the City of Salina,
Kansas, or any superintendent or manager of a hos-
pital or dispensary, or any other person who treats
or examines any person suffering from or afflicted
with a venereal disease in any of its stages or mani-
festations, shall report to the City Physician the
existence of such disease.
All such reports shall be made in writing within
forty-eight hours after diagnosis, on blank forms
approved by the State Board of Health and obtain-
able from the City Physician, and shall give the
number of the case, which number shall correspond
with the serial number of instructions given to the
patient; the name and address of the patient as
hereinafter required; the type and stage of such
disease; the color, the sex, the marital state, and
the occupation of the person affected with the dis-
ease; and a statement as to whether or not the na-
ture of the occupation or place of employment of
the person afflicted with such disease makes him
or her a menace to the health of any other person
or persons: Provided, that whenever the person
making the report will assume full responsibility for
such conduct of the person afflicted with a venereal
disease as will prevent the transmission of same to
others, nothing in this paragraph shall be construed
to require the reporting of the name and address
of the person afflicted with a venereal disease. In
the event that the person making the report is un-
willing to assume responsibility or shall know or
suspect that a person having a venereal disease is
so conducting, or about to conduct himself or her-
self in such manner as to expose other persons to
such infection, he shall then report the name and
address of such afflicted person, together with such
other essential facts as may be required by the City
Physician. (~2, Ord. 2216, 10-12-18).
20-303. Persons afflicted with venereal diseases
to be given a circular of information. It shall be
the duty of each and every physician or other prac-
titioner of the healing art practicing in the City of
Salina, Kansas, or any other person who visits, at-
tends, advises professionally, prescribes for or ren-
ders medical or surgical assistances to or is con-
sulted for medical advice by any person having a
venereal disease, to at once give to such person a
copy of this ordinance together with a serially num-
bered circular of instructions, obtainable from the
City Physician and approved by the State Board of
Health, entitled "Instructions for Preventing the
Transmission of Gonorrhoea or Syphilis," and to re-
port such fact in writing in the report required to
be made of such cases. (~3, Ord. 2216, 10-12-18).
20-304. Change of physician to be reported to
physician first consulted. When a person applies to
a physician or other person for treatment of a ven-
ereal disease, it shall be the duty of the physician
or person consulted to inquire of and ascertain from
the person seeking treatment whether such person
has theretofore consulted with or been treated by
any other physician or person, and if so, to ascer-
tain the name and address of the physician or per-
son, last consulted. It shall be the duty of the ap-
plicant for treatment to furnish this information
and a refusal to do so, or falsely stating the name
and address of such physician or person consulted
shall be deemed a violation of this ordinance. It
shall be the duty of the physician whom the appli-
cant seeks to and does consult or employ to notify
the physician last consulted or employed of the
change of advisors, such notification to be made
upon a form furnished for that purpose by the City
Physician. Should the physician or person previously
consulted fail to receive such notice within ten days
after the last appearance of such venereally diseased
person, it shall be the duty of such physician to
report to the City Physician the name and address
of such venereally diseased person. (~4, Ord. 2216,
10-12-18).
20-305. Protection of others from infection by
venereally diseased persons. Upon receipt of a re-
port of a case of venereal disease it shall be the
duty of the City Physician to institute such meas-
ures for the protection of other persons from infec-
tion by such venereally diseased person as said City
Physician is already empowered to use to prevent
the spread of other contagious, infectious or com-
municable diseases. (~5, Ord. 2216, 10-12-18).
20-306. Reports to be confidential. All informa-
tion and reports concerning persons infected with
venereal diseases shall be confidential and shall be
inaccessible to the public except insofar as publicity
may attend the performance of the duty imposed
upon the City Physician by this ordinance and the
rules of the State Board of Health and Laws of the
State of Kansas. (~6, Ord. 2216, 10-12-18).
Ch. 20, Art. 3
PUBLIC HEALTH.-Venereal Diseases.
224
20-307. Suspected cases to be investigated. In all
suspected cases of venereal disease in the infectious
stages, the City Physician shall immediately use
every available means to determine whether the per-
son or persons so suspected of being infected are
suffering from said diseases or any of them, and
whenever said diseases are found to exist, the City
Physician shall, whenever possible, ascertain the
sources of such infection. In such investigation, the
City Physician is hereby vested with full power of
inspection, examination, isolation, and disinfection of
all persons, places and things as provided herein.,
(~7, Ord. 2216, 10-12-18).
20-308. Powers and duties of City Physician. It
is hereby made the duty of the City Physician and
he is hereby directed and empowered: (a) To make
examinations of persons reasonably suspected of
having syphilis in the infectious stages or Gonococ-
cus'infection. Owing to the prevalence of such dis-
ease among prostitutes, all prostitutes may be con-
sidered within the above class.
(b) To isolate persons infected with any of said
diseases whenever isolation is necessary to protect
the public health. In establishing isolation, the City
Physician shall define the limits of the area in
which the persons reasonably suspected or known
to have syphilis or gonococcus infection and his or
her immediate attendant are to be isolated, and no
person, other than the attending physician, shall
enter or leave the area of isolation without the per-
mission of the City Physician.
(c) In making examinations and inspections of
women for the purpose of ascertaining the existence
of syphilis or gonococcus infection, to appoint women
physicians for said purposes where the services of
a woman physician are requested or demanded by
the person examined.
(d) In cases of quarantine or isolation, not to
terminate said quarantine or isolation until the
cases have become non-infectious.
(e) Cases of gonococcus infection are to be re-
garded as infections until at least two successive
smears taken not less than forty-eight hours apart
fail to show gonococci.
(f) Inasmuch as prostitution is the most prolific
source of syphilis and gonococcus infection, the City
Physician shall use every proper means of suppress-
ing the same, and he is hereby prohibited from is-
suing certificates or other evidence of freedom from
venereal diseases.
(g) To keep all records of said inspection and
examination from public inspection, and to make
every reasonable effort to keep secret the identity
of those affected by venereal disease control meas-
ures, as far as may be consistent with the protection
of the public health. (~8, Ord. 2216, 10-12-18).
20-309. Dentcntion hospital. It shall be the duty
of the City Physician to use only such building
or buildings for quarantine purposes under this or-
dinance as shall be first provided or accepted by
the City Council, provided however, that the State
Industrial Farm for Women at Leavenworth may
be used for such purposes. (~9, Ord. 2216, 10-12-18).
20-310. Quarantine. Whenever it is necessary
for the protection of the public health that persons
infected with venereal diseases be quarantined, the
City Physician shall quarantine such diseased per-
sons in said detention hospitals or at said Indus-
trial Farm and cause to be administered to such
persons a proper course of treatment. (~10, Ord.
2216, 10-12-18).
20-311. Bond or cash guaranty in lieu of quar-
antine. In lieu of isolation or quarantine, any per-
son infected with any of said diseases may be re-
leased upon bond as herein provided. Such persons
shall make written application therefor to the City
Physician which application must be made under
oath and must state that the applicant is not a
prostitute. Such application shall be accompanied
by a certificate signed by the Chief of Police and
the Police Judge, that the applicant is not a prosti-
tute. The applicant shall then file with the City
Treasurer a bond in the penal sum of One Thousand
Dollars ($1,000.00), conditioned that the applicant
will not permit or perform any act which might or
would infect or expose to infection any other per-
son, will continue proper medical treatment until
cured and will faithfully observe all rules, regula-
tions and requirements of said City Physician to
protect the public against infection or contagion.
Said bond shall run to the State of Kansas and
shall have one or more sureties, to be approved by
the City Treasurer, provided that a cash guaranty
in a like amount may be accepted in lieu of such
undertaking.
Before any person is released from any such bond
as cured, a final examination and approval by the
City Physician must be secured. (~1l, Ord. 2216,
10-12-18) .
20-312. Spread of venereal diseases unlawful. It
shall be unlawful for any person to inoculate any
other person with any of the venereal diseases
named in Section 1, hereof, and it shall be unlawful
for any person to perform or commit any act which
.
Ch. 20, Art. 3
PUBLIC HEALTH.-Venereal Diseases.
225
exposes any other person to inoculation of or in- of his duties comply with all of the prOVISIOns of
fection with any of the said diseases. (~12, Ord. this ordinance. (~15, Ord. 2216, 10-12-18).
2216, 10-12-18).
20-316. Term of office. Such appointment, so
made as aforesaid shall expire on the 15th of May,
1919, and thereafter, on or before the 15th of May,
a City Physician shall be appointed each year for
a term of one year, which said appointment shall
be confirmed by the Council of the City of Salina,
Kansas. (~16, Ord. 2216, 10-12-18).
20-313. Druggists to keep record of sales of drugs
for venereal diseases. Any druggist or other person
who sells any drug compound, specific or prepara-
tion of any kind used for the cure of any of said
venereal diseases shall keep a record of the name,
address and sex of the person making such purchase,
a copy of said record shall be mailed each week to
the City Physician. (!l13, Ord. 2216, 10-12-18).
20-314. Obstructing City Physician. It shall be
unlawful for any person to obstruct said City Physi-
cian in the performance of his duties herein re-
quired. (~14, Ord. 2216, 10-12-18).
20-315. City Physician appointed. That for the
purpose of effectually carrying out the terms and
provisions of this ordinance the Mayor of said City
shall appoint some reputable physician, whose ap-
pointment shall be confirmed by the Council, to act
as City Physician and who shall in the performance
20-317. Compensation of Physician. That the
said City Physician shall receive as full compensa-
tion for his services under this ordinance the sum
of Ten ($10.00) Dollars for each person examined
under the provisions of this ordinance. (!l17, Ord.
2216, 10-12-18).
20-318. Violations. Any person violating any of
the provisions of this ordinance shall be punished
by a fine of not less than $50.00 nor more than
$100.00, or by imprisonment for a period of not to
exceed six months, or by both fine and imprison-
ment. (!l18, Ord. 2216, 10-12-18).
.
.
.
Ch. 22, Art. 1 PUBLIC UTILITIES FHANCHISES.-Electric Light, Power & Gas.
CHAPTER 22.-PUBLIC UTILITIES
FRANCHISES AND REGULATIONS
(Water Works Dept., see Ch. 36)
Article I.-Electric Light, Power & Gas; Franchise
to Thomas H. Smith and Assigns; Salina
Light, Power & Gas Company.-22-101
to 22-123.
2.-Natural Gas; Franchise to The Kansas
Pipe Line & Gas Company.-22-201 to
22-218.
3.-Street Lighting; United Power & Light
Corporation.-22-301 to 22-304.
(Note: For Assignment of Franchises
under Articles 1, 2 and 3, see 922-123).
4.-Buss Transportation; Franchise to The
Salina Transit Company.-22-401 to 22-
415.
5.-Miscellaneous Franchises and Grants.-
22-501 to 22-517.
G.-Miscellaneous Regulations. - 22-601 to
22-613.
.
ARTICLE I.-Electric Light, Power and Gas; Fran.
chise to Thomas H. Smith and Assigns; Salina
Light, Power and Gas Company.
22-101. Title of ordinance. An ordinance grant-
ing to Thomas H. Smith, his successors and assigns,
the right to manufacture, distribute and sell elec-
tricity and gas for light, heat, power and other pur-
poses in the City of Salina; to use and occupy the
streets, alleys and public grounds of the said City
for the erection and maintenance of poles, wires
and conduits, and for the laying of the mains and
pipes therefor; and contracting with said Thomas
H. Smith, his successors and assigns for the light-
ing of the streets, public buildings and grounds of
said City, and repealing Ordinance Number 1218,
passed and approved, March 8, 1904, and repealing
Ordinance Number 1560, passed and approved, June
30, 1910. (Ord. 1566, 7-27-1910).
22-102. Term of franchise. That the right to
manufacture, distribute and sell electricity and gas
for light, heat, power and other purposes, in the
City of Salina, Kansas, for the period of twenty
years from the date of the passage and publication
of this ordinance, is hereby granted to Thomas H.
Smith, his successors and assigns, hereinafter desig-
nated as the grantee. (Sl, Ord. 1566: Amd. 91, Ord.
2295, Nov. 3, 1919).
number 1566, so that the same shall extend for a
period of twenty years from the date of this ordi-
nance. All of the other terms and conditions of said
ordinance number 1566 not being in any wise altered,
modified or changed hereby. (92, Ord. 2295, Nov.
3, 1919).
22-104. Franchise effective; acceptance in writing.
This ordinance to be effective shall be accepted by
The Salina Light, Power and Gas Company, the as-
signee of the said Thomas H. Smith within thirty
days after the passage and approval hereof by filing
with the City Clerk of the City of Salina, Kansas,
its acceptance in writing of all the terms, condi-
tions and stipulations hereof. (93, Ord. 2295, Nov.
3, 1919).
22-105. Acceptance of Ordinance 2295.
December 2, 1919.
To the Honorable Mayor and Council
of the City of Salina.
Gentlemen:
The Directors of the Salina Light, Power and Gas
Company held a meeting on November 29th, 1919,
and accepted the extension of their franchise by
adopting the following resolution:
That the Salina Light, Power and Gas Company,
which is the assignee of Thos. H. Smith, hereby
accepts all the terms, conditions, and stipulations
included in the Ordinance No. 2295 passed by the
City Council and approved by the Mayor of the City
of Salina on November 3rd, 1919.
Jas. L. Stone, Vice Pres. & Gen. Mgr.
Filed in City Clerk's office Dec. 2, 1919.
Chas. E. Banker, City Clerk.
22-10G. Maintain works; use streets. That to
this end and for this purpose said grantee, his suc-
cessors and assigns, is authorized to purchase or to
erect, or to both purchase and erect, maintain and
operate in the City of Salina, suitable works for
the manufacture of electricity and gas, and the use
of the streets, sidewalks, alleys and public grounds
of said city for the period of twenty years from
the date of the passage and publication of this or-
dinance, is hereby granted to him, his successors
and assigns, for the erection of poles, the stretch-
ing of wires and laying of conduits, mains and ser-
vice pipes for the proper distribution of the same.
(S2, Ord. 1556, 7-27-1910).
22-103. Extension of franchise term. That it is 22-107. Excavations in streets; repairs. All ex-
the purpose and intent of this ordinance to grant cavations or trenches made in the streets, alleys,
an extension of the franchise created by ordinance sidewalks, pavements or public grounds of the said
.
227
228
PUBLIC UTILITIES FRANCHISES.-Electric Light, Power & Gas.
Ch. 22, Art. 1
City under the grant aforesaid shall forthwith be
refilled so as to leave the streets, alleys, sidewalks,
pavements and public grounds in as good condition
as before such excavations or trenches were made,
and such work shall be subject to the supervision
and direction of such officer or committee as the
Common Council of said City may designate; and
in case the said grantee, his successors or assigns,
after having had ten days' written notice shall fail
to make such repairs as aforesaid, the said City
may make such repairs at the expense of said
grantee, his successors or assigns, which such ex-
pense, by the acceptance of this ordinance said
grantee hereby agrees to pay. (S3, Ord. 1566, 7-
27-1910) .
22-108. Wires and poles; height. All line wires
supported on poles and all arc lamps hung at street
intersections; under this ordinance, shall be not
less than sixteen feet above the ground, and all
poles supporting line wires shall be not less than
thirty feet long and not less than five inches in
diameter at the top. (S4, Ord. 1556, 7-27-1910).
22-109. Wires, cables, etc.; location. The poles,
wires, cables and conduits used in the transmis-
sion of electricity, whenever practical shall be by
the grantee erected or laid exclusively in the alleys
of the City, and at the extreme side thereof, under
the direction of City Engineer, and when the same
shall occupy streets, they shall be erected at the
inner edge of the curb, under the direction of the
City Engineer, and all such poles shall be so situ-
ated and placed and the wires so strung thereon
as not to injure persons or property, or obstruct
the ordinary use of any street or alley of said
City; Provided, this grant is made subject to all
reasonable regulations now existing or to be made
by said City concerning the moving of buildings and
other uses of the streets and alleys of said City;
Provided further, that the City shall have the right
to require said grantee, his successors and assigns,
to relocate any pole or poles to meet the above re-
quirements without expense to the City; Provided
further, that after the City of Salina shall acquire
a population of twenty-five thousand (25,000) peo-
ple, said City may require said grantee, his suc-
cessors and assigns, to place any or all wires, cables
and conduits under ground within the fire limits
of the City of Salina, at any time the said City
shall deem the same to be for the best interests of
the said City, and such change or changes shall be
made under the direction of the City Engineer, in
such manner as the said City may direct, and at
the expense of the said grantee, his successors and
assigns; and Provided further, that no poles, wires,
cables or conduits shall be located, strung or laid
in or upon any public ground without the definite
location of the same having been first obtained
from the governing body of the said City of Salina.
(S5, Ord. 1556, 7-27-1910).
22-110. Rates; residence lighting. That the Salina
Light, Power & Gas Company, hereinafter called
the Company, may charge for electric current fur-
nished for residence lighting in the City of Salina
a maximum rate of not to exceed nine cents (9c)
per kilowatt hour for the first fifty (50) kilowatt
hours used per month; and five cents (5c) per kilo-
watt hour for all kilowatt hours in excess of fifty
(50) thereof used per month, as measured by meters
of standard make to be installed by and to remain
the property of said Company; provided however,
that any customer of said Company who fails to
make payment of his account on or before the 10th
day after due date thereof will be subject to and
shall pay an additional charge of ten percent (10
per cent) of the gross amount of said bill for this
service; and provided further that no monthly bill
for residence lighting shall be less than one dollar
($1.00). (S6, Ord. 1566, Amd. by Sl, Ord. 2201,
Amd. by Sl, Ord. 2361, Amd. by Sl, Ord. 2459, 3-4-
1922).
22-111. Rates; commercial lighting. That the
Company may charge for electric current furnished
for commercial lighting in the City of Salina a
service or demand charge of not to exceed the sum
of one dollar ($1.00) per month for the first five
amperes 110 volt of meter capacity together with
a further service charge of not to exceed fifty cents
(50c) per month for each additional five amperes
110 volt capacity together with a consumption charge
of not to exceed five and one-half cents (5lhc) per
kilowatt hour used per month as measured by meters
of standard make to be installed by and to remain
the property of said Company; provided further,
however that should the service and consumption
charge not be paid by any customer on or before
the 10th day after due date thereof that the Com-
pany shall have the right to charge in addition
thereto ten per cent (10 per cent) of the gross
amount of said customer's account for this service.
(S6, Ord. 1566, Amd. by Sl, Ord. 2201; Amd. by S2,
Ord. 2361; Amd. by S2, Ord. 2459, 3-4-1922).
22-112. Rates; secondary power. That said Com-
pany may charge for electric current furnished for
secondary power in the City of Salina a demand
or service charge of not to exceed one dollar ($1.00)
per month per horse power connected together with
-
.
.
.
Ch.22, Art. 1 PlJBLIC UTILITIES FRANCHISES.-Electric Light, Power & Gas.
3. consumption charge of not to exceed the maxi-
mum rate, of four cents (4c) per kilowatt hour for
the first five hundred (500) kilowatt hours used per
month and not to exceed three cents (3c) per kilo-
watt hour for all over five hundred (500) kilowatt
hours used per month, as measured by meters of
standard make to be installed by and to remain
the property of said Company; Provided, further,
however, that should the charge for such service
and current not be paid by any customer on or be-
fore the 10th day of the month following that in
which said service is rendered and current used then
that the Company shall have the right to charge
in addition thereto ten per cent (10 per cent) of the
gross amount of such customer's account for this
service. (S7, Ord. 1566, Amd. by Sl, Ord. 2201;
Amd. by S3, Ord. 2361, Amd. by S2, Ord. 2459, 3-4-
1922).
22-113. Rates for artificial gas.
S1. That section four (4) of Ordinance No. 2459
be and the same is hereby amended to read as fol-
lows:
S4. (a) That the Salina Light, Power and Gas
Company, hereinafter referred to as the Company,
may charge the following maximum rates for arti-
ficial gas furnished to all customers thereof in the
City of Salina, according to the schedule or rates
known and designated as "Rate B" or the "Three
Part Rate", such schedule being as follows:
The Salina Light, Power and Gas Company, Salina,
Kansas.
Schedule of Rates for Gas Service,
Rate B or Three Part Rate.
Available to any customer located on the mains
of the Company.
Rates:
1. A commodity charge, per 100 cubic feet of
gas metered per month, 5c.
Plus:
2. A requirements charge, per cubic foot of maxi-
mum hourly requirements. Per year (to be paid in
12 equal monthly installments) 40c. Plus:
3. A customer charge, per meter, per year $12.00
(to be paid in 12 equal monthly installments).
Determination of Requirements:
The requirements of the customer shall be deter-
mined by the customer, after which limiting devices
may be installed by the Company to limit the flow
to the requirements agreed upon.
The minimum requirements shall be 22% cubic
feet per hour.
All customers shall enter into a .contract for. gas
on the above rate for the period of one .yeaJ;'. No
reduction in the requirements shall be made within
the life of the contract.
Discount, None.
The above net rates apply only in case a bill is
paid within ten days after the expiration of the
month for which service is rendered. If not so paid,
the gross rates which are the above rates plus 10
per cent, then apply.
Special Rules:
If a meter is disconnected it shall not be recon-
nected at the same address and for the same cus-
tomer (or any member of his family, except upon
the payment of a reconnection charge of $5.00.
(b) That the schedule of rates provided for in
the preceding sub-division hereof shall not take ef-
fect, except as hereinafter provided, until the ex-
piration of six months from and after the final
passage and approval of this ordinance, Provided,
however, that in the interim between the final pas-
sage and approval of this ordinance and the expira-
tion of the six months period hereinabove mentioned,
said Company may charge the following maximum
rates for artificial gas furnished to all consumers
thereof in the City of Salina, according to the sched-
ule of rates known and designated as "Rate A" or
the "Two Part Rate," such schedule being as fol-
lows, to-wit:
The Salina Light, Power and Gas Company, Salina,
Kansas.
Rate A or Two Part Rate
Available to any customer on the mains of the
Company.
Rate:
1. All year service, for the first 100 cubic feet
or less thereof used each month $1.75.
For all additional gas per 100 cubic feet 10c.
2. Part Year Service, if a meter is reconnected
at the same address and for the same customer (or
any member of his family) within four months after
the meter has been disconnected, the charge for the
first 100 cubic feet shall also be made for each
month the meter has been disconnected.
Discount, None.
The above net rates apply only in case a bill is
paid within ten (10) days after the expiration of
the period for which service is rendered. If not
so paid the gross rates, which are the above rates
plus 10 per cent, then apply.
229
230
PUBLIC UTILITIES FRANCHISES.-Electric Light, Power & Gas.
Ch. 22, Art. 1
(c) That said "Rate A" provided for in the pre-
ceding sub-divisian here 'Of shall became effective and
shall apply to and affect all bills far service based
on meter readings made an and after Octaber 1st,
1923, and shall, except as hereinafter provided, be
and remain in effect for a periad of six months
after said October 1st, 1923, and shall affect and
apply to all bills for service based an a meter read-
ing made priar ta April 1st, 1924, except as herein-
after provided.
(d) That during said six months periad above
referred ta during which said "Rate A" shall be in
effect, the Company may an the written applicatlian
'Of any customer, put into effect said "Three Part
Rate," or "Rate B," and shall put such rate inta ef-
fect as to any custamer making applicatian there-
far in the 'Order in which such applicatians are re-
ceived and filed at the 'Offices 'Of the Company, Pra-
vided however, that the Campany shall have a
reasonable time ta secure and install the necessary
appliances and devices required for the operation
'Of said "Three Part Rate."
(e) That befare said April 1st, 1924, the Com-
pany shall have installed in 'Or on the line 'Of each
customer, the necessary appliances and limitling de-
vices required far the 'Operation 'Of said "Three Part
Rate" and each custamer 'Or person applying for ser-
vice prior to such date shall permit the autharized
employees of the Campany to have access ta the
premises 'Of such customer 'Or applicant for the pur-
pose of installing such appliances and devices, and
if any customer 'Or applicant shall refuse ta permit
the Company to install such appliances or devices
prior to said April 1, 1924, then the Company shall
have the right ta discontinue the furnishing 'Of gas
to such premises until such appliances or devices
have been installed.
(f) That priar to said April 1, 1924, 'Or priar to
putting into effect said "Three Part Rate" in the
premises of any custamer, the Company shall with-
out charge ta such customer, adjust the stoves or
other appliances then in use on the premises of such
custamer sa as ta afford the proper use of gas
thraugh such stoves 'Or ather appliances in relation
to the requirements contracted far by such cus-
tamer.
(g) That nathing in such schedule of rates desig-
nated as the "Three Part Rate" shall prevent any
customer from discontinuing the use of gas at any
time upon written notice to the Company and pay-
ment of all charges then due, 'Or require the pay-
ment of any charge 'Of any kind after such discan-
tinuance, Pravided haw ever, that after a meter has
been discannected, it shall nat be re-cannected with-
in 'One (1) year at the same address far the same
custamer 'Or any member 'Of his family, except at
the 'Original can tract rate far the remaining par-
tian 'Of the 'Original can tract year, and except an the
payment ta the Campany 'Of a re-cannection charge
'Of $5.00, unless during at least a majarity 'Of the
time between such discantinuances and re-cannectian
gas shall have been used on said premises and paid
far by same ather custamer, in which event such
$5.00 charge shall nat be made.
(h) That the Campany shall install in its plant
suffIcient equipment to furnish and distribute ta the
users 'Of gas within the City 'Of Salina at all times
after the adaptian 'Of this 'Ordinance, a sufficient
quantity of gas ta permit each and every 'One '01'
its customers ta use at all tImes the maximum
amaunt 'Of gas ta which such customers will be en-
titled under the requirements far which such cus-
tomers may have cantracted, and the Campany shall,
at all times, sa maintain its plant and its dIstribu-
tian system and the necessary equipment therefar
as ta enable it ta furnish at any time the maxi-
mum amaunt 'Of gas which may be sa required by
such custamers. (98, Ord. 1566; Amd. by 92, Ord.
2~01; Amd. by 94, Ord. 2361; Amd. by 94, Ord. 2459;
Amd. by 91, Ord. 21552; 9-27-1923).
22-114. Rates changed by City. That said maxi-
mum charges sa fIxed as alOresaid and said service
and demand charges as hereinbefare pravided far
shall be m farce and effect 'Only until such time as
"he Mayar and Cammissianers 'Of the City 'Of Salina,
Kansas, shall madify, change 'Or alter the same as
pravided far in Sectian Ten (10) 'Of Ordinance Num-
ber 1566, and the right is hereby expressly reserved
ta the Mayar and Cammissianers ta sa madify,
change 'Or alter such maximum charges sa fixed as
afaresaid being hereby expressly reserved ta such
Mayar and Cammissianers and that nathing herein
cantained shall be held 'Or canstrued ta limit the
rights and privileges reserved ta said Mayar and
Cammissianers by Sectian Ten (10) 'Of Ordinance
Number 1566, Sectian Three (3) 'Of Ordinance Num-
ber 2201 and Sectian Twa (2) 'Of Ordinance Num-
ber 2295. (95, Ord. 2361; 95, Ord. 2459, 3-4-1922).
22-115. Right 'Of City t'O change rates. The fran-
chise hereby granted is upan the express canditian
that the City 'Of Salina shall have the right, and
such right is hereby expressly reserved by said City,
ta make fram time ta time, during the life 'Of this
franchise, reasanable reductians 'Or increases, 'Or
-
.
Ch. 22, Art..~ PUBLIC UTILITIES FRANCHlSES.-Electl'ic Light, Power & Gas.
other reasonable changes in the maximum rates or
prices t-o private. consumers, or contract rates of
prices to the city, fixed or to be fixed by the City
of .Salina for electricity or gas or both, furnished
or to be furnished to the said City and the inhabi-
tants thereof by the said grantee, his successors and
assigns, under this ordinance. (SI0, Ord. 1566, 7-27-
1910).
.
22-116. Meters; inspection. The grantee herein,
his successors and assigns, shall furnish and supply
at his own cost and expense, to each consumer, reli-
able meter or meters of standard make to measure
the amount of electric current or gas supplied, and
shall keep such meters in good repair. Such meters
shall be and remain the property of said grantee,
his successors and assigns, but they shall be sub-
ject at all times to inspection and testing by such
qualified officer or person as the City may designate
or appoint by ordinance of such City providing for
such officer, and providing regulations governing
such office, and any meter found to be inaccurate
or out of repair shall forwith be repaired or re-
placed by accurate meters by the said grantee, his
successors or assigns, without cost or expense to the
said consumer; which cost and expense, including in-
spection fees, shall be paid by said grantee, when
such meter is found to be in excess of Two (2) per
cent fast by such inspector; Provided, the grantee,
his successors and assigns, shall be given at least
twenty-four (24) hours' notice of the time and place
of such inspection and an opportunity to be present
at such inspection, and after the service of notice
the seal of such meter shall not be broken by either
party prior to the time of such inspection. (S9,
Ord. 1566, 7-27-1910).
22-117. Police protection. The grantee, being en-
gaged in public service, the City of Salina, hereby
agrees to extend its police protection to him, his
successors and assigns, in the preservation of his
electric lines, gas mains and other property from
unlawful disturbance, and the said grantee, his suc-
cessors and assigns, shall, and does hereby agree to
protect and save the said City harmless against all
damages that may arise from the negligence of said
grantee or his agents, servants, successors or as-
signs, in erecting, operating, constructing and main-
taining said electric and gas works. (S11, Ord.
1566, 7-27-1910).
22-118. Extension of mains and electric lines. The
grantee herein, his successors and assigns, may be
required by resolution of the City Council to ex-
tend its existing gas mains not to exceed seventy-
.
five (75) feet for each private consumer of gas
under yearly contract, and in the same manner to
extend its existing electric lines of each class of
service not to exceed one hundred and fifty (150)
feet for each private consumer of electric current
under yearly contract. (SI4, Ord. 1566, 7-27-1910).
22-119. Forfeiture; conditions. In case the said
Thomas H. Smith, his successors and assigns, shall
fail to construct, maintain and operate in the City
of Salina or cause to be operated, an electric and
gas plant sufficient to meet and accommodate the
requirements of this ordinance, or shall fail to sub-
stantially comply with any of the conditions herein,
the City of Salina shall have the right, by ordinance
duly passed therefor to forfeit all the rights and
privileges herein granted to said grantee, his suc-
cessors and assigns; Provided, that the City of
Salina shall give to the said Thomas H. Smith, his
successors and assigns, ninety (90) days' notice in
writing, specifying the conditions claimed to be vio-
lated before passing any such ordinance of forfeit-
ure, which notice shall be signed by the City Clerk,
under the seal of the City; Provided further, that
if the said Thomas H. Smith, his successors and
assigns, shall, within ninety (90) days after receiv-
ing such notice, fully comply with the conditions of
this ordinance, then the said City shall not have the
right to forfeit this franchise on account of the vio-
lation or violations specified in said notice. (SI5,
Ord. 1566, 7-27-1910).
22-120. Grantee file acceptance. Said Thomas H.
Smith, his successors and assigns, shall, within thirty
days after the passage and approval of this ordi-
nance, file with the City Clerk his acceptance in
writing of all the terms, conditions and stipulations
hereof, which said acceptance shall be recorded by
the City Clerk in the Ordinance Book of said City;
and Provided, before the contract expressed in this
ordinance shall become effective, the said Thomas
H. Smith, his successors or assigns, shall, within
ninety days after his acceptance of this ordinance,
cause to be filed with the City Clerk, a release in
writing and in proper form, releasing the City of
Salina from any and all obligations created under
Ordinance Number 1218 of the City of Salina, and
upon the filing of said release, said Ordinance Num-
ber 1218 shall thereby and thereupon stand repealed.
(SI6, Ord. 1566, 7-27-1910).
22-121. Take effect. This ordinance shall take
effect and be in force from and after its publica-
tion for twenty days as required by the Statute of
the State of Kansas; Provided, the grantee shall
231
232
PUBLIC UTILITIES F'RANCHISES.-Electric Light, Power & Gas.Ch. 22, Art. 1
pay the costs of publication of this ordinance within
thirty days from the date of the passage and ap-
proval of the same. ~17, Ord. 1566, 7-27-1910. (This
Ordinance was published for 20 days, commencing
July 28th, 1910, in The Salina Evening Journal).
22-122. Acceptance of Ordinance No. 1566. (Ac-
ceptance in writing of Ordinance No. 1566, by
Thomas Smith, duly acknowledged before a notary
public on August 20th, 1910, was received and filed
by the City Clerk on August 25th, 1910, and is
recorded in Ordinance Book No.7 at page 241.)
the Salina Light, Power and Gas. Company by a
written assignment dated November 22nd, 1910, and
filed on said date in the office of the City Clerk.
Consent to such an assignment was granted and
said assignment ratified by the City Council by reso-
lution adopted on February 20th, 1911, which reso-
lution is spread at large on the records of the min-
utes of the meeting of the Council on that date.
Such franchise was thereafter assigned to The
Salina Light, Power and Gas Company to The United
Power and Light Corporation (of Kansas). There-
after such franchise was assigned by The United
Power and Light Corporation to the Kansas Pipe-
22-123. Assignment to Salina Light, Power and line and Gas Company. Consent to such assignment
Gas Company; Assignment to Kansas Pipeline and being granted by the Board of Commissioners of
Gas Company. (The franchise granted by Ordinance I the City of Salina by Ordinance Number 4096, passed
Number 1566 was assigned by Thomas H. Smith to I August 10, 1931.) (See ~22-304).
-.
.
Ch. 22, Art. 2
PUBLIC UTILITIES, FRANCHISES.-Natural Gas.
2:l3
.
ARTICLE 2.-Natural Gas; Franchise to The Kansas
Pipeline and Gas Company.
22-201. Franchise to Kansas Pipeline and Gas
Company; Natural Gas. That in consideration of
the benefits to be derived from the operation of a
gas distribution system in the City of Salma, Kan-
sas, by said City and its inhabitants, and of the
further agreements to be kept and performed, and
the payments to be made by the grantee, as here-
inafter provided for, there is hereby granted to The
Kansas Pipe Line and Gas Company, a corporation,
duly incorporated under the laws of the State ot
Kansas, now and heretofore operating a system of
pipe lines for the conveyance 01 natural gas be-
tween certain places in the State of Kansas (herein-
after sometimes designated as "grantee"), its suc-
cessors and assigns, the right, permIssion and author-
ity to acquire, lay, install, reconstruct, extend,
maintain and operate a gas transmission and dIstri-
bution system within the limits of said City, as the
same now exists or be hereafter extended for a
period of Eighteen (18) years from and after the
date this ordmance becomes effective; and for this
purpose, there is hereby further granted to said
grantee, the right, permission and authority during
said period to acquire, lay, install, reconstruct, ex-
tend, maintain and operate in, upon, over, across
and along all of the streets, avenues, alleys, bridges
and public places of said city, all mains, services,
pipes, conduits and appliances necessary or conveni-
ent 101' transmitting, distributing and supplying of
gas to saId city and its inhabitants for heating, in-
dustrial, power and other purposes for which gas
may be used during the term hereof, and for the
purpose of transmitting such gas into, through or
oeyond the immediate limits of said City. (~1, Ord.
4111, 10-5-31).
22-202. Construction of Mains. That all mains,
services and pipes 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 structures already installed, and
excavations for all such mains, services and pipes
shall be subject to the approval of the Board of
Commissioners of said City, or subject to the ap-
proval of such representatives of said City as said
City may from time to time provide.
Grantee shall in the doing of any work in con-
nection with its said mains, pipes and services avoid,
so far as may be practicable, interfering with the use
of any street, alley or other highway, and all such
work shall be done in accordance with such reason-
able rules and regulations relating thereto as the
.
City may prescribe by ordinance, and where the
paving or surface of the street is disturbed, grantee
shall, at its own expense and in a manner satis-
factory to the duly authorized representatives of the
City, replace such paving or surface of the street
or alley in as good condition as before said work
was commenced, and with like material unless other-
wise directed or consented to by said City. In the
event, that at any time hereafter said City shall
lawfully elect to change or alter the grade of any
street, avenue, public ground or highway, the gran-
tee will, upon being directed by resolution of the
governing body of said City, so to do, relay its
mains, or service pipes where the same shall be
necessary by reason of said change of grade; the
cost of relaying said mains or service pipes to be
paid by the said grantee, its successors and assigns.
(~2, Ord. 4111, 10-5-31).
22-203. Extension of Mains. That grantee shall
make such reasonable extensions of its mains from
time to time and shall install services to the curb
line where mains are located in a street and to
property line where mains are located in an alley,
as may be required to furnish service to parties
making application therefor located within the cor-
porate limits of the City; provided, however, the
grantee shall not be required to make any such ex-
tensions of its mains for the purpose of serving any
new consumer or consumers, which will require the
installation of more than Seventy-Five (75) feet of
mains for each consumer to be served thereby, nor
where the estimated revenue to be derived from such
service is not sufficient to show an adequate re-
turn upon the investment required to serve such
consumer or consumers. All extensions shall be
made subject to legal rules and requirements as may
be in force and applicable. (~3, Ord. 4111, 10-5-31).
22-204. Rates. The rates to be charged for gas
by grantee shall be such as are or may be prescribed
by the regulatory governing body having jurisdic-
tion thereof.
Such rates shall apply only when bills are paid
on or before ten days after the monthly billing
date. When not so paid the gross rate, which is
ten per cent higher than such rates, will apply, and
unless said bill plus said ten per cent penalty is
paid in full within fifteen days after the monthly
billing date, the grantee may discontinue gas service
until such bill is paid in full and a charge of $1.00
may be collected for reconnection.
That grantee, its successors and assigns shall have
the right to make such reasonable rules and regu-
234
PUBLIC UTILITIES, FRANCHISES.-Natural Gas.
Ch. 22, Art~ 2
lations for the protection of its property, prevention
of loss and waste in the conduct and management
of its business, and for the sale and distribution of
gas as may from time to time by it be deemed
necessary including the requirements of a reason-
able meter deposit to insure the collection of bills;
and shall return any deposits so made upon the
cessation of service, together with interest thereon
at the rate of four percent, (4%) per annum, pro-
vided, the customer has paid all sums due from him
to the grantee, and in the event, upon the cessation
of service, such sums are not paid, the same may
be deducted from said meter deposit. Copies of all
such rules and regulations shall be furnished to the
City; provided, such rules and regulations shall be
in conformity to those in force in other cities of
similar size and character, and shall not be in con-
travention to any of the provisions of this ordi-
nance, or any other reasonable ordinance now in
force or hereafter adopted by the City. (S4, Ord.
4111, 10-5-31).
22-205. Meters. That grantee shall furnish and
install for its customers, reliable meters and shall
keep the same in repair without cost to the cus-
tomer; all meters used by grantee shall at all reason-
able times be subject to inspection by the City,
and the City shall have the right to test said meters
at reasonable times; all meters shall be installed
under ground or within the buildings or basements
of the premises to be served.
If any consumer shall desire a test of his meter,
he shall deposit the sum of $1.00 with the City
Clerk, and thereupon the grantee shall test said
meter under the supervision of the City or its author-
ized representative. If the test discloses the leter
to be inaccurate to the extent of overcharging the
customer more than two percent (2%) of his bill,
said deposit shall be refunded to the customer and
a similar sum shall be paid to the City by grantee.
Grantee shall also make refund and adjustment in
accordance with the Rulings of the Public Service
Commission of Kansas, or such other regulatory
body having jurisdiction thereof. (S5, Ord. 4111,
10-5-31) .
22-206. Plat of Mains and Pipes. The said gran-
tee, its successors and assigns, shall file a map or
plat with the City Clerk of the City of Salina,
showing the location and size of all gas mains and
distributing pipes laid in the said City of Salina,
and said map or plat shall be corrected from time
to time, showing all additional mains and distribut-
ing pipes laid. (S6, Ord. 4111, 10-5-31).
22-207. Change to Manufactured Gas; When. That
in case the available supply of natural gas shall at
any time fail or become insufficient to supply the
needs of the public of said city, the grantee shall
be authorized, upon its election, so to do, to change
to manufactured gas service and to distribute and
sell manufactured gas in and through its mains and
services. Such change in service shall be made with
the consent and approval of the governing body of
the City, if required by law, and such reasonable
rates may be established for manufactured gas as
the city and grantee may agree upon; or as may be
established by the regulatory body having jurisdic-
tion thereof. (S7, Ord. 4111, 10-5-31).
22-208. Indemnification to City. That grantee
shall be required and by the acceptance hereof,
agrees to save harmless the City from and against
all claims and demands and from all loss and ex-
pense incurred as a result thereof, arising out of the
laying, installing, removing, inspection or repair of
any mains, pipes, services or appliances of grantee,
or by the negligence of the grantee, or by reason
of the negligent use and operation thereof, during
the term of this ordinance. (S8, Ord. 4111, 10-5-31).
22-209. Pressure. The gas to be supplied to the
City and its inhabitants under the terms hereof,
shall be merchantable gas, and supplied to the con-
sumers' meters at such reasonable pressure as may
be prescribed by the regulatory body having juris-
diction over said matter.
Until and unless lawfully changed, the standard
of pressure service shall be the same as now or here-
after fixed by the Public Service Commission of
the State of Kansas, pertaining to the pressure in
a majority of the cities of Kansas being supplied
by natural gas service.
Natural gas containing 900 or more British Ther-
mal Units per cubic foot and manufactured gas
containing 550 or more British Thermal Units per
cubic foot shall be deemed to meet the above re-
quirements. Grantee shall at once install at its own
expense and thereafter maintain at the place desig-
nated by the City, such devices and equipment as
shall be necessary to test the pressure and quality
of the gas and shall furnish free of charge the gas
used in making such tests, and the City may make
such tests thereof as its governing body shall deem
necessary. Should the gas so tested be found at
any time of lower pressure or heating value than
above provided, then the price to the consumers for
that month shall be proportionately reduced. (S9,
Ord. 4111, 10-5-31).
-
.
Ch. 22, Art. 2
PUBLIC UTILITIES, FRANCHISES.-Natural Gas.
.
22.210. Forfeiture of Franchise; Notice. In the
event of failure of the grantee to comply with this
ordinance or any of its provisions, this franchise
may be forfeited at the option of the City, and
upon such forfeiture all rights hereunder shall cease
and determine; provided, however, before such for-
feiture shall become effective, the city shall serve
a written notice by registered mail, addressed to
the proper post office address, upon the grantee
and the holder of any deed of trust or mortgage,
as shown by the records of the office of the Regis-
ter of Deeds, Saline County, Kansas; which notice
shall advise the grantee or said mortgagee or trus-
tee, wherein the grantee is in default, and if said
default is corrected within thirty (30) days from
the date of the mailing of such notice, then this
franchise shall not be forfeited for the reasons set
forth therein; otherwise, said forfeiture and said
notice shall be in full force and effect. Provided,
further that should said franchise be forfeited, the
grantee, its successors or assigns, or the mortgage
or any trustee under any deed of trust which is of
record, shall have the term of six months in which
to remove the pipes and pipe lines from the streets,
avenues, alleys or other public grounds of said City;
and during the removal of said property, said gran-
tee shall not be obligated to distribute gas through
said distribution system. Any person lawfully un-
dertaking to remove said pipes or pipe lines under
the provisions of this section, shall provide good
and sufficient evidence that it will save the city
harmless from any loss or damage occasioned by
such removal; and that it will repair and replace
all streets, avenues, alleys and easements in as
good condition as they were before said removal;
such removal shall be under supervision of the
city. Provided, further that in the event the City
prevents said persons from removing said pipes
or pipe lines, the time herein provided for removal
shall be extended for a period equal to that caused
by the acts of the City. (~10, Ord. 4111, 10-5-31).
tee within the City, it will be the duty of the pur-
chaser of said distribution system to purchase gas
on a competitive basis, in the event gas can be so
purchased; and the price paid therefor by the holder
of this franchise, shall be fair and reasonable, tak-
ing into consideration the quantity of gas avail-
able, the quality thereof and all other things which
shall enter into proper and due consideration; and
the holder of this franchise shall keep the city fully
advised of all negotiations and terms of any con-
tract for the purchase of gas and the consumma-
tion thereof. (~12, Ord. 4111, 10-5-31).
22-213. Acceptance Required. That within thirty
(30) days after the passage and approval of this
ordinance, grantee shall prepare and file an un-
conditional written acceptance of this ordinance with
the clerk of said City. Failure of said grantee
to so accept this ordinance within said period of
time, shall be deemed a rejection thereof by said
grantee, and the rights and privileges herein granted
shall after the expiration of said period of thirty
(30) days, if not so accepted, absolutely cease and
determine, unless said period of time shall be ex-
tended by further ordinance duly passed for that
purpose. (~13, Ord. 4111, 10-5-31).
22-214. Provisions Binding on Successors. That
all provisions of this ordinance which are obliga-
tory upon or which inure to the benefit of said
The Kansas Pipe Line and Gas Company, shall
also be obligatory upon and shall inure to the
benefit of all successors and assigns of said The
Kansas Pipe Line and Gas Company; and the word
"grantee" whenever used in this ordinance shall
include and be taken to mean not only The Kansas
Pipe Line and Gas Company, but all successors and
assigns of said The Kansas Pipe Line and Gas Com-
pany. (~14, Ord. 4111, 10-5-31).
22-215. Compensation to City. As a further con-
sideration of and as compensation for the franchise
hereby granted, and in lieu of all occupation and
license taxes, the grantee shall pay to the City the
sum of Two Thousand Dollars ($2,000.00) per an-
num, payable on the 1st day of July of each year
for the first eight years of the term granted here-
under; except the payment for the current year
shall be payable within ten (10) days after this
ordinance becomes effective; and shall pay to the
City for the remaning term of the franchise granted
hereunder, the sum of one per cent (1%) of its gross
receipts for each year for said remaining term,
22-212. Sale of System; Requirements. In the which payment shall be made on .or before June
case of sale of the distribution system of the gran- I 30th and December 31st of each year; and the gran-
22-211. City; Option to Purchase. The City shall
have the right and option to purchase the gas dis-
tribution system and property of the grantee, lo-
cated within the City, upon the expiration of eight
(8) years from the date this ordinance becomes ef-
fective, and upon the expiration of each five (5)
year period thereafter during the term of this fran-
chise, in the manner provided by law at the time
of said election to purchase. (~11, Ord. 4111, 10-
5-31) .
.
235
236
PUBLIC UTlLITIES, FRANCHISES.-Natural Gas.
Ch. 22, Art. 2
tee shall render to the City at the time of pay-
ment, a statement of the gross receipts for the
preceding six months, which statement shall be
verified under oath. In the event the City so de-
sires, it may at all reasonable times, examine the
books of the Company for the purpose of ascer-
taining the correctness of the statement of gross
receipts submitted by the grantee.
Any sums accepted by the City by virtue of this
section, shall not preclude the City from making
claim and collecting any additional sums which may
be due in the event said amount so paid is incor-
rect. (~15, Ord. 4111, 10-5-31).
22-216. Revocation Conflicting Ordinances. All
provisions of any other ordinance or amendments
thereto now in force, granting to any persons, firms
or corporations, the right and privilege to distribute
gas in the City of Salina, are hereby repealed and
'revoked; and the grantee hereof shall obtain from
the holder of such right its agreement to the can-
cellation of said right. (~16, Ord. 4111, 10-5-31).
22.217. Effective Date. That this ordinance shall
become effective and be in force and shall consti-
tute a binding contract between the parties hereto,
their successors and assigns, from and after the
expiration of sixty (60) days after its final passage
and after its due publication, as required by law,
and after its acceptance as herein provided. (~17,
Ord. 4111, 10-5-31).
22-218. Statutory Authority. This franchise is
granted under and in conformity with the provisions
of Section 13-2801, Revised Statutes of Kansas, 1923,
relating to the granting of franchises by Cities of
the First Class, having a Commission form of Gov-
ernment. (~18, Ord. 4111, 10-5-31).
-
.
.
.
Ch. 22, Art. 3
PUBLIC UTILITIES FRANCHISES.-Street Lighting.
237
ARTiCLE. .3.-Street Lighting; United Power and by said City, and shall be paid for such as herein-
Light Corporation. after set forth.
22-301. Proposal of Provisions and Rates; Accep-
tance. That the proposal of The United Power and
Light Corporation submitted to the City of Salina,
Kansas, under date of September 21st, 1926, for
furnishing to the City of Salina, electric current
to be used for street lighting on streets and other
public grounds located within said city and for the
installation, maintenance and operation of street and
other lights. White Way systems, etc., in accord-
ance with the provisions and upon the rates and
conditions therein stated, be accepted by the City
of Salina, such proposal being in words and fig-
ures as follows, to-wit:
PROPOSAL
To the Board of Commissioners, City of Salina,
Kansas:
The United Power and Light Corporation, here-
inafter referred to as the "Company", hereby sub-
mits to the City of Salina, hereinafter referred to
as the "City", the followi~g proposal, for furnish-
ing to said City of Salina electric current to be
used for street lighting on streets located within
the City limits of said City and for the installa-
tion, maintenance and operation of street and other
lights, White Way systems, etc., in accordance with
the following provisions and upon the rates and
conditions following (this proposal to become a con-
tract between the Company and the City upon its
acceptance by ordinance duly adopted by the Board
of Commissioners of said City, within 30 days from
the date of this proposal, to-wit:
1. The Company agrees to sell to the City, and
the City by its acceptance of this proposal, agrees
to buy from the Company, electric current to be
used for street lighting on streets located within
the limits of said city, at the rates and under the
provisions hereinafter specified.
2. The Company shall operate and maintain in
said City the present White Way and street light-
ing system as the same is now installed upon cer-
tain streets in said city.
3. The City shall have the right to order in
additional White Way posts or street or other lights
at any time, at such location, and of such types
of construction and illumination (within the limits
herein provided for), as may be specified by the
City, and the Company shall construct, install, main-
tain and operate such White Way posts and lights
thereon, and other lights, as may be ordered in
4. That said City whenever it orders in White
Way posts or street or other lights as hereinafter
provided, shall specify the number, location and
type thereof, and whether any such White Way
posts shall be of the five, three or one light type,
and the Company shall construct, install, operate
and maintain such lights and posts as the City
may order, and any order provided for in this pro-
posal shall be made in the form of a resolution
adopted by the Board of Commissioners of said
City, a copy of which shall be furnished to the
Company as evidence of such order.
5. That for all suspension pendant type 400 C. P.
lights now installed, operated and maintained by
the Company, said City shall pay to the Company
the sum of $39.00 each per year for the 180 lights
now so installed, maintained and operated by the
Company, and for each such additional light, (to be
of the center suspension or mast arm type at the
option of the City) hereafter so installed, operated
and maintained by the Company, on order of the
City, the price per light shall be the same; provided
however, that 750 feet shall be the maximum dis-
tance which said Company shall be required to ex-
tend its wires for any single light. (These lights
to be all night burning; system of distribution to be
overhead construction.)
6. That for all suspension bracket type 60 C. P.
lights now installed, operated and maintained by
the Company said City shall pay to the Company
the sum of $15.00 each per year for the 125 lights
now so installed, maintained and operated by said
Company, and for each such additional light here-
after so installed, operated and maintained by the
Company, on order of the City, the price shall be
the same; provided, however, that 300 feet shall
be the maximum distance that the Company shall
be required to extend its wires for any such single
light. (These lights to be all night burning; system
of distribution overhead construction.)
7. If any light ordered in under the two pre-
ceding paragraphs requires an extension of wires to
a greater distance than 750 feet or 300 feet, as the
case may be the City shall pay the Company the
cost of such extension in excess of such 750 feet
or 300 feet, as the case may be, but if a light or
lights be subsequently ordered in on said line by
the City so that the distance between the lights
is reduced to 750 feet or less in case of 400 C. P.
lights, or 300 feet or less in the case of 60 C. P.
lights, then the Company shall refund to the City
238
PUBLIC UTILITIES FRANCHISES.-Street Lighting.
Ch. 22, Art. 3
the amount previously paid by it for such extension. burning until midnight and one 100 watt Mazda
8. That for all single light White Way posts, lamp burning all night, now installed, operated and
ornamental type, bearing one 250 candle power maintained by the Company, the City shall pay to
Mazda lamp, now installed, operated and maintained the Company the sum of $27.00 each per year for
by the Company, the City agrees to pay to the the 38 lights now so maintained and operated by
Company $27.00 each per year for the 46 lights said Company and for each such additional three
now so maintained and operated by the Company, light White Way ornamental post hereinafter so in-
and for each such additional White Way post here- stalled, operated and maintained by the Company,
after so installed, operated and maintained by the on order of the City, the price per White Way
Company, on order of the City, the price shall be post shall be the same; provided, however, that the
the same; provided, however, that the installation installation costs for such po~ts hereafter installed
cost for such posts shall not exceed the average of shall not exceed the average of $90.00 per post for
$90.00 per post for all such posts so installed at all such posts so installed at anyone time. (Under-
anyone time; provided further that if on any White ground distribution system.)
Way project concerning which resolutions have at
this time been passed by the Board of Commis- 11. That for all five light White Way ornamen-
sioners of the City, proceedings are taken by the tal posts bearing four 60 watt Mazda lamps burn-
City within 30 days from the date its acceptance ing until midnight and one 100 watt Mazda lamp
of this proposal becomes effective, to provide for burning all night, now installed, operated and main-
the completion of such projects, (such present pro- tained by the Company, the City shall pay to the
posed projects being commonly referred to as the Company the sum of $33.00 each per year for the
East Iron, West Iron, South Santa Fe, North Sev- sixty-five posts now so maintained and operated by
the Company, and for each such additional five
enth, West Ash and North Twelfth Street projects),
by which the property owners along any such light White Way post, hereafter so installed, oper-
streets are to be taxed not to exceed 21c per front ated and maintained by the Company, on order of
foot of abutting property therefor, then the Com- the City, the price per White Way post shall be
pany shall install the White Way posts and system the same; provided, however, that the installation
along any such street or streets with no additional cost for such posts shall not exceed the average of
charge for such installation other than the 21c per $100.00 per post for all such posts so installed at
front foot to be paid by such property owners, anyone time. (Underground distribution system.)
and providing further that there shall be no addi- 12. That for all single light intersection traf-
tional charge paid by said City for the installation fic guides having one 60 watt Mazda lamp burning
of any White Way posts or system in the addition all night, now installed and maintained by the
known as Country Club Heights, as now platted. City and operated by the Company, the City shall
(These lights to be all night burning; underground pay to the Company the sum of $9.00 each per year
system of distribution.) for the eight lights now so operated, and for each
9. That for all single light White Way orna- additional traffic guide bearing one 60 watt Mazda
mental posts now bearing one 300 watt Mazda lamp, lamp burning all night hereafter installed and main-
now installed, operated and maintained by the Com- tained by the City and operated by the Company,
pany, which are to be changed by the Power Com- on order of the City, the price shall be the same.
pany to 150 watt Mazda lamps, said City shall pay 13. That for all single light brackets bearing one
to the Company the sum of $24.00 each per year 60 watt Mazda lamp burning all night now installed
for the 6 lights now so maintained and operated and maintained by the City and operated by the
by the Company, and for each additional White Company, the City shall pay to the Company the
Way post bearing one 150 watt Mazda lamp here- sum of $9.00 each per year for the four lights now
after so installed, maintained and operated, on order so operated at Santa Fe and Claflin and for each
of the City, the price per light shall be the same; additional one light bracket bearing one 60 watt
provided, however, that the installation costs for Mazda lamp burning all night, hereafter installed
such posts shall not exceed the average of $75.00 and maintain()d by the City and operated by the
per post for all such posts so installed at anyone Company, on order of the City, the price shall be
time. (These lights to be all night burning; under- the same. (Distribution system underground.)
ground system of distribution.) 14. That for all single light, 60 watt Mazda
10. That for all three light White Way orna- lamps, all night burning, at the entrance to parks,
mental posts bearing two 60 watt Mazda lamps I school grounds, and public buildings, now installed
....
.
Ch. 22, Art. 3
PUBLIC UTILITIES FRANCHISES.-Street Lighting.
239
and maintained by the City or by the authorities
in charge of any such school or park, and operated
by the Company the sum of $9.00 each per year
for six of the twelve lights now so operated, and
six of such lights now so operated at the entrance
to Oakdale Park, shall be operated by the Company
without charge to the City, and for each such addi-
tional one light 60 watt Mazda lamp, all night burn-
ing, hereafter installed and maintained by the City
or by the authorities in charge of any such school
or park and so operated by the Company, on order
of the City, the price shall be $9.00 each per year.
(Distribution system underground.)
.
15. That for all single light ornamental posts
bearing one 60 watt Mazda lamp burning all night,
now installed and maintained by the City of Salina
and operated by the Company the City shall pay
the Power Company the sum of $9.00 each per year
for the two lights now so operated, and the price
for each additional 60 watt light so installed, main-
tained and operated shall be the same; and for
ornamental posts bearing one 100 watt Mazda lamp
burning all night installed, maintained and oper-
ated as hereinabove stated, the City shall pay to
the Company the sum of $12.00 each per year for
all lights so operated. Eleven of such 100 watt
lights now so operated in City Park to be operated
by the Company without charge to the City. (Dis-
tribution system underground.)
(NOTE: Sub Section 7, of Sl, Ord. 4160 pro-
vides "for 250 C. P. suspension type, all night burn-
ing, $27.00 each.")
16. Any light or lights of any type now or here-
after installed may by order of the City be dis-
continued or be replaced with any other type of
light or lights herein mentioned, and upon such
discontinuance being ordered, all charges for the
lights so discontinued, shall cease and the City shall
be charged with the cost of operating any new light
or lights at the rates herein provided for.
17. The number of lights or White Way posts
now installed and operated, as stated in any of the
foregoing paragraphs, are according to the repre-
sentations of the Company, and if upon actual check
it should be discovered that such number of lights
now installed and in use, are less than the number
so stated, the charge to the City shall be based only
on the number now or her~fter in actual operation
and use.
18. If at any time during the term of this con-
tract, natural gas should become available to the
.
Company as fuel for producing electric current, a
readjustment of the charges herein provided for may
be made.
19. That all payments to be made by the City
in accordance with the terms of this proposal shall
be made in equal monthly payments proportioned
as nearly as possible on the amount to be paid
annually by the City to said Company.
20. That the prices or charges fixed in this pro-
posal to be paid to the Company, shall be for a
period of seven years from September 1st, 1926,
from which date such charges shall become effective
if this proposal is accepted by the City as herein
provided for, and this contract shall remain in force
after the expiration of such period until either party
hereto shall have given notice in writing to the
other of its intention to withdraw from the con-
tract; provided that such notice shall be given at
least 60 days prior to any indicated date of discon-
tinuance.
NOTE: Subsection 8, Sl, Ord. 4160 (5-31-32)
provides: "8. That the term of said contract as
provided for in Section 20 of said proposal shall be
extended to November 3rd, 1939, and the charges
as provided for in said contract, as hereinabove
modified and all of the provisions of said contract
except as modified hereby, shall be effective from
and after May 1st, 1932 until the expiration of said
contract as herein provided for, provided that it is
understood and agreed that whenever circumstances
shall permit the charges herein provided for shall
be further reduced."
21. That upon the acceptance of this proposal or
within sixty days thereafter the City shall authorize
the Company to install additional street lights or
White Way posts, at specified locations on its
streets and of a sufficient number at the above
proposed rates so that the gross amount to be paid
by the City to the Company thereafter will not be
less per year than the gross amount paid by the
City to the Company for street lights for the year
preceding September 1st, 1926.
22. That the Company as an additional consid~r-
ation for the acceptance of this proposal by the
City, further proposes to make an allowance of
$1,500.00 to the City on the yearly street light-
ing bill during the first year of this contract. City
to be given credit on each monthly bill at the rate
of $125.00 per month until the City has received
full credit for the $1,500.00 allowance.
23. This proposal shall become a contract be-
tween the parties hereto upon its acceptance by the
Board of Commissioners of the City of Salina by
an ordinance duly enacted by the Board of Com-
240
PUBLIC UTILITIES F'RANCHISES.-Street Lighting.
Ch. 22, Art. 3
missioners of said City and duly published accord-
ing to law, authorizing the acceptance of such pro-
posal and authorizing the Mayor and City Clerk
to execute on behalf of the City, and duly attest,
such acceptance in writing, and the contract so ef-
fected, shall upon such acceptance inure to and be
binding upon the successors and assigns of the re-
spective parties hereto, but shall not be assigned by
the Company without the consent of the City. No
Modification or change in the provisions of said
contract shall be binding upon either of said parties
unless the same be in writing, duly accepted by the
Company and the City, acting through their duly
authorized officers or representatives. The cost of
publishing the ordinance accepting this proposal or
any ordinance modifying the same shall be paid by
said Company.
24. This contract shall be construed and the
rights, duties and obligations of each of said parties
shall be determined according to the laws of the
State of Kansas.
In Witness Whereof, said The United Power and
Light Corporation has caused this instrument to
be executed in duplicate, by its duly authorized of-
ficers or representatives, this 21st day of Septem-
ber, 1926, and has caused the same to be submitted
to the Board of Commissioners of the City of Salina,
Kansas, for their acceptance on behalf of said City
within thirty days from said date.
THE UNITED POWER & LIGHT CORPORAT'ION,
By A. C. Brodine, Electrical Supt.
H. D. Hayden, District Mgr.
(~1, Ord. 3204, 10-4-26; Amd. ~1, Ord. 4160, 5-31-32)
22-302. Acceptance Deemed Contract. That the
acceptance of said proposal as set forth in Section
1 of this ordinance, as authorized by said section,
be and the same is hereby deemed to constitute a
contract between The United Power & Light Cor-
poration and the City of Salina, and that upon the
taking effect of this ordinance, the Mayor shall and
he is hereby authorized and directed to execute in
writing an acceptance of said proposal on behalf of
said city, to be attested by the City Clerk under
the seal of the city and to deliver said acceptance
to said The United Power & Light Corporation.
(~2, Ord. 3294, 10-4-26).
22-303. Repeal of Conflicting Ordinances. That
all other contracts or agreements of any kind here-
tofore in effect between said city and said The
United Power and Light Company or its predeces-
sors, for furnishing street lights or lighting to said
city, and all ordinances or parts of ordinances in
conflict with the provisions of this ordinance, be and
the same are hereby repealed. (~3, Ord. 3294, 10-
4-26) .
22-304. Assignment to Kansas Pipe Line and Gas
Co. That the City of Salina hereby consents to
the assignment of the right to distribute and sell
gas for light, heat, power and other purposes in the
City of Salina, by the United Power and Light
Corporation (of Kansas) to The Kansas Pipe Line
and Gas Company, its successors and/or assigns;
said right to distribute and sell gas for light, heat,
power and other purposes in the City of Salina
being that right granted under the terms of a cer-
tain franchise granted to one, Thomas H. Smith,
his successors and assigns, and thereafter assigned
by the said Thomas H. Smith to The Salina Light,
Power and Gas Company, and thereafter assigned
by the Salina Light, Power and Gas Company to
The United Power and Light Corporation (ofKan-
sas). Nothing herein, however, shall be construed
to enlarge any of the powers now held and enjoyed
by The United Power and Light Corporation (of
Kansas), and such assignee, its successors and/or
assigns, shall be subject to all of the obligations,
liabilities and requirements provided for in said
original grant, so far as the same are applicable.
(~1, Ord. 4096, 8-10-31).
"""
.
.Ch.-22, Art. 4
PUBLIC UTILITIES FRANCHISES.-Bus.
241
ARTICLE 4.,-;-Bui?s T'ransp'ortation; Franchise to .unti1~ changed, modified or extended as herein pro~
The Salina Transit Company~: _ : v:ided for, are as, follows, to-wit:_,
::,;l:2~401. Construction of Terms, Unless inconsis-
tent: with the context, the words, terms and phrases
used in this ordinance, for the purpose of this
ordinance, shall be defined and construed as follows:
_ 1. The word "Grantee" shall include The Salina
Transit Company, its successors, assigns and lessees.
2. The word "Person" shall include persons, part-
nership, corporation, association and all other per-
sons or combination of persons, either natural or
artificial by whatever name he or they may be
called.
3. The term "Street" or "Public Highway" shall
include all public streets, avenues, boulevards, roads,
alleys, parks, parkways, drives and all other public
ways used for vehicular traffic in the City of Salina.
4. The word "Franchise" shall include all grants,
rights, privileges or franchises granted by this
ordinance.
.
5. The term "Motor Bus" shall include all the
vehicles in operation or put in operation under this
franchise by the grantee with all the necessary ap-
purtenances for the purpose of supplying and pro-
viding passenger transportation accommodations and
other purposes to the City of Salina and the in-
habitants thereof and located within the City of
Salina, Kansas.
.
6. The word "City" shall refer
Salina, Kansas, the grantor herein.
7-9-35) .
to the City of
(S1, Ord. 4551,
22-402. Grant. That under the terms and condi-
tions set out in this ordinance, there by and is
hereby granted to The Salina Transit Company, a
corporahon, organized under the laws of the State
of Kansas, its successors, assigns and lessees (here-
in called grantee) the right, privilege or franchise
for a period of fifteen years from the date of the
passage of this ordinance, to own, maintain and
operate over, through, along, upon and across cer-
tain streets and public highways in the City of
Salina, Kansas, hereinafter designated, and such
other streets as may be hereafter designated as
herein provided for, a motor bus transportation
business and industry for the purpose of supplying,
furnishing and providing motor bus transportation
accommodations to and from various parts of the
said city, to said city and the inhabitants thereof.
The. streets and public highways over which said
grantee may operate its motor busses and the
schedule upon which the same shall be operated,
.
1. Santa Fe AvenueLine~(Wesleyan to St.
Johns). Commencing at Santa Fe Avenue and -Clafe
lin Avenue; thence west to Ninth Street; thence
north to Minneapolis Avenue; thence each to Santa
Fe Avenue; thence north to Elm Street; thence west
to Ninth Street; thence north to Lincoln Avenue;
thence east to Santa Fe Avenue; thence north to
Otis A venue; thence west to Ninth Street; thence
south to Pacific Avenue; thence east to Santa Fe
Avenue; thence south to Lincoln Avenue; thence
west to Ninth Street; thence south to Elm Street;
thence east to Santa Fe Avenue; thence south to
Claflin Avenue; at intervals of Twenty minutes in
each direction, from 6 :40 A. M. to 11 :00 P. M.
2. Iron A venue Line. Commencing at Iron
Avenue and Marymount Road; thence west on Iron
Avenue to Eleventh Street; thence north to State
Street; thence west to Thirteenth Street; thence
north to Bishop Avenue; thence west to College
Avenue; thence south to South Street; thence east
to Twelfth Street; thence north to Iron Avenue;
thence east to Marymount Road; at intervals of
thirty minutes in each direction, from 6 :45 A. M.
to 11 :00 P. M.
Provided, that such routes and schedules or any
additional routes or schedules, or any modifications
or changes therein, may at any time be changed
or altered by ordinance duly passed by the City of
Salina and the acceptance thereof by the Grantee;
and provided further, that if any part of any such
route, either original or as altered as herein pro-
vided for, is obstructed or made impassible by rea-
son of paving or other public improvements or other.,
wise, the governing body of the City may designate
a temporary or alternate route for such busses dur-
ing the continuance of such obstruction. (S2, Ord.
4551, 7-9-35).
22-403. Compensation. That in consideration of
and as compensation for the franchise hereby
granted, and in lieu of all occupation and license
taxes, the grantee shall pay to the said city the
sum of Fifty Dollars per year, said sum to be paid
in two equal installments of $25.00 each, on the
1st day of January and on the 1st day of July of
each year that said bus system is operated in said
city, the first installment to be paid at the time
operations are commenced. (S3, Ord. 4551, 7-9-35).
22-404. Indemnification. The grantee, its suc-
cessors or assigns, by accepting this ordinance
hereby agrees to hold the city harmless from any
242
PUBLIC UTILITIES FRANCHISES.-Bus.
Ch. 22, Art. 4
and all claims, damages or suits for damages grow-
ing out of or resulting from the operation of its
motor busses in said city, and said grantee hereby
agrees to indemnify and hold harmless the said
city from any, every and all claims or suits for
damages to persons or property and from every
other claim which may arise on account of the
operation and maintenance by said grantee of its
bus transportation business under the terms of this
franchise. (~4, Ord. 4551, 7-9-35).
22-405. Insurance. The grantee, its successors
or assigns, by accepting this ordinance hereby agrees
to carry public liability and property damage in-
surance on all busses operated under this fran-
chise, which shall be written by some reliable in-
surance carrier or company and shall be what is
known as Five Thousand ($5,000) Dollars and Ten
Thousand ($10,000) Dollars limits, such policies and
the conditions thereof to be approved by the gov-
erning body of the city, and such policies to be
deposited with the City Clerk of said city or to
furnish a bond conditioned and with sureties to be
approved by the governing body of the city, to
protect the public and passengers on such busses
against damages resulting from the negligent oper-
ation of such busses, or to furnish such other form
of protection and security as may be approved by
the governing body of the city. (~5, Ord. 4551,
7-9-35).
22-406. Consideration. This franchise is given
by the City of Salina, Kansas, for the purpose of
obtaining for the inhabitants of said city adequate
transportation accommodations in and about certain
parts of said city, and in consideration that such
transportation accommodations are supplied and fur-
nished by the said grantee.
The franchise given by this ordinance and oper-
ation thereunder is subject to all and every traffic
regulation now in force and effect or which may
be put into force and effect by the governing body
of said city, except such as may be specifically in
conflict with any of the requirements of this ordi-
nance, and such other reasonable regulations re-
specting the operation of such busses as may be
provided by said city by ordinance duly enacted for
such purpose. (~6, Ord. 4551, 7-9-35).
22-407. Occupation. The grantee is hereby given
permission, authority and the right to run and oper-
ate busses along, on, upon or across such desig-
nated streets, public highways and alleys in the
City of Salina, Kansas, as may be reasonable and
necessary for the benefit of the public. (~7, Ord.
4551, 7-9-35).
22-408. Operation; Forfeiture. The regulations
as to the busses of the grantee and their operation
and maintenance is as follows:
1. That at the commencement of operation under
this franchise the grantee shall place in operation
at least three new busses of a type to be approved
by the governing body of said city and, within a
reasonable time after the commencement of oper-
ations under this ordinance, at least one bus, in
good, serviceable and safe condition to be used as
an emergency bus, and when necessary shall re-
place any worn out or obsolete busses with busses
of such kind and in such condition as may be ap-
proved by the governing body of the city, and when
necessary for proper service to the public shall
place in service such additional busses of such kind
and in such condition as may be approved by the
governing body of said city, as may be necessary
to properly serve the public needs (provided that
such additional equipment may not be required by
the city unless the probable income or returns from
the operation of such additional busses will permit
the grantee to continue to operate its entire system
with a reasonable return upon its investment), and
at all times during the life of this franchise all
busses and equipment used by the grantee shall
be modern, kept painted and in good repair, pro-
vided with good and efficient lights and brakes
which shall at all times be kept in proper working
condition, and an alarm or gong, or both, and
shall be mounted on pneumatic rubber tires, but
if during the term of this franchise a tire is de-
veloped superior to rubber, the grantee shall, with
the consent of the City Commission or governing
body of said city, have the right to adopt and use
the same.
2. The busses shall be operated by gasoline or
some other suitable motive power.
3. It shall be the duty of the grantee to keep
its busses clean and sanitary, and comfortably
heated during winter weather.
4. Busses shall be operated as to speed and in
every other manner as provided by the traffic ordi-
nances and regulations of said city, except where
such ordinances and regulations are in conflict with
the requirements and provisions of this ordinance
or other ordinances hereafter adopted.
5. The city shall cause to be set aside as bus
zones certain parts of streets along the route of
said bus system for the accommodation of said
-,
.
Ch. 22, Art. 4
PUBLIC UTILITIES FRANCHISES.-Bus.
243
.
busses in taking on and unloading passengers to be
established in the following manner:
Upon the written application of the grantee the
City Commission shall within ten (10) days desig-
nate and establish two bus zones in each block,
one zone to be established on each side of the
street or public highway; said zones to be located
a t the ends of the block and adjacent to the side-
walk and shall be of such length and size as will
permit the bus to drive parallel with the curb for
the purpose of taking on and discharging passen-
gers, and the grantee shall keep such zones as may
be so designated, properly marked at all times, and
the governing body of the city may at any time
designate such additional zones as may become
necessary for the convenience of the public.
If the grantee shall at any time fail, neglect or
refuse to obey and comply with any of the pro-
visions of this ordinance for a period of fifteen
(15) days, unless prevented by strikes, riots, break-
downs, or destruction of its property by inevitable
accident, the act of God, or any act of the city
in violation of the terms of this ordinance, or by
injunction or other legal proceedings, then in ad-
dition to the rights and remedies of the city now
possessed by general law or otherwise, the grantee
shall forfeit all rights, powers and privileges by
this ordinance granted and confirmed and this ordi-
nance shall be null and void. (~8, Ord. 4551, 7-9-35).
22-409. Notice. Such forfeiture shall be by notice
in writing duly served upon the grantee by the
grantor specifying the cause or causes of the for-
feiture and such forfeiture shall become effective
ten days after the service of such notice unless
within such time some court of competent juris-
diction in an action brought for such purpose shall
upon proper cause shown therefor, enjoin or re-
strain the city from enforcing such forfeiture. (~9,
Ord. 4551, 7-9-35).
22-410. Rules and Regulations. The grantee shall
have the right to make such reasonable rules and
regulations for the protection of its property and
for the prevention of loss and waste in the conduct
or management of its business as may from time
to time be deemed necessary. (~10, Ord. 4551,
7-9-35) .
22-411. Purpose. It is hereby declared that the
purpose of this grant is to obtain for the inhabitants
of the City of Salina, Kansas, adequate transporta-
tion accommodations and facilities, and this grant
is made upon the express provision and agreement
of the said grantee that it will, during the whole
.
of this franchise, furnish such accommodations,
facilities and services under the provisions hereof.
(~11, Ord. 4551, 7-9-35).
22.412. Terms Binding on Successors. All of the
terms, conditions and provisions contained in this
ordinance shall be binding on the successors, as-
signs and lessees of the grantee, and all others
acquiring any right, title or interest in or to this
franchise; provided, that no right, franchise, privi-
lege or grant, granted by this franchise shall be
sold, assigned, transferred or sublet by the grantee
herein, unless the consent of the governing body
of the City of Salina is first obtained. (~12, Ord.
4551, 7-9-35).
22-413. Acceptance Required. That within fif-
teen (15) days after the final passage and approval
of this ordinance, the grantee shall file with the
City Clerk of the City of Salina, Kansas, its ac-
ceptance, in writing, of the provisions, terms and
conditions of this ordinance. If said franchise is
not accepted by said grantee within fifteen (15)
days as provded herein, then this franchise shall
terminate and be null and void; otherwise this
franchise shall continue to remain in full force and
effect for a period of fifteen years dating from the
approval of this ordinance and its acceptance by
the grantee. (~13, Ord. 4551, 7-9-35).
22-414. Rates. It is understood and agreed that
the grantee shall commence furnishing said bus
service within ten (10) days after the passage and
acceptance of this ordinance and that the fare for
one continuous trip from one extreme limit of any
line to the extreme limit of the same or any other
line of said bus system, including transfer from
one line to another for each person, shall not ex-
ceed five cents (5c) per passenger provided that
the grantee shall issue books of twenty (20) tickets
for ninety cents (90c) each ticket to be good for
one continuous trip for one person as above pro-
vided for and provided that any child less than six
years of age accompanied by a person paying full
fare shall be allowed to ride free, and that the
fare for any child from six years to thirteen years
of age both inclusive, shall be two and one-half
cents; and provided that United States letter car-
riers, while actually on duty in making deliveries
or in returning to the Post Office after making
deliveries, shall be allowed to ride free. The trans-
fer privilege herein provided for shall not be deemed
to include the right to transfer to a substantially
parallel return route. In the event the grantee
should desiree to increase such rates, it shall, be-
244
PUBLIC UTILITIES FRANCHISES.~Bus.
. Ch., 22,.t\rt,:4
fore increasing or attempting t() in~rE!as~ dSUCl).
rates, apply to the governing body. of, the grantor
for authority to increase such,rates. Th~ govern-
ing body shall, upon the filing of such applicatiun
with it, for an increase of said rates, receive evi-
dence as to the reasonableness of existing and pro-
posed rates, and if it finds that the rate in effect
at the time of said application is inadequate then
it shall grant such request for an increase of such 22-415. Amendments. This ordinance and any
rates. Said new rate so fixed shall be in such an of the terms, provisions or requirements hereof, or
amount that the grantee will make a net return of any amendment hereto, may be amended at any
or not to exceed six (6) per cent per annum upon I time by an ordinance duly adopted by the govern-
the original cost of all its property and equipment, ing body of the City of Salina and accepted in writ-
together with a fair and reasonable allowance for ing by the grantee. (gI5, Ord. 4551, 7-9-35).
depreciation of the same, provided however, that
after a depreciation charge has been actually re-
turned to said grantee the original cost of all
its property, on which it is entitled to receive said
six (6) per cent per annum, shall be diminished to
the amount of said depreciation returned. Said new
ra t~so fi~ed shall be)n sucl'll,ln all}Ol,mt as to aJsQ
enable the grantee tp ,payitscllrre'ntoverhea~ in_
cluding labor and t~xes and depreciation and to
allow a fair lUld reasonable' comliensatioh for' Inll.n-
ager'ial . expenses inCidental to the c'oridtict of said
bus business of the said grantee. (gI4, Ord. 4551,
7-9-35) .
22-416. Franchise Accepted. Written acceptance
of the foregoing franchise was filed in the office
of the City Clerk within fifteen days .after the
passage and approval of said franchise ordinance
as required by Section 22-413.
--
.
Ch.22, Art. 5
PUBLIC UTILITIES FRANCHISES.-Miscellaneous Grants.
Grants.l 22-505. Location of poles. Such posts shall be
set at points to be designated by the City Engineer
and upon the outer edge of all streets over which
they shall run, and the wires thereon shall not be
less than twenty (20) feet from the ground at any
point. (~2, Ord. 1203, 10-19-1903).
ARTICLE.5.-Miscellaneous Franchises and
22-501. W. E. Whittaker; poles, etc. That per-
mission be and the same iss hereby granted to
W. E. Whittaker to erect, maintain and operate a
line or lines of poles and wires for carrying an
electric current from the buildings of the Kansas
Ice & Storage Company in Walker's Addition to
the City of Salina along and upon North Street,
Pront Street, Pine Street, Fourth Street and Elm
Street to the alley between Santa Fe Avenue and
Seventh Street, and south from Elm Street, along
and upon Fifth Street, the alley between Fifth and
Santa Fe Avenue and the alley between Santa Fe
Avenue and Seventh Street to Walnut, subject, how-
ever, to all reasonable regulations and restrictions
hereafter adopted by the Mayor and Councilmen
of said City. (~1, Ord. 989, 4-24-1899).
22-502. Conditions governing Sec. 22-501. The
poles and wires erected under the provisions of this
ordinance shall be so placed as not to obstruct said
streets and alleys and said wires shall not be placed
nearer than three feet to the wires of the fire i
alarm system, or the telephone, telegraph or other
electric wires. (~2, Ord. 989, 4-24-1899).
.
22-503. Additional grant to W. E. Whittaker.'
That permission be and is hereby granted to W. E.
Whittaker and his assigns to construct, maintain
and operate a line of poles and wire for carrying
an electric current from a point on its lines of
wire on Fourth Street over and along and upon
Pine Street, west to the west side of Seventh Street,
subject to all the conditions and restrictions set
forth in Ordinance No. 989, ~22-502. (~1, Ord. 1011,
8-21-1899) .
22-504. Shellabarger Mill & Elevator Company;
poles, etc. That The Shellabarger Mill & Elevator
Company, its successors and assigns, shall have the
right, subject to the conditions and restrictions here-
inafter set forth, to erect and maintain poles or
posts and carry thereon insulated wires for the pur-
pose of carrying and transmitting electrical cur-
rents, said poles to run from the mill ground of
such grantee located west of Santa Fe Avenue and
south of the right of way of the Union Pacific Rail-
road, in the City of Salina, Kansas, thence east to
and on Pacific Street to Fourth Street, thence south
on said Fourth Street to the building known as the
"D Elevator" belonging to said Shellabarger Mill
& Elevator Co., located on said street between Ash
Street and Iron Avenue. (~1, Ord. 1203, 10-19-
1903) .
.
22-506. Duration of franchise; conditions, 22-504
and 22-505. The rights and privileges herein granted
shall exist alld continue only so long as such poles
and wires shall be used for the purposes herein ex-
pressed and shall remain subject to all reasonable
rules and regulations now or hereafter enacted by
the Mayor and Council of said City. (~3, Ord. 1203,
10-19-1903) .
22-507. John L. Bishop; drain or water pipe, etc.
That John L. Bishop, his successors or assigns,
shall have the right, subject to the conditions an.!
restrictions hereinafter set forth, to lay a drain or
water pipe, not exceeding eight inches in diameter,
from a point on the east side of Fifth Street and
at the southwest corner of the building known as
the Kansas Ice & Storage plant, in the City of
Salina, Kansas, southwest across Fifth Street to
the east end of the alley running east and west
between Santa Fe Avenue and Fifth Street, thence
west on said alley to the alley running north and
south between Fifth Street and Santa Fe A venue,
thence south down said last named alley to a point
east of Lot 75 on Santa Fe Avenue. (~1, Ord. 1384,
8-19-1907) .
22-508. City Engineer designate location. That
said pipe or drain shall be laid at such depth below
the surface of the ground and at such locations in
said street and alleys and follow such course as
shall be designated by the City Engineer. (~2, Ord.
1384, 8-19-1907).
22-509. Excavation refilled, etc. The. excavation
caused by the laying of said pipe or drain shall be
refilled at the cost of said John L. Bishop, and the
street and alleys upon which such work is done
shall be, when completed, left in as good condition
as they now are, and to the satisfaction of the said
City Engineer. (~3, Ord. 1384, 8-19-1907).
22-510. Rules and regulations of City to govern
Sees. 22-507 to 22-510. The rights and privileges
herein granted shall be and remain subject to all
reasonable rules and regulations now existing or
hereafter enacted by the Mayor and Council of said
City. (~4, Ord. 1384, 8-19-1907).
22-511. Swift & Co.; Loading Dock; Sidewalk
Subway. That Swith & Company, its successors and
215
246
PUBLIC UTILITIES FRANCHISES.-Miscellaneous Grants.
Ch. 22, Art. 5
assigns is h~reby granted the right and privilege of
erecting a loading dock commencing at the south-
east corner of its building located on lot forty-seven
(47) on Fifth Street in the City of Salina, thence
south ten (10) feet, thence west parallel with the
south side of said lot forty-seven (47), one hundred
and twenty (120) feet, thence north ten (10) feet,
thence east one hundred and twenty (120) feet, to
the place of beginning, provided, that Swith & Com-
pany, its successors and assigns shali immediately
construct a subway to be used as a sidewalk,
through and under said loading dock. Said sub-
way shall be constructed according to the plans
and specifications filed by Swift & Company with
the City Clerk of the City of Salina, April 29, 1929.
Said Swift & Company, its successors and as-
signs, shall at all times keep said subway in good
repair, properly lighted and in a sanitary and
healthful condition. The right and privilege hereby
granted shall extend for such length of time as
said building located on lot forty-seven (47) on
Fifth Street is used by Swith & Company, its suc-
cessors and assigns for purposes requiring a load-
ing dock, and provided said subway is maintained
in the manner herein provided. (~1, Ord. 3704,
5-6-29) .
22.512. Firestone Tire & Rubber Co.; Gasoline
Pipeline. Subject to the conditions and regulations
in this ordinance provided for, Firestone Tire &
Rubber Company, its successors and assigns, is here-
by granted permission to construct and maintain a
gasoline pipeline for the transportation of gasoline
from a point approximately 130 feet north of Iron
A venue and approximately 30 feet west of the west
line of Fourth Street, according to the plat of the
original town of Salina, thence in a southerly di-
rection to a point in the north line of Iron Avenue
approximately north of the west end of the Iron
Avenue bridge across the Smoky Hill River; thence
under and across Iron A venue along a line under-
neath the west end of the Iron Avenue bridge to
the south line of Iron Avenue; thence south across
Lots 110, 112, 114, 116 and 118, and under that
portion of Fourth Street, south of Iron Avenue,
leased by the City of Salina for highway purposes
from the Union Pacific Railroad, to a point in the
west line of Fourth Street as the approximate cen-
ter point of the east line of Lot 118 on Fourth
Street according to the plat of the original town
of Salina; thence in a southerly direction in and
under Fourth Street to a point approximately 10
feet east of the southeast corner of Lot 120 on
Fourth Street; thence south in and under Fourth
Street along a line parallel with and approximately
10 feet, east of the west line of Fourth Street to
a point approximately 10 feet east and 10 feet north
of the southeast corner of Lot 134 on Fourth Street;
thence southeasterly to a point approximately 19
feet east of the southeast corner of said Lot 134
on Fourth Street; thence south along a line parallel
with and approximately 19 feet east of the east
line of Fourth Street to a point approximately 14
feet south and 19 feet east of the southeast corner
of Lot 138 on Fourth Street, such point being in
the intersection of Fourth Street and Walnut Street
in said city; thence west in and under Walnut Street
along a line parallel with and approximately 14
feet south of the north line of Walnut Street to
a point approximately 75 feet east of the east line
of Fifth Street; thence in a southwesterly direction
across and under Walnut Street, and the intersec-
tion of Walnut Street and Fifth Street to a point
in the east line of Lot 140 on Fifth Street. (~1,
Ord. 4524, 3-25-35).
22-513. Construction Requirements. Said gaso-
line pipeline shall be laid and constructed at a depth
of at least 3 feet below the surface of the ground
and below the surface of any pavement or any drive-
way and where the same is laid under any pave-
ment or driveway, shall be constructed of 2%-inch,
wrouhgt iron metal pipe having a weight of not
less than 5.8 pounds per lineal foot, and such pipe-
line shall be constructed under the supervision of
the City Engineer and in accordance with such
specifications as to joints, methods of laying and
such other specifications as the City Engineer may
prescribe and shall not be used for the purpose of
transporting gasoline therein until after the same
has been approved in writing by the City Engineer.
(~2, Ord. 4524, 3-25-35).
22-514. Same. Wherever along its course as
herein prescribed, said pipeline shall be laid beneath
any paving, sidewalks, or driveways and wherever
the construction of such pipeline shall necessitate
the removal and reconstruction of any portion of
any pavement, sidewalk or driveway, such pave-
ment, sidewalk and/or driveway shall be relaid
and reconstructed by and under the supervision
of the City Engineer, at the expense of the
said Firestone Tire & Rubber Company, its succes-
sors or assigns, and if at any time, the reconstruc-
tion or maintenance of such pipeline, shall require
the removal or reconstruction of any pavement,
sidewalk or driveway, all of such work shall be
done at the expense of said Firestone Tire & Rub-
ber Company, its successors and assigns, and shall
be done by and under the supervision of the City
-,
.
Ch. 22, Art. 5
PUBLIC UTILITIES FRANCHISES.-Miscellaneous Grants.
2<17
Engineer of the City of Salina, and all of such work
shall be done at any of such times in such manner
as to restore any such pavement, sidewalk or drive-
way to its existing condition prior to the removal
or disturbance thereof. (~3, Ord. 4524, 3-25-35).
.
22.515. Same. Said gasoline pipeline shall not
be so constructed as to interfere with any exist-
ing sewers, watermains, gas mains, or telephone or
electric wires or conduits and if at any time in the
future the said gasoline pipeline as so constructed
shall interfere with the construction or reconstruc-
tion of any sewers, water mains, gas mains or elec-
tric light or telephone wires or conduits, said gaso-
line pipeline shall be relaid or reconstructed by said
Firestonce Tire & Rubber Company, its successors
and assigns, in such manner and along such course
as to eliminate any such interference. (~4, Ord.
4524, 3-25-35).
22-516. Same; Leakage. Said gasoline pipeline
shall be so constructed and maintained by said Fire-
stone Tire & Rubber Company, its successors and
assigns as to prevent the leakage therefrom of any
gasoline or gas vapor and shall at all times be so
constructed and maintained that no danger there-
from will result to the public or to any private per-
sons or property and whenever any such dangerous
.
condition exists said Firestone Tire & Rubber Com-
pany, its successors and assigns, shall make such
repairs or shall take such action as may be required
in the opinion of the City Engineer to eliminate
such dangerous condition, and if it shall upon writ-
ten notice by the City Engineer fail or refuse to do
whatever may be necessary or required in any such
respect, the City Engineer shall do whatever may
be necessary to prevent or eliminate such danger-
ous condition and shall charge the expense thereof
to said Firestone Tire & Rubber Company, its suc-
cessors and assigns. (~5, Ord. 4524, 3-25-35).
22-517. Guarantee of Compliance. Before the
permission given by this ordinance for the construc-
tion of such gasoline pipeline shall become effective
and before any portion of any of the streets of
the City of Salina shall be used for the construc-
tion thereof, said Firestone Tire & Rubber Com-
pany shall in writing guarantee that said company,
its successors and assigns, will in the future comply
with the provisions and requirements of this ordi-
nance. (~6, Ord. 4524, 3-25-35).
22-518. Written Guarantee Filed. The written
guarantee required by Section 22-517 was filed in
the office of the City Clerk before construction of
said pipe line was commenced.
.
ARTICLE G.-Miscellaneous Regulations.
PUBLIC UTILITIES FRANCHIS~S.,-Miscellaneous Regulations.
249
Ch.22, Art. 6
.
'22-601. Tampering with electric, gas or water
meters; wires or pipes; misdemeanor. Every person
sha shali without authority turn on, unseal or open
an o. electric, gas or water meter or service or in
arty' way tamper with any electric wires, gas pipes
and water pipes or meters owned by any individual,
company' or corporation supplying gas, electric cur-
rent or water to the City of Salina or its inhabi-
tants, or who shall attach thereto any contrivance,
mechanism or device whatsoever, so as to prevent,
or which may be designed or intended to prevent
the whole quantity of gas, electric current or water
supplied to any consumer at meter rates from pass-
ing through and being measured by, the meter pro-
vided for such purposes, and every consumer of gas,
electric' current or water at meter rates who shall
knowingly permit the same to be done for his or
her benefit, or for the benefit of any association,
or corporation in which he, or she may have any
interest shall be guilty of a misdemeanor. (SI, Ord.
2462, March 6, 1922; see also, SI5-144).
22-602. Using or taking gas, electric current or
water not passing through meter; misdemeanor.
Every consumer of gas, electric current or water at
meter rates who shall,by means of any contrivance,
mechanism or device whatsoever, knowingly take,
or use any gas, electricity or water 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. (S2,
Ord. 2462, March 6, 1922; see 13-432, G. S. 1935).
22-603. Unlawful device on premises; prima facie
evidence against consumer. Proof of the existence
of any contrivance, mechanism or device which pre-
vents, or which may be designed or intended to
prevent the whole quantity of gas, electric current
or water supplied to any con sEmel' at meter rates
from passing through and being measured by a
meter provided for such purpose on the premises
of any consumer of gas, electricity or water 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, electric
current or water as the case may be, without the
same having wholly passed through and been meas-
ured by a meter provided for such purpose. (s3,
Ord. 2462, March 6, 1922).
22-604. Employees of company; enter premises
for inspection. That the servants and employees of
every company or corporation supplying gas, elec-
tric current or water to the City of Salina or its
.
inhabitants shall have the right at all reasonable
times to enter the premises of every consumer of
gas, electric current or water at meter rates for the
purpose of inspecting its wires, pipes and m.eter to
ascertain whether or not the meters are correctly
measuring the whole quantity of gas, electric cur-
rent or water supplied to such consumer and a
denial of such right of inspection during reasonable
hours by any consumer at meter rates, shall be
prima facie evidence that such consumer is taking
and using gas, electric current or water as the case
may be, without the whole quantity thereof passing
through and being measured by a meter provided
for that purpose. (S4, Ord. 2462, March 6, 1922).
22-605. Violation of Secs. 22-601, 22-602 and 22-
603, penalty; company not bound to furnish gas,
electricity or water. Every person who shall know-
ingly or intentionally violate Section One (1), Two
(2) or Three (3) of this Ordinance shall be guilty
of a misdemeanor and on conviction thereof shall be
fined in any sum not to exceed fifty dollars ($50.00),
and in addition thereto the individual, company or
corporation, so supplying gas, electrical current or
water shall not be thereafter bound to furnish either
gas, electrical current or water to the person so
convicted of fraudulently taking or using either gas,
electric current or water. (S5, Ord. 2462, March 6,
1922) .
22-606. Painting of poles required. That 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,
street car, and other poles now standing or here-
after placed in any parking, curb or street of the
City of Salina and used in any way by the public
service companies or corporations doing business in
said City, to paint such poles, to the satisfaction of
the Street and Alley Committee. (SI, Ord. 1482,
April 19, 1909; see 13-433, G. S. 1935).
22-607. Violation of Sec. 22-606; penalty. Any
person, firm, company or corporation failing or re-
fusing to comply with the provisions of this ordi-
nance, within ninety (90) days after the publica-
tion of this ordinance, shall be deemed guilty of a
misdemeanor and be punished by a fine not exceed-
ing one hundred dollars. (S2, Ord. 1482, April 19,
1909) .
22-608. Poles in certain district prohibited. That
from and after the passage of this ordinance, it
shall be unlawful for any person, company or cor-
poration to set or erect any telegraph or telephone
poles or pole line in any street, avenue or alley
250
PUBLIC UTILITIES FRANCHIS:ES.-Miscellaneous Regulations.
Ch. 22, Art. 6
in the City of Salina, Kansas, 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. (~1, Ord. 1532, Jan. 6, 1910).
22-609. Wires underground; exceptions. All tele-
graph and telephone lines constructed after the
adoption of this ordinance, along or across any
street, avenue or alley in the territory described
in Section One of this ordinance, shall be placed
under ground and in compliance with directions of
the City Engineer of the said City of Salina; Pro-
vided, that this section shall not be construed to
prevent additional cables and lines being placed
on telegraph or telephone poles in use prior to Janu-
ary 1st, 1910. (~2, Ord. 1532, Jan. 6, 1910; see Sec.
13-433, G. S. 1935).
22-610. Violation of Sees. 22-608 and 22-609;
penalty. Any person, company or corporation set-
ting poles or placing wires or cables in the streets,
avenues or alleys of the City in violation of this
ordinance shall be deemed guilty of a misdemeanor,
and upon conviction thereof in the Police Court shall
be punished by a fine in any sum not exceeding
fifty dollars for each offense. (~3, Ord. 1532, Jan.
6, 1910; see 13-433, G. S. 1935).
22-611.
A venues.
telephone
Poles removed from Santa Fe and Iron
It is hereby ordered that all telegraph,
and electric light poles now being on
Santa Fe Avenue between Ash and Walnut Streets
and on Iron Avenue between Fifth and Seventh
Streets, in the City of Salina, and all hitching posts
arid posts sustaining signs across sidewalks and all
sidewalks or curb signs, within the limits of said
streets above defined, be removed therefrom within
sixty (60) days from the passage of this ordinance.
(~1, Ord. 1721, July 24th, 1913; see 13-433, G. S.
1935) .
22-612. Removal of same by City. That in all
cases where the owners of such poles and posts re-
quired by Section One hereof to be removed fails or
refuses to remove the same within the time above
specified, the Street Commissioner of the City of
Salina is hereby directed to remove the same and
report the expense thereof to the Council. (~2, Old.
1721, July 24th, 1913).
22-613. Trees; light and telephone companies to
trim; supervision. That where trees and branches
extending over the streets, avenues and alleys of
the City of Salina obstruct and prevent the proper
construction and operation of electric light, power
and telephone lines, such trees or branches may be
cut and trimmed by the company operating such
lines sufficient to permit the proper construction
and operation of such lines, such trimming, how-
ever, to be done under the direction and supervision
of the Street Commissioner of said City and in such
manner as not to unnecessarily injure or impair the
life and appearance of such trees. (~1, Ord. 1573,
Aug. 15, 1910).
-
.
.
.
Ch. 23~ Art. 1
RAILROAD RIGHTS of WAY
251
CHAPTER 23.-RAILROAD
RIGHTS OF WAY.
Article I.-Chicago, Kansas & Neb. Ry. Co. (Rock
Island).-23-101 to 23-109.
2.-Chicago, Kansas & Western Railroad
Co. (Santa Fe).-23-201 to 23-212.
3.-Chicago, Rock Island & Pacific Railroad
Co.-23-301 to 23-302.
4.-Kansas & Colorado Railroad Company
(Missouri Pacific).-23-401 to 23-4U5.
5.-Kansas and Colorado Pacific Ry. Co.
(Missouri Pacific).-23-501 to 23-511.
G.-Missouri Pacific Railway Company).-
23-601 to 23-624.
7.-Salina Northern Railroad Company
(Santa Fe).-23-701 to 23-704.
8.-Salina and Southwestern Railroad Co.
(Union Pacific).-23-801 to 23-827.
9.-Union Pacific Railway Company.-23-
901 to 23-965.
10.-Ordinances and Contracts Relating to
Union Station.-23-1001 to 23-1010.
11.-Street Lights at Railroad Crossings.-
23-1101 to 23-1107.
ARTICLE I.-Chicago, Kansas and Nebraska Rail-
way Co. (Rock Island).
ORDINANCE NO. 568.
(Published in Salina Daily Journal, June 17, 1887)
23-101. Land for right of way taken. ~1. It is
hereby proposed and determined to take for the use
of the Chicago, Kansas and Nebraska Railway Com-
pany, for right of way for a railway with turnouts
and side tracts and for other railway purposes the
following described real estate situated in the said
City of Salina, Saline County, Kansas, or so much
thereof as may be necessary for said purposes, to-
wit: Lots No. 15-16-17-18-19-20-21-22-23-24-25-26-
27 and 28 on Front Street in Jones Addition to the
City of Salina. Lots No. 8-10-12-14-16-18-20-22-24-
26-28-30-32-34-36 and 38 on Second Street in Jones
Addition to the City of Salina; Lots No. 2-4-6 and 8
on Second Street in the City of Salina. Lots No. 3-
5-7-9-11-12-14-16 on Third Street in the City of
Salina; Lots No. 15-17-14-16 and 18 on Fourth Street
in the City of Salina; Lots 13-15-17-14-16 and 18
on Fifth Street in the City of Salina; Lots No.
13-15-17-14-16 and 18 on Santa Fe Avenue in the
City of Salina; Lots No. 13-15-17-14-16 and 18 on
Seventh Street in the City of Salina; Lots No.
13-15-17 and 14 on Eighth Street in the City of
Salina; Lots No. 15-16-17 and 18 on Pine Street
in the City of Salina; Lots No. 23-24-25-26-27-28-
29-30-31-14-15-16-17-18-19-20-21 and 22 in Block 7,
Depot Addition to the City of Salina; Lots No. 11-
12-13-14-15-16-17-18-19-20-21-22-23-24-25 and 26 in
Block 8, Depot Addition in the City of Salina; Lots
No. 6-7-8-9-1.0-11-12-13-14-15-16-17-18-19-20 and 21
in Block 12, Depot Addition to the City of Salina.
Lots No. 1-2-3-4-5-6-7-8-9-10-11-12-13 and 14, Block
13, Depot Addition to the City of Salina; and a
triangular piece belonging to J. Weaver on Thir-
teenth Street west of Block No. 13, Depot Addition
to the City of Salina.
23-102. City Engineer to make plat. ~2. The
City Engineer is hereby directed forthwith to make
a survey and plat of the parcels and tracts of land
above described as provided in Section 1 of Ordi-
nance No. 381, approved June 26, 1883, and file the
same with all convenient speed.
ORDINANCE NO. 601.
(Published in Salina Daily Journal, Oct. 6, 1887.)
23-103. Right of way granted across and along
certain streets and alleys; main line and Fourth
Street. ~1. That the right of way be and the same
is hereby granted to the Chicago, Kansas and Ne-
braska Railway Company, its successors and as-
signs to construct, operate and forever maintain the
main line of its railway, with such side tracks,
switches and second tracks, appurtenant thereto as
said company may deem necessary over, through,
along and across and upon the streets, avenues and
alleys of said City from the east line of said City
to the west line thereof across and upon Cleveland
Avenue, Railroad Avenue, Arthur Avenue, Garfield
Avenue, Pacific Avenue, Grant Avenue, First Street,
Second Street, North Street, Third Street, Fourth
Street, Fifth Street, Santa Fe Avenue, Seventh
Street, Eighth Street, Ninth Street, Tenth Street,
Eleventh Street, Twelfth Street, Thirteenth Street,
Fourteenth Street, Phillips Street, College Avenue,
Simpson Street, Clark Street, Chicago Avenue and
Short Street, and along and upon Bishop Street,
and across all alleys intersected by said railway.
And also the right to build, maintain and operate
a single track railway from some point on its line
east of Fourth Street to, along and upon the east
side of Fourth Street in said City.
23-104. Established grades. !l2. The said rail-
way shall be constructed and maintained at the
established grade in all streets and alleys.
23-105. Construct and maintain crossings and
culverts; supervision of City Engineer. ~3. The
said railway company shall construct and maintain
suitable crossings over its tracks, side tracks and
switches at all streets and alley crossings; also,
proper culverts and waterways along and across its
tracks, side tracks and switches whenever and
wherever required by said City; and the said cross-
ings, culverts and waterways are to be so con-
252
RAILROAD RIGHTS of WAY
,elL .' 28, Art.. '2
structed and maintained under the supervision ,of
and in accordance with the directions of the City
Engineer of said City.
23.106. Rights subject to regulations of City. 94.
The right of way and the use of the streets, avenues
and alleys described, and upon which the railroad
tracks, switches, turnouts and side tracks hereby
authorized to be constructed shall be built, shall be,
remain and vest in such railway company, its suc-
cessors and assigns, so long as the same be used
as aforesaid for the purpose of constructing and
operating a railway and shall be subject to all rules,
ordinances and regulations made by the City of
Salina in the exercise of its lawful powers.
ORDINANCE NO. 1117.
(Published in the Salina Daily Republican J ourna!,
February 18, 1902.)
23.107. Right to construct spur track across Fifth
Street. 91. That there be and is hereby granted
to the Chicago, Kansas & Nebraska Railway Com-
pany, its successors, lessees and assigns, the right
to construct, maintain and operate a side track or
spur from a point on its main track about one hun-
dred feet east of Fifth Street, in the City of Salina,
westward along and upon the south side of the said
main track of said railway company over and across
said Fifth Street to a point south of the building
of the Marion Manufacturing Company, subject,
however, to the restrictions and conditions herein-
after set forth, and subject to such reasonable rules
and regulations now or hereafter enacted by the
Mayor and Council of said City.
23-108. Established grade; sidewalks and cross-
ings; culverts, etc. 92. Said side track or spur
shall be constructed and maintained at the estab-
lished grade of said Fifth Street, and said railway
company shall provide and maintain suitable and
safe street and sidewalk crossings over said track
where the same intersects with and crosses said
Fifth Street and where the same crosses any alley
of said City, and shall provide and maintain suit-
able culverts and waterways under the same when,
where and as directed by order of the Mayor and
Council of said City.
23-109. Forfeiture. 93. That if said railway
company fails or neglects to construct said side
track or spur within three months from this date,
all the rights herein granted shall be forfeited and
revert to said City.
ARTICLE; 2.-:-C~icago, K~nsal\l .aridWel>Jern Rail.
road COmp8l)Y,(Santa Fe).
ORPINA~QE ,NO., .564. .
(Published in Salina .Daily Journal" June 7, 1887.)
23-201. Land for right of wayp taken. 91. It is
hereby proposed and determined to take for the use
of the Chicago, Kansas and Western Railroad Com-
pany for right of way a railroad with turn outs
and side tracks and for other railroad purposes the
following described real estate situated in the City
of Salina, Saline County, Kansas, to-wit: Begin-
ning 930 feet south of the northwest corner of the
southeast Quarter of Section 12-14-3, thence east
350 feet to the Smoky Hill River, thence north-
easterly along the bank of said river to a point on
said river bank due south of a point on the half
section line, 1450 feet east of said northwest corner,
thence north 162Y:! feet, thence west parallel with
the center line of said section to the southern boun-
dary of the Missouri Pacific right of way, thence
westerly along said right of way to the east line
of Front Street, thence south to the place of begin-
ning. Lot No. 14 on Front Street. Lot No. 27 on
Second Street, a strip of land 50 feet wide across
the County Park between 2nd and 3rd Streets, the
north line of which shall be 200 feet south of the
south line of Pine Street, Lot No. 28 on Third
Street, Lots No. 27 and 28 on Fourth Street, Lots
24-25-26-27-28 and 30 on Fifth Street, Lots 23-24-
25-26-27 -28 and 29 on Santa Fe A venue, Lots 23-25
and 27 on Seventh Street, Lots 20-21-22, Grover &
Van Fleet's Subdivision of Church Park, Seventh
Street. Lots 1-2 and 3, Grover and Van Fleet's
Subdivision of Church Park on Eighth Street, S Y:!
of Lot 24 and Lot 25, N1h EY:! Lot 28 on Eighth
Street, Lot 18 on Ninth Street, Bishop's Addn.,
Lots 61 and 62 on Tenth Street, Bishop's Addition,
NY:! Lot 11 on Eleventh Street, NY:! Lot 11 on
Twelfth Street, Weaver's Addition, Lot 16 on
Twelfth Street and Lot No. 15 on Thirteenth Street,
Weaver's Addition, a fraction of Lot No. 14 on
Thirteenth Street, a portion of Weaver's Reserve
50 from south side of Lot 15 on Fourteenth Street,
a fraction of Lot 13 on 15th Street, Weaver's 2nd
Addition.
23-202. City Engineer make survey. 92. The City
Engineer is hereby directed forthwith to make a
survey and plat of the parcels and tracts of. lllnd
above described as provided in Section 1 of Ordi-
nance No. 381, approved June 26th, 1883, and file'
the same with all convenient speed.
23.203. Land for right of way taken. Ordi~?Jce
No. 587, passed and approved July 29th, 18$7"prQ~,
vides for the appropriation of certain private prop-
-
.
Ch. 23, Art. 2
RAILROADRIGHTSoLW A Y
253
,erty for the 1,1se of the Chicago, Kansas &, We!\tern I Street, Eleventh Street, Twelfth Street .and Thir-
Railroad Company for right of way through the teenth Street and over and across all intervening
,City of Salin.a and for depot grounds, terminal alleys and streets between said Front Street .and
facilities .an<l. other purposes, such land being de- Thirteenth Street, which are now or hereafter may
scribed as follows: Lots 7 to 11 inclusive in Block be located between the point of beginning through
.13, Lots 8 to 12 inclusive and Lots 16 to 20 inclusive said City.
in Block 12, Lots 1 to 9 inclusive and Lots 11 to
15 inclusive and Lots 23 to 26 inclusive in Block
8, and Lots 11 to 16 inclusive and Lots 30 to 34
inclusive in Block 7, all in Depot Addition to the
City of Salina, Kansas; also Lot 5 and Lots 7 to
14 inclusive on 8th Street, Lot 3 and Lots 5 to 11
inclusive on 7th Street, Lot 1 and Lots 3 to 10 in-
clusive and Lot 12 on Santa Fe Avenue, Lots 1 to 4
inclusive and Lots 6 and 8 on Fifth Street, and Lots
2 and 4. on Fourth Street, all in the Original Town
of Salina; also Lots 2-4-6-8 and 10 on Fourth Street,
Lots 1-3-5-7-9 to 16 inclusive and Lots 18-20-22
and 24 on Third Street, Lots 15-17-19-21-23-25-26-
27-28-30-32-34-36-38 and 40 on Second Street, and
Lots 14 to 23 inclusive on Front Street, all in Jones
Addition, City of Salina, Kansas; also all of Block
13 and Lots 9-11-13 and Lots 15 to 28 inclusive in
Block 12, Lots 1 to 6 inclusive and Lots 8-10 and
12 in Block 5, Lots 23-25-27 and 28 in Block 11, and
Lots 1 to 20 inclusive and Lots 22-24 and 26 in
Block 6, and the West one-half of Block 7, all in
Morris Addition to the City of Salina. The ordi-
nance also provides for the appointment of commis- (Published in Saline County Journal, May 1, 11:\90.)
sioners for the appraisement of said property, the
method of such procedure to be followed by such
commissioners and for the filing of their report
and for the taking effect of such ordinance.
.
ORDINANCE NO. 586.
(Published in Salina Daily Journal, July 29, 1887.)
23.204. Right of way granted for main line across
certain streets and alleys. ~l. That there be and
hereby is granted to the Chicago, Kansas and Wes-
tern Railroad Company the right to construct, oper-
ate and forever maintain a line of standard guage
railroad into and through the City of Salina, Kansas,
commencing at a point 225 feet more or less south
of the Union Pacific along the east line of Section
12, thence southwesterly as the same is now located
as shown by the map of location now on file in the
office of the City Clerk of said City over and across
all intermediate streets and alleys when completed
or which may hereafter be completed until the line
reaches Front Street, thence across Front Street
continuing in a southwesterly direction across Paci-
fic Street, Second Street, Third Street, Fourth
Street, North Street, Fifth Street, Santa Fe Avenue,
Seventh Street, Eighth Street, Ninth Street, Tenth
.
23-205. Side tracks authorized. 92. That the
said The Chicago, Kansas and Western Railroad
Company be and is hereby authorized to construct,
operate and maintain two or more side tracks from
the east line of the City Limits to Tenth Street.
23-206. Spur track along Fourth Street. ~3. That
the said The Chicago, Kansas and Western Railroad
Company be and is hereby authorized to construct,
operate and forever maintain a spur track com-
mencing at a point of connection with the main
track of said line of railroad between Second and
Third Streets in said City, crossing Third Street
and North Street and down Fourth Street along the
east side of the Salina and Southwestern Railway
to Iron Avenue in the neighborhood of the elevators
in said City, crossing all intervening streets and
alleys, the center of said track shall be laid 20 feet
from the center of said The Salina and Southwes-
tern track as the same is now constructed.
ORDINANCE NO. 739.
23-207. Right of way for switch across certain
streets. g1. That there be and is hereby granted
to the Chicago, Kansas and Western Railroad Com-
pany, the right to construct, operate and maintain
a switch or spur from a point of connection with
its main track at or near the intersection of said
main track with the west line of Fourth Street in
said City, thence along North Street in said City
to a point at or near the intersection of said North
Street with the west line of Santa Fe Avenue in
said City, and also over and across Seventh Street
in said City near the mills and elevators of The
Salina Mill and Elevator Company, subject to the
conditions and provisions in this ordinance specified
and to all such police regulations as may be exer-
cised in said City.
23-208. Conditions of grant. !i2. That the right
of way and the use of that portion of North Street,
upon which the railroad track contemplated by this
ordinance shall be built, shall be, remain and vest
in said railroad company so long as the same shall
be used as in this ordinance specified, for the pur-
pose of said railroad company and with all reason-
able rules and regulations hereinafter made by the
254
RAILROAD RIGHTS of WAY
Ch. 23, Art. 3, 4
..
City of Salina, Kansas, in the exercise of its legal
police power; Provided however, the City of Salina
reserves to itself the right to grant to any other
railroad company or companies the right of way to
construct, maintain and operate tracks and run en-
gines, cars and trains upon the same, upon any
portion of said North Street not actually used and
occupied by said Chicago, Kansas and Western Rail-
road Company, by virtue of this ordinance.
23-209. Construct and maintain crossings and
culverts. ~3. That the Chicago, Kansas and Wes-
tern Railroad Company shall make, provide and
maintain at its own expense, substantial and suf-
ficient crossings and approaches over its railroad
track for each street crossing said track on North
Street and on Seventh Street, and shall make, pro-
vide and maintain all necessary culverts under said
track for the passage of water, and shall leave no
obstruction in said North Street not necessary for
the proper construction and operation of said rail-
road track.
23-210. Pay Damages. ~4. That in case the
property of any person or persons is damaged or
injured by reason of this grant of the right of way
by this ordinance made, and such damage so sus-
tained, shall be substantiated and adjudged by due
process of law, the Chicago, Kansas and Western
Railroad Company shall alone be responsible and
pay all damages and injuries so sustained and ad-
judged.
23-211. Not interfere with grants to other com-
panies. ~5. That the right of way hereby granted
to the Chicago, Kansas and Western Railroad Com-
pany shall in no case affect the rights of the City
of Salina, Kansas, granting the right of way along
and across said North and Seventh Streets and
across the track of the said Chicago, Kansas and
Western Railroad Company to any other company
or companies.
23-212. Cars not stand in North Street. ~6. That
the said Chicago, Kansas and Western Railroad
Company or any company operating said right of
way shall not leave or permit cars to stand on any
portion of said right of way lying and situated on
North Street for a longer period than ten minutes.
ARTICLE 3.-Chicago, Rock Island and Pacific
Railroad Company.
(See Sees. 23-101 to 23-109)
(Published in the Salina Daily Union, Jan. 21, 1918.)
ORDINANCE NO. 2143.
23-301. Right of way for switch track across
Fifth Street. ~1. That the right of way be and the
same is hereby granted to the Chicago, Rock Island
and Pacific Railroad Company to build, maintain
and operate a switch track and to run its trains,
engines, cars thereon upon and across Fifth Street
in the City of Salina, Kansas, a distance of about
15 feet north of the present main line track of
said company as the same now crosses Fifth Street
in said City.
23-302. Specifications of City Engineer. ~2. Said
switch track to be built and constructed in accor-
dance with the plans and specifications of the City
Engineer and the Street and Alley Committee re-
lating to railroad crossings on unpaved streets in
said City.
ARTICLE 4.-Kansas and Colorado Railroad Com-
pany (Missouri Pacific).
ORDINANCE NO. 500.
(Published in Saline County Journal, Aug. 19,1886.)
23-401. Right of way; Ash Street to southern
limits of City. ~l. That the right of way be and
the same is hereby granted t<f the Kansas and Colo-
rado Railroad Company, its successors, lessees and
assigns to construct, maintain and operate a single
track railroad and such side tracks as it shall deem
necessary for the transaction of the business of the
Company and the accommodation of the public, and
run its engines and cars upon the same through said
City of Salina from a point on the north line of
Ash Street in the said City of Salina within 200
feet of the western limits of said City, thence south
along or near and not exceeding 100 feet from the
western limits of the City of Salina to the south
line of said City with the right to cross any and
all streets, avenues and alleys intersecting or cross-
ing said right of way herein granted, subject to
the conditions and provisions of this ordinance and
to all such reasonable police regulations as may be
exercised by the City as to the operation of said
road and the running of trains and cars in the City.
23-402. City regulate construction side tracks, etc.
~2. That the City of Salina reserves unto itself
the right to regulate by ordinance the way and
manner in which all turnouts, side tracks and
switches shall be constructed.
23-403. Construct and maintain crossings and
culverts. ~3. That the said Kansas and Colorado
Railroad Company, its successors, lessees and as-
signs shall make, provide and maintain at its own
expense, substantial and sufficient crossings and
approaches over its railroad track for each street
and alley crossing said track, when required so to
.
.
.
Ch. 23, Art. 5
RAILROAD RIGHTS of WAY
255
do by resolution of the City Council and shall make
culverts under said track for the drainage of water.
23-404. Pay damages. ~4. That in case the
property of any person or persons is damaged or
injured by reason of the grant of this right of way
by this ordinance or the construction of said rail-
road, and such damage or injury shall be adjudged
by due process of law, the Kansas and Colorado
Railway Company shall alone be responsible and
shall pay all damage and injuries so sustained and
adjudged.
23-405. Regulations of City. ~5. That the right,
privileges and grants given by this ordinance to
the said Railway Company, its successors, lessees
and assigns shall be and vest in the said railroad
company as long as the same shall be used for rail-
way purposes and with reasonable rules and regula-
tions hereafter made by the City of Salina in the
exercise of its legal powers.
ARTICLE 5.-Kansas and Colorado Pacific Railway
Company (Missouri Pacific).
ORDINANCE NO. 775.
(Published in Salina Daily Republican, June 24th,
.1891.)
23-501. Right of way for switch or spur along
North Street. ~1. That there be and is hereby
granted to The Kansas and Colorado Pacific Rail-
way Company, the right to construct, operate and
maintain a switch or spur track from a point of
connection with its main track, at or near the inter-
section of said main track with the south line of
North Street in said City, thence due east along
said North Street in said City a distance of five
hundred and thirty-one feet upon the south side of
said street and not to exceed 12 feet in width from
the south line of said street, subject to the condi-
tions and provisions of this ordinance specified, and
to all such police regulations as may be exercised
by said City.
23-502. Conditions. ~2. That the right of way
and the use of that portion of North Street, upon
which the railroad track contemplated by this ordi-
nance shall be built, shall be, remain and vest in
said railroad company so long as the same shall be
used as in this ordinance specified for the purposes
of said railroad company and for the accommodation
of shippers over said track.
23-503. Construct and maintain crossings and
culverts; no obstruction in street. ~3. That the
Kansas and Colorado Pacific Railroad Company
shall make, provide and maintain at its own ex-
pense substantial and sufficient crossings and ap-
proaches over said railroad track for each street
or alley crossing said track, and shall make, pro-
vide and maintain all necessary culverts under said
track for the passage of water, and shall leave no
obstruction in said North Street not necessary for
the proper construction and operation of said rail-
road track.
23-504. Pay damages. ~4. That in case the prop-
erty of any person or persons is damaged or in-
jured by reason of the grant of this right of way
by this ordinance made, and such damage so sus-
tained shall be substantiated and adjudged by due
process of law, the Kansas and Colorado Pacific
Railroad Company shall alone be responsible and
pay all damages and injuries so sustained and ad-
judged.
23-505. Not affect grants to other companies.
~5. That the right of way hereby granted to the
Kansas and Colorado Pacific Railway Company shall
in no case affect the right of the City of Salina,
Kansas, granting the right of way along and across
the said North Street and across the track of the
said Kansas and Colorado Pacific Railway Company
to any other company or companies.
ORDINANCE NO. 985.
(Published in Salina Daily Republican Journal,
March 14, 1899.)
23-506. Right of way for spur along North Street;
conditions. ~1. That there be and is hereby granted
to The Kansas and Colorado Pacific Railway Com-
pany, its successors, lessees and assigns, .the right
to construct, maintain and operate a side track or
spur upon and along the south side of North Street,
along the north side of the buildings and grounds
of the Kansas Ice and Storage Company, subject
however to all reasonable regulations hereafter
adopted by the Mayor and Councilmen of The City
of Salina, Kansas.
ORDINANCE NO. 994.
(Published in Salina Daily Republican Journal,
May 26th, 1899.)
23-507. Right of way for switch track across
certain streets and alleys; conditions. ~1. That
there be and is hereby granted to the Kansas and
Colorado Pacific Railway Company, its successors,
lessees and assigns, the right to construct, main-
tain and operate a sidetrack in said City from a
point on the main line of its railway near the west
side of the alley between Fourth and Fifth Streets
256
RAILROAD RIGHTS of WAY
Ch. 23, Art. 6
in said City westward, along and upon the south
side of the present right of way of said railway
company across Fifth Street, Santa Fe A venue, Sev-
enth Street and Eighth Street, and the several alleY8
between said streets, to a point on its main line
of railroad at or near the east side of Ninth Street,
subject however, to the restrictions and conditions
hereinafter set forth and subject to such reasonable
rules and regulations as may be adopted by the
Mayor and Council of said City.
23-508. Construct and maintain crossings and
culverts. 92. Said railway company shall construct
and maintain suitable culverts and waterways where
required, and suitable and safe crossings over said
sidetrack at all street and alley crossings, said
crossings to be at the same grade as the streets
crossed and said culverts and crossings to be con-
structed according to directions of the City Engi-
neer.
ORDINANCE NO. 1121.
(Published in the Salina Daily Republican Journal,
March 18, 1902.)
23-509. Right of way for switch across Pine and
Third Streets. 91. That there be and is hereby
granted to the Kansas and Colorado Pacific Rail-
way Company the right to construct a single track
turnout or switch from a point on its main line on
Pine Street at or near the east line of Fourth Street,
southeasterly over and across Pine Street and across
Third Street to a connection with its spur now lo-
cated on the west side of the plat of ground known
as "County Park." Subject to the conditions of this
ordinance and such reasonable regulations as the
Mayor and Councilmen may hereafter adopt.
23-510. Grades; crossings. li2. Said track shall
be even with the street and alley grades as now
or hereafter established and said grantee shall pro-
vide and maintain suitable crossings over and water-
ways under the same when, where and as required
by the Mayor and Council of said City.
ORDINANCE NO. 1388.
(Published in Salina Evening Journal, Sept. 5, 1907.)
23-511. Right of way for switch tracks along
Pine Street; conditions; plank rails. 91. That there
be and is hereby granted to Kansas and Colorado
and Pacific Railway Company, the right to con-
struct, maintain and operate a side track or spur
from a point on Pine Street, near the alley between
Santa Fe Avenue and Fifth Street in said City,
along and upon Pine Street to a point on the north
side of Pine Street, near the alley between Fourth
and Fifth Streets; Provided, that said railway com-
pany shall plank between the rails and outside of
the north rail a sufficient distance to make a good
and sufficient crossing the full width of Fifth Street.
ARTICLE 6.-Missouri Pacific Railway Co.
(See Secs. 23-401 to 23-405; 23-501 to 23-515.)
ORDINANCE NO. 1213.
(Published in The Salina Evening Journal, January
20, 1904.)
23-601. Right of way for switch from Pine Street
across Fifth Street and an alley. 91. That there
be and is hereby granted to the Missouri Pacific
Railway Company, its successors and assigns, the
right to construct, maintain and operate, in the City
of Salina, a single side track or switch from a
connection with its present railroad track south of
its main line on Pine Street west of Fifth Street
over and_ across Fifth Street in an easterly direc-
tion and over and across the alley between Fifth
Street and Fourth Street east to the West side of
Fourth Street, in said City of Salina, subject, how-
ever, to the conditions in this ordinance named.
23-602. Grade; crossings and culverts. 92. Said
side track or switch shall be constructed and main-
tained at the established grade of such street and
alley, and said Missouri Pacific Railway Company
shall provide and maintain a suitable crossing over
said track or switch where the same crosses said
Fifth Street, and shall provide and maintain suitable
and sufficient culverts and waterways under the
same and along the same when, where and as di-
rected by order of the Mayor and Council of said
City.
23-603. Regulations. li3. That the right of way
hereby granted shall be and remain subject to all
reasonable regulations now or hereafter enacted by
the Mayor and Council of said City.
23-604. Forfeiture. li4. That if said Missouri
Pacific Railway Company shall fail or neglect to
construct said side track or switch within six months
after the passage of this ordinance, or shall fail
during such time to provide and properly maintain
such crossing over said Fifth Street, that all the
r-ight8 herein granted to such company shall be for-
feited and revert to said City.
23-605. Other Railroads. li5. The City hereby
reserves the right to grant a franchise to any other
railway or railroad company to diagonally cross
this side track or switch at any point.
.
ORDINANCE NO. 1217.
RAILROAD RIGHTS of WAY
257
23-611. Right to change location of tracks on
Bishop Street from Ninth to Fourteenth Street. That
permission is hereby granted to the Missouri Paci-
23-606. Right of way for switch parallel with fic Railway Company to change the location of
Pine Street east of Santa Fe across Fifth Street. its railroad track on Bishop Street, between the
S1. That there be and is hereby granted to the. east side of Ninth Street and a point immediately
Missouri Pacific Railway Company, its successors I west of the west side of Fourteenth Street, in the
and assigns, the right to construct, maintain and City of Salina, from its present location, as indi-
operate, in the City of Salina a single side track cated by black and white lines on a certain blue
or switch from a connection with its present side- print or map hereinafter identified and referred to,
track south of its passenger depot located on the to that location on the north side of said Bishop
east side of Santa Fe A venue and south of its main Street between the points named and across the
line running parallel with Pine Street at a point streets shown as is indicated and designated on
not less than fifteen feet east of the east side of said map or blue print by the line in green ink;
said Santa Fe Avenue, over and across the alley such change of location being permitted, however,
between said Santa Fe Avenue and Fifth Street on condition that said Missouri Pacific Railway Com-
east to said Fifth Street; subject however to the pany shall leave all streets over which such track
conditions in this ordinance named. ' is laid, when such change of location is completed,
in the proper condition for travel and passage and
repassage over the same, and on condition that such
railway company shall build, construct and main-
tain all necessary and proper crossings across said
railway track at such street or streets as intersect
said track; Provided, however, that nothing in this
ordinance contained shall be deemed to authorize
such railway company to construct or lay more than
one railway track along or upon said Bishop Street
within the limits named. (Sl, Ord. 1391, 9-16-07).
Ch. 23, Art. 6
(Published in Salina Evening Journal, Feb. 25, 1904.)
.
23-607. Grades; crossings and culverts. S2. Said
side track or switch shall be constructed at the estab-
lished grade of said alley and said Fifth Street,
and the said grantee, its successors and assigns,
shall maintain suitable crossings over said track,
and shall provide and maintain suitable and suffi-
cient culverts and waterways under the same where
and as directed by the City Council.
23-608. Regulations. S3. That the right hereby
granted shall be and remain subject to all reason-
able regulations now or hereafter enacted by the
Mayor and Council of said City.
23-609. Forfeiture. S4. If the said Missouri Pa-
cific Railway Company shall fail to construct such
side track or switch within sixty days from this
date, all the rights herein granted shall be forfeited.
23-610. Change in tracks along Pine, Bishop and
Ninth Streets ; extend mill track across Ninth. S3.
In consideration of the matters stated in sections
one and two above (see Secs. 13-102 and 103), the
City of Salina grants to the Missouri Pacific Rail-
way Company the right to make certain changes in
its tracks located in Pine St. and Bishop St. and
9th St., at the intersection of 9th St., said changes
to consist of a re-alignment to the north for the
purpose of lessening the curvature in said tracks in
a manner that will best serve the purpose of said
Railway Company. The City of Salina further grants
to the said Railway Company the right to extend
its side track, known as the Mill track, westwardly
across 9th St. to a point of connection with its main
track not to exceed 100 feet west of 9th St. pro-
vided that no cars shall be stored west of 9th Street.
(S3, Ord. 1303, 4-17-06).
.
23-612. Map showing change. That a certain map
or blue print marked for identification in red ink
as "Exhibit to Ordinance No. 1391," is hereby re-
ferred to as the map or blue print specified and
mentioned in sectiQn one of this ordinance, and such
map or blueprint is hereby specially attached to and
made a part of this ordinance. (S2, Ord. 1391, 9-
16-07. The map referred to is on file in office of
City Clerk with Original Ordinance).
ORDINANCE NO. 2185.
(Published in The Salina Daily Union, July 2nd,
1918.)
23-613. Right of way for switch across Seventh
Street. S1. That a right of way be and the same
is hereby granted to the Missouri Pacific Railroad
Company to build, maintain and operate a switch
track and to run its trains, engines and cars thereon
across Seventh Street in the City of Salina, Kan-
sas, due west from and connected with the present
Lee Warren Milling Company's wheat track No.
2. Also to build such track and run its engines,
trains and cars thereon from a connection there-
with at a point west of the west line of Santa Fe
Avenue across Santa Fe Avenue and across Fifth
Street, north of the present Lee Warren Milling
258
RAILROAD RIGHTS of WAY
Ch. 23, Art. 6
Company's track No.1 and connected with the main formity with city ordinances in such cases now or
line of the Missouri Pacific Railroad Company or hereafter provided.
near Pine Street in said City.
23-614. Plans and specifications of City Engineer.
@2. Said switch track shall be constructed in ac-
cordance with the plans and specifications of the
City Engineer and the Street and Alley Committee
of the City of Salina, Kansas, relating to railroad
crossings, on paved streets in said City.
ORDINANCE NO. 2193.
(Published in The Salina Daily Union, June 26th,
1918.)
23-615. Right of way across alleys; extension of
Lee Warren Mill Track. @1. That a right of way
be and the same is hereby granted to The Missouri
Pacific Railroad Company to build, construct and
maintain an extension from the present Lee Warren
Milling Company's mill track No.2 and to run its
engines, trains and cars thereon across the alley be-
tween Santa Fe Avenue and Fifth Street and be-
tween Santa Fe A venue and Seventh Street in said
City.
23-616. Grades; specifications of City Engineer.
@2. Said tracks shall be built and constructed upon
the established grade of such alleys and in accor-
dance with the plans and specifications of the City
Engineer and the Street and Alley Committee of
said City.
ORDINANCE NO. 2853.
(Published in The Salina Daily Union, September
27th, 1923.)
23-617. Right of way for switch on Pine Street
and Fifth Street to northeast corner of Lot 23 on
Santa Fe Avenue. @1. That the Missouri Pacific
Railroad Company, its successors and assigns be and
it is hereby granted a right of way for a switch
track in, over and upon Pine Street and Fifth Street
in the City of Salina, as shown by the plat thereof,
dated July 25th, 1923, now on file in the office of
the City Engineer, for the purpose of building a
switch and side track from the existing lines of said
railroad to about the northeast corner of Lot 23 on
Santa Fe Avenue in said City and any extensions
thereof which shall be made hereafter on private
ground.
23-618. Not to interfere with use of streets;
crossings. @2. Said track shall be constructed and
maintained as not to interfere with the use of said
streets as now used and traveled, and said railroad
company, its successors and assigns shall maintain
crossings over said track on Fifth Street in con-
23-619. Removal; restore streets. 93. Said com-
pany, its successors and assigns shall have the right
when said switch track shall cease to be used, to
remove the same, provided that if said switch shall
be removed the streets over which the right of way
is hereby granted shall be restored to the condi-
tion then existing.
ORDINANCE NO. 2871.
(Published in The Salina Daily Union, October 31st,
1923.)
23-620. Right of way across Ninth Street south
of Pine Street. @1. Missouri Pacific Railroad Com-
pany is hereby granted the right to construct, and
it and its successors and assigns the right to main-
tain and operate a standard guage railroad track
over and across Ninth Street in the City of Salina,
Kansas, in a location described as follows: Begin-
ning at a point on the main line of the Missouri
Pacific Railroad Company approximately 170 feet
west of the west line of Ninth Street, thence run-
ning in a southeasterly driection across Ninth Street
to an intersection with the east line of Ninth Street
at a point approximately 60 feet south of the south
line of Pine Street, provided, however, that no
switch frog or switch points used in connection with
the construction or operation of such track or its
connection with any other track shall be placed in
said Ninth Street or at any point between the east
and west lines of said street.
23-621. Crossings maintained. @2. Said railroad
track and the paving and street crossings affected
thereby shall be constructed, maintained and oper-
ated in accordance with the laws of the State of
Kansas and the ordinances of the City of Salina,
now in force or hereafter adopted.
ORDINANCE NO. 2903.
(Published in The Salina Evening Journal, Decem-
ber 12th, 1923.)
23-622. Right of way across Eighth Street south
of Pine Street. 91. Missouri Pacific Railroad Com-
pany is hereby granted the right to construct and
it and its successors and assigns the right to main-
tain and operate a standard gauge railroad track
over and across Eighth Street in the City of Salina,
Kansas, in a location described as follows: Begin-
ning at the end of the present Missouri Pacific Rail-
way Company switch track approximately 40 feet
east of the east line of Eighth Street and approxi-
mately 95 feet south of the south line of Pine Street,
thence running in a northwesterly direction across
....
.
Ch. 23, Art. 7
RAILROAD RIGHTS of WAY
259
Eighth Street and connecting with the Missouri
Pacific switch track approximately 165 feet north-
. westerly of the point of beginning, provided, how-
ever, that no switch or frog or switch points used
in connection with the construction or operation of
such track shall be placed in said Eighth Street
or at any point between the east and west lines of
said street.
23-623. Crossings maintained. ~2. Said railroad
track and the paving and street crossings affected
thereby shall be constructed, maintained and oper-
ated in accordance with the laws of the State of
Kansas and the ordinances of the City of Salina,
now in force or hereafter adopted.
.
RESOLUTION NO. 351.
(Passed and Approved June 2, 1924.)
23-624. Right of way in Third Street; right to
terminate; restoration of street. Be it resolved by
the Board of Commissioners of the City of Salina,
Kansas, that there be and there is hereby granted
to the Missouri Pacific Railroad Company, its suc-
cessors and assigns an easement for a railroad
right of way in Third Street within said City west
of and immediately adjacent to the east line of
said street from the north line, extended west, of
Lot 10 on Elm Street to the south line, extended
west, of Lot 5 on Pine Street, such easement to
be of sufficient width to permit the construction
of a single line of railroad track within the limits
above described, provided, however, that there shall
be and there is hereby reserved to the City of
Salina the right to terminate the easement and
right herein granted at any time that such termi-
nation may be deemed necessary by the governing
body of the City of Salina and that upon any such
termination said Missouri Pacific Railroad Company,
its successors or assigns shall remove any railroad
tracks or other improvements which may have been
constructed thereon and restore that part of such
street used by it to its present condition.
ARTICLE 7.-Salina Northern Railroad Company
(Salina and Santa Fe Railroad Company).
ORDINANCE NO. 2829.
(Published in Salina Evening Journal, July 21, 1923.)
23-701. Right of way over and across certain
streets and alleys. ~1. That the right is granted
The Salina Northern Railroad Company, its succes-
sors and assigns to construct, maintain and operate
railway tracks over, along and across the following
streets, alleys and public ground in the City of
.
Salina, Kansas, for a period of twenty years from
the date of this ordinance becomes effective, to-wit:
(a) Three railroad tracks over College Street,
now 15th Street as now constructed and maintained,
north of Elm Street and tracks connecting The
Salina Northern Railroad Company with the tracks
of the Atchison, Topeka and Santa Fe Railway Com-
pany, Chicago, Rock Island and Pacific Railway
Company and The Missouri Pacific Railroad Com-
pany.
(b) Three tracks on the north and south alley
and east and west alley in Weaver's Second Addi-
tion in block bounded by College Street, now 15th
Street, Elm Street, Railroad Street and The Atchi-
son, Topeka and Santa Fe Railway and Union Paci-
fic Railroad.
(c) Three tracks over and across Railroad Street
north of Elm Street as now constructed and main-
tained.
(d) Three tracks over and across Elm Street
west of Railroad Street and over and across its
intersection with Chicago Street, as now constructed
and maintained.
(e) Three tracks over and across Chicago Street
and its intersection with Elm Street as now con-
structed and maintained.
(f) Three tracks over and across the east and
west alley in Block 14, Elmdale, a subdivision of
land as designated on the recorded plat of said sub-
division.
(g) Three tracks over and across Olive Street
north of Park Street.
(h) Three tracks over and across the street or
alley southwesterly of Park 1, in Elmdale.
All of the tracks mentioned in above Sections A
to H inclusive being now located and situated on
and within the limits of the present existing right
of way of said Salina Northern Railroad Company.
In connection with the aforesaid tracks, said gran-
tee may maintain and operate all existing switches
and cross-overs connecting said tracks on said
streets, alleys and public grounds and may con-
struct, operate and maintain such additional switches
and connecting tracks between the present exist-
ing tracks and within the limits of the present
existing right of way of said railroad company as
may in the future be necessary to the convenient
operation of all present existing tracks.
23-702. Construct tracks and switches. ~2. Said
railroad company its successors and assigns are
260
RAILROAD RIGHTS of WAY
Cb. 23, Art. 8
authorized to hereafter from time to time during
the existence of this grant, construct, maintain and
operate over all of the streets, alleys and public
grounds hereinbefore mentioned, but on its present
existing right of way, which is north of Park Street
at its intersection with Olive and Chicago Streets,
and north of Elm Street at its intersection with
Railroad Street and north of the east and west alley
in Weaver's 2nd Addition north of Elm Street at
its intersection with College or 15th Street and
south of the main line right of way of the Union
Pacific Railroad Company and of the right of way
of the Atchison, Topeka and Santa Fe Railway Com-
pany, any tracks which it from time to time re-
quires, with all necessary and convenient switches,
crossing tracks and turnout tracks, all to be within
the limits of the present existing right of way.
23.703. Construct and maintain crossings; comply
with ordinances; rights reserved. S3. Tha.t said
railroad company, its successors and assigns by ac-
cepting this ordinance, hereby agree to provide and
maintain sufficient crossings over its tracks for
each of the streets and alleys above mentioned,
should they ever be opened across the Atchison, To-
peka and Santa Fe Railway and Union Pacific Rail-
road Company rights of way north thereof, and to
comply, with all ordinances now in force or here-
after enacted by the City of Salina regulating the
use of all of such crossings or providing for the
safety of pedestrians or vehicular traffic and of
the public in general at or on said crossings. They
shall install and maintain sufficient and suitable
drainage under said tracks for the purpose of
properly draining said streets and alleys, the mat-
ter of such drainage to be under the control of the
City of Salina. Said City reserves unto itself the
right to extend its water mains and pipes under said
tracks on said public grounds and to at any time in
the future build or extend its sewer system under
said tracks, upon such streets, alleys and public
grounds and to place its light poles and wires across
the tracks on such streets and alleys.
23-704. Take effect; acceptance. S4. This ordi-
nance shall take effect and be in force from and
after its passage and publication once a week for
three (3) consecutive weeks in The Salina Evening
Journal, the official paper of said City, and the
filing of the acceptance hereof with the City Clerk
of the City of Salina by The Salina Northern Rail-
road Com:Jany. (Ordinance was published as pro-
vided for and acceptance is on file in office of City
Clerk.)
ARTICLE8.~Salina .and .Southwes.tern: Railroad
:Company (Union Pacific);
ORDINANCE NO:. 342.
(Published in Salina Herald, Dec. 17th, 1881.)
23-801. Right of way for railroad from Union
Pacific right of way to south line of City. s1.That
the right of way be and the same is hereby granted
to the Salina and Southwestern Railway Company
to. construct, maintain and operate a single railroad
track, and such sidetracks as shall be essential and
necessary for the transaction of the business of said
company and the accommodation of the public, and
run its engines, cars and trains upon the same, upon
the center of Fourth Street, in the City of Salina,
from the place where the track of the Union Pacific
Railway intersects and crosses the center of Fourth
Street, to the south line of the City of Salina, ex-
cept that the right of way across and near Iron
Avenue shall deviate to the west of said Fourth
Street in order to avoid the bridge, in such manner
as shall hereafter be prescribed by ordinance, when
such line of deviation shall have been definitely
established and approved by the City Council, sub-
ject to the conditions and provisions in this ordi-
nance specified, and to all such reasonable police
regulations as may be exercised by the City as to
the operation of said road and the moving of cars
and trains within the City.
23.802. Use; right to other roads. S2. That the
right of way and the use of that portion of Fourth
Street and Iron Avenue, upon which the railroad
track contemplated by this ordinance shall be built,
shall be, remain and vest in said railway company
so long as the same shall be used, as in this ordi-
nance specified, for the purpose of said railroad,
subject to all reasonable rules and regulations here-
after made by the City of Salina, in the exercise
of its legal police powers; and the City of Salina
shall have the right to grant to any other railroad
company or companies the right of way to con-
struct, maintain and operate a railroad track or
tracks, and run engines, cars and trains upon the
same, upon any portion of said Fourth Street and
Iron Avenue not actually used and occupied by said
Salina and Southwestern Railway Company by vir-
tue of this ordinance.
23-803. Rights reserved. S3. That the City of
Salina reserves unto itself the right, power and
authority to regulate by ordinance the way and
manner all turn-outs, side tracks and switches now
laid or hereafter laid in or upon said Fourth Street,
for the purpose of reaching any depot, elevator,
warehouse, store house, coal yard, lumber yard,
.....
.
:Ch..;:!;l" :A,rt;.:s
'RAIUWAD RIGHTS of WAY
261
st.o~!< .:y~d, 9ro.ther,ho~s~.. or . p~~ce:. 0;( .:.b1ls~n~ss,
'!V;het:h~r the samesl1e 1l!;1q by theSaUJ;laand South~
wes~erp..Railw~y. Gompany . o.rany. . otl).(!r railway
~o~p:~ny: \lL .comp'anies t<.> ,whom a.. gr~nt of tlIe
r~l.1~ "of way" may hereafter be made by the Bity
Cqu.ncilof the City of. Salina, shall be operated by
said companies so as best to facilitate the business
of the railroad companies using the same and for
the welfare of the public.
23-804. (Repealed by ~1, Ord. 3147, 8-17-25).
23-805. Construct and maintain crossings; ob-
structions. ~5. That the Salina and Southwestern
Railway Company shall make, provide and main-
tain, at its own expense, substantial and sufficient
crossings and approaches over its railroad track on
Iron Avenue, and for each street crossing said track
on Fourth Street, and shall make, provide and main-
tain all necessary culverts under said tracks for the
passage of water, and shall leave no obstruction
in said Fourth Street or Iron A venue, not necessary
for the proper construction and operation of said
track.
.
23-806. Pay damages. ~6. That in case the
property of any person or persons is damaged or
injured by reason of the grant of the right of way
by this ordinance, and such damage or injury so
sustained shall be substantiated and adjudged by
due process of law, the Salina and Southwestern
Railway Company shall alone be responsible and pay
all damages and injuries so sustained and adjudged.
23-807. Rights to other roads. ~7. That the
right of' way hereby granted to the Salina and
Southwestern Railway Company shall in no case
affect the right of the City of Salina to grant the
right of way across said Fourth Street and across
the track of the Salina and Southwestern Railway
Company on said Fourth Street, to any other rail-
road compa,ny or companies.
ORDINANCE NO. 348.
(Published in Salina Herald, December 17, 1881.)
23-808. Right of way across Iron A venue; side
tracks. ~1. That the right of way be and the same
is hereby granted to the Salina and Southwestern
Railway Company to construct, maintain and oper-
ate a single railroad track and run its engines, cars
and trains upon the same across Iron Avenue at a
point not less than 70 and not more than 100 feet
from the center of Iron Bridge across the Smoky
Hill River. Also granting to said railway com-
pany the right to build, maintain and operate a
single railroad track from a point in the center
of Fourth Street opposite the south line of Lot
.
No. 90..inFourth Street and run thence in a south-
westerly dir~ctiQn' ,to'a . point. on the east line and
at .OL near the. center .of . Lot. J,02.on.. Fourth.Street,
also from .a point. on.the east line at or near. the
center of Lot 120. on Fourth Street. and running
thence in a southeasterly direction to a point in
the center of Fourth Street opposite the south ljne
of Lot No. 130 on Fourth Street subject to all the
conditions, specifications and regulations mentioned
and set forth in Ordinance No. 342 of said City of
Salina.
ORDINANCE NO. 390.
(Published in Saline County Journal, November 8,
1883.)
23-809. Right of way across Ninth Street and
along North Street; connect with Fourth Street. ~1.
That the right of way be and the same is hereby
granted to the Salina and Southwestern Railway
Company to construct, maintain and operate a
single railroad track and run its engines, cars and
trains upon the same in the City of Salina, said
track to commence at the east side of Block No.6
in the Depot Addition to the Town of Salina, run-
ning thence east across Ninth Street and on the
south side of North Street to the east line of Fifth
Street in said City and the right to locate a Y and
lay tracks therefor from said east line of Fifth
Street across such streets and alleys as may be
necessary to connect with the main tracks as now
located on Fourth Street and to use the same, sub-
ject to the conditions and provisions of this ordi-
nance specified and to all such police regulations
as may be executed by the City.
23-810. Use; comply with regulations; rights to
other roads. ~2. That the right of way and the use
of those portions of said streets upon which the
railroad tracks contemplated by this ordinance shali
be built, shall be, remain and vest in said railway
company so long as the same shall be used as in
this ordinance provided for the purposes of said
railroad and with all reasonable rules and regula-
tions hereafter made by the City of Salina iri its
exercise of its legal powers, provided, however, the
City of Salina reserves to itself the right to grant
to any other railroad the right of way to construct,
maintain and operate a railroad track or tracks or
run engines, cars and trains upon the same upon
any portion of said streets, not actually used and
occupied by said Salina and Southwestern Railway
Company by virtue of this ordinance.
23-811. Construct and maintain crossings and
culverts; obstructions. ~3. That the Salina and
262
RAILROAD RIGHTS of WAY
Ch. 2.'5, Art. 8
Southwestern Railway Company shall make, pro-
vide and maintain at its own expense substantial
and sufficient crossings and approaches over its rail-
road track for each street crossing said track, on
said streets, and shall make, provide and maintain
all necessary culverts, under said tracks for the pas-
sage of water and shall leave no obstruction in said
streets not necessary for the proper construction
and operation of said railroad track.
23-812. Pay damages. ~4. That in case the
property of any person or persons is damaged or
injured by reason of the grant of the right of way
by this ordinance, and such damage or damages or
injury so sustained shall be substantiated and ad-
judged by due process of law, the Salina and South-
western Railway Company shall alone be responsi-
ble for and pay all damages and injuries so sus-
tained and adjudged.
23-813. Rights to other roads. ~5. That the
right of way hereby granted to the Salina and
Southwestern Railway Company shall in no case
affect the right of the City of Salina to grant the
right of way over and across said streets and across
the tracks of said Salina and Southwestern Rail-
way Company on said street to any other railroad
company or companies.
23-814. Operate for benefit of public. ~6. This
ordinance shall be in force and continue only so long
as said track shall be operated for the benefit of
the public and shall take effect and be in force from
and after its publication once in the Saline County
Journal.
ORDINANCE NO. 433.
(Published in Saline County Journal, Jan. 1, 1885.)
23-815. Right of way across Ninth Street and
along North Street. ~1. That the right of way be
and the same is hereby granted to the Salina and
Southwestern Railway Company to construct, main-
tain and operate a single railroad track and run
its engines, cars and trains upon the same in the
City of Salina; said track to commence at or near
where the track of said company now intersects
the west line of Block 6 in the Depot Addition to
the City of Salina, thence east across Ninth Street
and on the south side of North Street and north of
the right of way granted to the said Salina and
Southwestern Railway Company on the 15th day
of October, 1883, and at and to and connecting with
the track of the said Salina and Southwestern Rail-
way Company at some point on said track not more
than 110 feet east of the east line of Ninth Street
and the grant. hereby made shall not be at any point
on North Street further north than is now occupied
by the track construeted on the grant made Octo-
ber 15, 1883, and to use the same subject to all the
provisions and conditions of this ordinance specified
and to all such police regulations as may be exer-
cised by the City.
23-816. Use; regulations of City; rights to other
roads. ~2. That the right o~ way and the use of
those portions of the said streets upon which the
railroad track contemplated by this ordinance shall
be built shall be, remain and vest in said railway
company so long as the same shall be used as in
this ordinance specified for the purposes of said
railroad, and with reasonable rules and regulations
hereafter made by the City of Salina, in the exer-
cise of its legal powers, provided however, the City
of Salina reserves unto itself the right to grant to
any other railroad company or companies the right
of way to construct, maintain and operate a rail-
road track or tracks and run engines, cars and
trains upon the same upon any portions of said
streets not actually used and occupied by the said
Salina and Southwestern Railway Company by vir-
tue of this ordinance.
23-817. Construct and maintain crossings and
culverts. ~3. That the Salina and Southwestern
Railway Company shall make, provide and main-
tain at its own expense, substantial and sufficient
crossings and approaches over its railroad tracks
for each street crossing said track and to a point
50 feet east of Ninth Street and shall make, pro-
vide and maintain all necessary culverts under the
same for the passage of water and shall leave no
obstructions on said streets not necessary for the
proper construction and operation of said railroad
tracks.
23-818. Pay Damages. ~4. That in case' the
property of any person or persons is damaged or
injured by reason of the grant hereby made and
such damage is sustained, shall be substantiated and
adjudged by due process of law the Salina and
Southwestern Railway Company shall alone be re-
sponsible for and pay all damages and injuries so
sustained and adjudged.
23-819. Rights to other roads. ~5. That the
right of way hereby granted to the Salina and
Southwestern Railway Company shall in no case af-
fect the right of the City of Salina to grant the
right of way over and across the track of said
Salina and Southwestern Railway on said streets,
to any other railroad company or cOlllpanies.'
.
.
.
Ch. 23, Art. 8
RAILROAD RIGHTS of WAY
263
23-820. Benefit of public. ~6. This ordinance
shall be in force and continue so long as said track
shall be operated for the benefit of the public and
shall take effect and be in force from and after
its publication in the Saline County Journal.
ORDINANCE NO. 561.
(Published in Salina Daily Journal, May 28, 1887.)
23-821. Right of way in Fourth Street; condi-
tion. ~1. That the right of way be and the same
is hereby granted to the Salina and Southwestern
Railway Company to construct, maintain and oper-
ate a single railroad track and run its engines, cars
and trains upon the same from a point in the center
of Fourth Street in the City of Salina, in tl}e City of
Salina, Kansas, 45 feet north of the north line of
Elm Street to a point where the north line of Lot
No. 37 on Fourth Street intersects the east line of
said Fourth Street, subject to all the conditions,
specifications and regulations mentioned and set
forth in Ordinance No. 342 of said City of Salina.
(See Secs. 23-801 to 23-809).
ORDINANCE NO. 631.
(Published in Salina Daily Journal, March 3, 1888.)
23-822. Right of way in Fourth Street, Elm to
Pine. ~1. That the right of way be and the same
is hereby granted to the Salina and Southwestern
Railroad Company to construct, maintain and oper-
ate a single side track with necessary connections
with the main line of the Salina and Southwestern
Railroad Company and run its engines, cars and
trains upon the same on the west side of Fourth
Street from a point at the clearing post of a side
track now located on said Fourth Street about 100
feet south of Elm Street northward to the south
line of Pine Street, subject to all the conditions,
specifications and regulations mentioned and set
forth in Ordinance No. 342 of said City of Salina.
(See Secs. 23-801 to 23-809).
ORDINANCE NO. 905.
(Published in Salina Daily Republican Journal,
Dec. 10, 1895.)
23-823. Right of way along Elm Street from
Santa Fe A venue east, and along Fourth Street.
~1. The right of way is hereby granted to The
Salina and Southwestern Railway Company, its suc-
cessors and assigns to construct, operate and main-
tain a spur to its railway upon and along the south
side of Elm Street in said City, from a point 10
feet east of the point where said Elm Street inter-
sects with the east side of Santa Fe Avenue, which
said spur shall be of standard gauge and shall be
built and constructed along the south side of said
Elm Street, the center of the line of said spur to
be 8 feet from the south line of said Elm Street
from said point aforesaid to a point about 400 feet
east from the said point of commencement, thence
in a northeasterly direction in a curve line across
said Elm Street and along and upon Fourth Street
to a point where the same can form an intersection
with the line of the Salina and Southwestern Rail-
way as the same is now located on Fourth Street,
at a point about 200 feet north of the south line
of Elm Street where the same crosses Fourth Street.
23-824. Grades. ~2. That said spur shall be
constructed and maintained at the established grade
in all streets and alleys.
23-825. Construct and maintain crossings and
culverts. ~3. That said railway company shall con-
struct and maintain suitable crossings over said spur
at all street and alley crossings; and also proper
culverts and waterways along and across said spur
whenever and wherever required by the Mayor and
Councilmen of the said City of Salina, said cross-
ings, culverts and waterways shall be constructed
and maintained under the supervision of and in ac-
cordance with directions of the City Engineer of
said City of Salina.
23-826. Use; rights to other roads. ~4. The
right of way and use of the streets and alleys de-
scribed, upon which said spur is hereby authorized
to be constructed shall be built, shall remain and
vest in said railway company, its successors and as-
signs, so long as the same shall be used as afore-
said for the purpose of constructing and operating
a spur for said railway, and subject to all rules,
ordinances and regulations made by the Mayor and
Councilmen of the said City of Salina, in the exer-
cise of the lawful powers of said City, provided
however, that the said City shall, at all times, have
the right to make provision for other railways or
street railways to cross the said spur and to pro-
vide for other streets and alleys than those now
in existence to cross the said spur without being
required to pay damages therefor.
23-827. Switching charges; freight from other
roads; forfeiture. ~5. This ordinance and the grant
hereby made is upon these express conditions, that
the said spur shall be constructed, completed and
in operation within 6 months from the taking ef-
fect of this ordinance and that the said railway
company will deliver free of switching charges any
carload lots of freight received by it for transporta-
tion to the said City of Salina, on the said spur
for the purpose of being unloaded, at the request
264
HAILROAD RIGHTS of WAY
Ch.23, Art. 9
of the consignee of such freight, and will further I maintain suitable crossings over sajd track at. all
deliver on said spur any carload lots of freight re- street ~nd '.alley . crossing~, and shall .provide and
ceived in said City of Salina by any of the other maintain sufficient culverts and waterways under
railroads running into said City, for the purpose the same, when, where and as directed by order of
of being unloaded at the request of the consignee the Mayor and Council of said City.
thereof upon payment by said consignee of the usual
switching charges for like services, and shall also 23-904. Regulations of City. S3. The right of
set in and upon said spur empty cars of its own I way herein granted shall be and remain subject to
or of that of other roads in like manner and for all reasonable regulations, now or hereafter en-
like charges, for the purpose of being loaded in the acted by the Mayor and Council of said City.
said City, when requested so to do by the party
intending to ship such freight. and in case the said
railway company shall fail, neglect or refuse to
build and construct said spur within said time or
shall fail, neglect or refuse to comply with any of
the other provisions of this section, then and in that
event all rights hereby granted shall revert to and
revest in the said City of Salina.
ARTICLE 9.-Union Pacific Railway Company.
(See also Secs. 23-801 to 23-827.)
ORDINANCE NO 634.
(Published in Salina Daily Journal, March 6, 1888.)
23-901. Right of way across Twelfth Street. S1.
That the right of way be and the same hereby is
granted to the Union Pacific Hailway Company to
construct, maintain and operate two side tracks over
and across Twelfth Street in Depot Addition to the
City of Salina and run its engines, cars and trains
upon the same, subject to all the conditions, speci-
fications and regulations, mentioned and set forth
in Ordinance No. 342 of said City of Salina. (See
Secs. 23-801 to 23-809).
OHDINANCE NO. 1115.
(Published in Salina Daily Republican Journal,
February, 1902.)
23-902. Right of way from Fourth and Elm,
across Elm and along alley south of Elm. S1. That
there be and is hereby granted to Union Pacific
Railroad Company, its successors and assigns, the
right to construct, maintain and operate a side track
or spur, from a point on its side track on Fourth
Street and Elm Street, over and across Elm Street,
and along and upon the alley between Fourth and
Fifth Streets, to a point one hundred and thirty
feet south of the south line of Elm Street, subject,
however, to the conditions in this ordinance con-
tained.
23-903. Grades; crossings and culverts. 92. Said
side track or spur shall be constructed and main-
tained at the established grade of said street and
alley and said railway company shall provide and
23-905. Railroad convey alley to City. 94. The
right of way herein granted is upon the express
condition that said grantee shall convey, or cause
to be conveyed, to said City, a right of way for
an alley twenty feet wide, from Fourth Street to
Fifth Street, the south line of which right of way
shall be one hundred and fifty feet south of the
south line of Elm Street.
23-906. Forfeiture. 95. That if said railway
company fails or neglects to construct said switch
or spur within eight months from this date, all the
rights herein granted shall be forfeited and revert
to said City.
ORDINANCE NO. 1440.
(Published in Salina Evening Journal, September
3, 1908.)
23-907. Right of way along North Street; Salina
Alfalfa Meal Company. 91. That there be and is
hereby granted to the Union Pacific Railroad Com-
pany, its successors, lessees and assigns, the right
to extend, maintain and operate a switch or side
track from the eastern terminus of its present switch
on North Street, eastward along and upon North
Street and across Santa Fe Avenue to some point
on the north line of Lot No.1, on Santa Fe Avenue
in said City of Salina, Kansas, Provided, however,
that said extension being for the benefit of the
Salina Alfalfa Meal Company, it shall not be con-
structed until said meal company has constructed
a building for its factory on Lots Numbered 1 and
3 on Santa Fe Avenue, in the said City of Salina,
Kansas.
23-908. Grades; pave crossings. 92. Said switch
or side track shall be constructed and maintained
at the established grade of said Santa Fe Avenue
and said Union Pacific Railroad Company shall pave,
with macadam, the entire space between the rails
of said switch or side track and to the end of the
ties thereof, on either side, the entire width of said
Santa Fe Avenue and to the satisfaction and ap-
proval of the Mayor and Council.
~
.
.
.
Ch,2.3, Art.\)
RAILROAD RIGHTS of WAY
ORQINANClj; NO. 1591.
(Published ill Salina Evening Journal, January,
. . . 1911.)
23-1:109. Right of way from Fourth Street, across
Fifth Street and alleys. ~1. That the right be and
is hereby granted to Union Pacific Railroad Com-
pany to construct, operate and maintain a railroad
track for switch purposes from a connection with
its present track in Fourth Street, at a point op-
posite Lot 28, on Fourth Street, and southerly there-
from in said Fourth Street, to a point in the east
line of Lot Thirty-four (34) on Fourth Street, and
across the alley in said block at a point between
Lots 39 and 40 on Fifth Street and on Fourth Street
and across Fifth Street from a point in the west
line of Lot 41 on Santa Fe Avenue to the east line
of Lot 42 on Fifth Street and across the alley be-
tween said Lots 41 and 42 in Salina, Kansas, which
track is shown on blue print on file with the City
Clerk.
23-910. Crossings. ~2. Union Pacific Railroad
Company shall at all times while maintaining and
operating said switch track, keep the same properly
planked within the rails the full width of all streets
which it crosses or filled with suitable material at
all points where it is located in said streets and
alleys.
ORDINANCE NO. 2034.
(Published in Salina Daily Union, May 19, 1917.)
23-911. Right of way across Ninth Street. ~1.
That the right of way be and the same is hereby
granted to the Union Pacific Railroad Company to
build, maintain and operate a switch track, and to
run its trains, engines and cars thereon, across Ninth
Street in the City of Salina, Kansas, at a point on
a line extended west from the present switch track
of the McPherson Branch of the Union Pacific Rail-
road Company.
23-912. Specifications of City Engineer; paved
streets. ~2. Said switch track to be built and con-
structed in accordance with the plans and specifica-
tions of the City Engineer and the Street and Alley
Committee of the City of Salina, Kansas, relating
to railroad crossings on paved streets in said City.
ORDINANCE NO. 2060.
(Published in Salina Daily Union, July 7, 1917.)
23-913. Right of way along Fourth Street and
across Elm Street; connect with Lee Mercantile
Switch. .!l1. That the right of way be and the
same is hereby granted to the Union Pacific Rail-
road Company to build, maintain and operate a
switch track and to run its trains, engines and cars
there 0 11, along. Fourth Street in said. City from the
present terminal of its McPherson team. track, nortb
alQtlg said street to and across Elm Street in said
City and connecting with the present Lee Mercantile
Switch track.
23-914. Specification of City Engineer; paved
streets. ~2. Said switch to be built and constructed
in accordance with the plans and specification of
the City Engineer and the Street and Alley Com-
mittee of the City of Salina, Kansas, relating to
railroad crossings on unpaved streets in said City.
ORDINANCE NO. 2113.
(Published in Salina Daily Union, December 8,1917.)
23-915. Right of way across Ninth Street and
along North Street. ~1. That the right of way be
and the same is hereby granted to the Union Pacific
Railroad Company to build, maintain and operate
two switch tracks and to run its trains, engines
and cars thereon across Ninth Street in the City
of Salina, Kansas, between its present tracks as
the same now cross Ninth Street and a point where
North Street intersects said Ninth Street and to
build, maintain, operate and extend one of such
tracks along and across the north side of North
Street at or east of its intersection with Seventh
Street to connect with present McPherson Branch
switch.
23-916. . Plans and specifications of City Engineer;
paved streets. S2. Said switch tracks to be built
and constructed in accordance with the plans and
specifications of the City Engineer and the Street
and Alley Committee of the City of Salina, Kansas,
relating to railroad crossings on paved streets in
said City.
ORDINANCE NO. 2121.
(Published in Salina Daily Union, February 22,
1918.)
23-917. Right of way across Ninth Street, Sev-
enth Street and along North Street. ~1. That the
right of way be and the same is hereby granted to
the Union Pacific Railroad Company to build, main-
tain and operate a switch track and to run its
trains, engines and cars thereon across Ninth Street
in the City of Salina, Kansas, between its present
tracks as the same now cross Ninth Street and a
point where North Street intersects said Ninth
Street in said City; and to build, maintain and oper-
ate said switch track and run its engines and cars
thereon across Seventh Street, approximately twenty
feet north of the intersection of North Street with
said Seventh Street and along, upon and across the
265
266
RAILROAD RIGHTS of WAY
Ch.23, Art. 9
north 20 feet of North Street in said City, east of
Seventh Street and between Santa Fe Avenue and
across Santa Fe Avenue in said City at a point
beginning about 20 feet south of the north line of
said North Street in said City to connect with the
present Union Pacific-McPherson Branch track ap-
proximately 75 feet east of said Santa Fe Avenue
and to run its trains, engines and cars thereon.
23-918. Specifications of City Engineer; paved
streets. ~2. Said switch tracks to be built and
constructed in accordance with the plans and speci-
fications of the City Engineer and the Street and
Alley Committee of the City of Salina, Kansas,
relating to railroad crossings on paved streets in
said City.
ORDINANCE NO. 2177-
(Published in Salina Daily Union, May 11, 1918.)
23-919. Right of way along North Street. ~1.
That the right of way be and the same is hereby
granted to the Union Pacific Railroad Company to
build, maintain and operate a switch track and to
run its trains, engines and cars thereon along the
south side of North Street in the City of Salina,
Kansas, between the present tracks of the Union
Pacific Railroad Company and the south side of
said North Street and to connect said switch track
with its present tracks as the same are now con-
structed upon said North Street as the same may
be constructed under the right given such company
by the terms of Ordinance No. 2034, passed and
approved by the Mayor and Council upon the 7th
day of May, 1917.
23-920. Specifications of City Engineer; paved
streets. ~2. Said switch track to be built and con-
structed in accordance with the plans and specifica-
tions of the City Engineer and Street and Alley
Committee of the City of Salina, Kansas, relating to
railroad crossings on unpaved streets of the City
of Salina.
ORDINANCE NO. 2180.
(Published in Salina Daily Union, May 25, 1918.)
23-921. Right of way along Fourth Street, across
alley, Elm Street from Third and Ash to Main Line
McPherson Branch; also switch tracks across Elm
Street. ~1. That the right of way be and the same
is hereby granted to the Union Pacific Railroad
Company to build, maintain and operate switch
tracks and to run its engines, trains and cars there-
on to its freight terminal at Third and Ash Streets
in the City of Salina, Kansas, from a connection
with the main line track of its McPherson Branch
on Fourth Street north af Pine- Street along, upon
and across Fourth Street in Ii southeasterly direc-
tion over and across the alley in the block between
Third and Fourth Streets and between Pine and
Elm Streets in said City and over and across Elm
Street in a southeasterly direction. Also two switch
tracks to the transfer platform of said terminal
over and across Elm Street in said City and a right
of way to build, maintain and operate such other
additional tracks as may be required to increase
team track or freight house facilities at said freight
terminal, over and across the alley in the block
between said Third and Fourth Streets and between
Pine and Elm Streets and over and across Elm
Street between Third and Fourth Streets in said
City.
23-922. Specifications of City Engineer; paved
streets. ~2. Said tracks to be built and constructed
across said streets in accordance with the plans and
specifications of the City Engineer and the Street
and Alley Committee relating to railroad crossings
on paved streets in said City.
ORDINANCE NO. 2196.
(Published in Salina Daily Union, July 30, 1918.)
23-923. Right of way across Ninth Street and
along North Street. ~1. That the right of way be,
and the same is hereby granted to the Union Pacific
Railroad Company, its successors and assigns, to
build, maintain and operate two switch tracks and
to run its trains, engines and cars thereon, across
Ninth Street in the City of Salina, Kansas, between
its present tracks as the same now cross Ninth
Street, and a point where North Street intersects
said Ninth Street, and to build, maintain, operate
and extend one of such tracks along and across the
north side of North Street, at or east of its inter-
section with Seventh Street, to connect with the
present McPherson Branch switch.
23-924. Specifications of City Engineer; paved
street. ~2. Said switch tracks to be built and con-
structed in accordance with the plans and specifica-
tions of the City Engineer and the Street and Alley
Committee of the City of Salina, Kansas, relating
to railroad crossings on paved streets in said City.
ORDINANCE NO. 2197.
(Published in Salina Daily Union, July 20, 1919.)
23-925. Right of way across Ninth Street and
along North Street. ~1. That the right of way be
and the same is hereby granted to the Union Paci-
fic Railroad Company, its successors and assigns,
to build, maintain and operate a switch track and
"""
.
Ch. 23, Art. 9
RAILROAD RIGHTS of WAY
267
to run its trains, engines and cars thereon across
Ninth Street in the City of Salina, Kansas, between
its present tracks as the same now cross Ninth and
a point where North Street intersects with Ninth
Street in said City and to build, maintain and oper-
ate said switch track and run its engines and cars
thereon across Seventh Street approximately 20 feet
north of the intersection of North Street with said
Seventh Street and along, upon and across the north
20 feet of North Street in said City, east of Sev-
enth Street and between Santa Fe Avenue and
across Santa Fe Avenue in said City at a point
beginning about 20 feet south of the north line of
said North Street in said City to connect with the
present Union Pacific-McPherson Branch track, ap-
proximately 75 feet east of said Santa Fe Avenue
and to run its engines, trains and cars thereon.
23-926. Specifications of City Engineer; paved
streets. ~2. Said switch tracks to be built and
constructed in accordance with the plans and speci-
fications of the City Engineer and the Street and
Alley Committee of the City of Salina, Kansas, re-
lating to railroad crossings, on paved streets in said
City.
.
ORDINANCE NO. 2293.
(Published in Salina Evening Journal, October 25,
1919.)
23-927. Right of way in Fourth Street; Eberhardt
Switch to Walnut Street. ~1. That the right of
way be and the same is hereby granted to the Union
Pacific Railroad Company to construct, maintain
and operate single railroad track and run its en-
gines, cars and trains thereon from a point where
the present Eberhardt switch terminates, the same
being a point 250 feet north of Walnut Street, due
south and along and upon the parking adjacent to
Fourth Street in said City on the west side of said
street to the north line of Walnut Street in said
City.
23-928. Conditions. ~2. Said right of way is
granted to said Railroad Company subject to all the
conditions, specifications and regulations mentioned
and set forth in Ordinance No. 342 of said City of
Salina. (See Secs. 23-801 to 23-809).
ORDINANCE NO. 2300.
(Published in Salina Evening Journal, December 6,
1919.)
23-929. Joint right of way, Union Pacific and
Santa Fe; along north across Santa Fe Avenue from
Union Pacific switch track at Robinson Mill to Santa
Fe Track No.4, at Shellabarger Mill. ~1. That the
.
right of way be and the same is hereby granted
to the Union Pacific Railroad Company and The
Atchison, Topeka and Santa Fe Railroad Company,
their successors and assigns, to build, maintain and
operate jointly a switch track and to run their trains,
engines and cars thereon, along North Street and
across Santa Fe A venue in the City of Salina,
Kansas, between the present Union Pacific switch
track of The Robinson Milling Company and The
Atchison, Topeka and Santa Fe switch track No.4
for the Shellabarger Milling Company. Said switch
to be so constructed to be connected with the Union
Pacific switch for The Robinson Milling Company
at a point approximately 77 feet west of the west
line of Santa Fe Avenue and to be connected with
The Atchison, Topeka and Santa Fe Railroad switch
track No. 4 at a point approximately 100 feet east
of the east line of Santa Fe Avenue.
23-930. Specifications of City Engineer; paved
streets. ~2. Said switch track to be built and con-
structed in accordance with the plans and specifica-
tions of the City Engineer and the Street and Alley
Committee of the City of Salina, Kansas, relative to
the railroad crossings on paved streets in the City
of Salina.
ORDINANCE NO. 2502.
(Published in Salina Evening Journal, June 3, 1922.)
23-931. Right of way from Fourth Street north
of Ash, across Fourth Street, alleys, and Fifth Street
to Santa Fe Avenue. ~1. That the right of way
be and the same is hereby granted to the Union
Pacific Railroad Company, its successors and as-
signs to build, maintain and operate a switch track
and to run its trains, engines and cars thereon from
a connection with its railroad on Fourth Street north
of Ash Street, in a northwesterly and westerly di-
rection, over and across Fourth Street, over and
across the alleys between Fourth and Fifth Streets
and over and across Fifth Street, to the east line
of Santa Fe A venue in said City of Salina.
23-932. Conditions. ~2. Said right of way is
granted to said Railroad Company subject to all the
conditions, specifications and regulations mentioned
and set forth in Ordinance Number 1941 of the City
of Salina, Kansas. (See Secs. 26-401 to 26-405).
23-933. Substitute for Ordinance No. 1171. ~3.
This ordinance is passed as a substitute for and to
correct Ordinance Number 1171, passed and ap-
proved, January 19th, 19{)3, granting the aforesaid
right of way to the Union Pacific Railway Company.
268
RAILROAD RIGHTS ofW AY
,Ch:.23,: Art... 9
... OEDINANCE.NO. 2584., .,'"
(Published in Salina Evening :Jourriitl,Sepfember9,
1922J )
23-934. Right of way 1t-cross Ninth, Eighth and
Seventh Streets, north of Robinson Milling .Com-
pany. Sl. That a right of way be and..thes.ame
is hereby granted to the. Union Pacific Eailroad
Company, its successors and assigns to construct,
maintain !lnd operate a . spur track across Ninth,
Eighth and Seventh Streets in the City of Salina,
Kansas, said track to commence at the east line of
Ninth Street and extend. in an. easterly. direction
along the north side of the EobinsonMilling Com~
pany's mill.
23-935. Specifications of City Engineer; paved
streets. S2. Said spur track shall be built and con-
structed-inaccordance with the plans andspecifica"
tions of the City Engineer of the City of Salimi,
relating to railroad crossings on paved streets in
said City.
ORDINANCE NO. 2842.
(Published in Salina Evening Journal, August 30,
1923.)
23-936. Right of way, cross over track from Mc-
Pherson Branch to Rock Island track, in Fourth
Street between Pine and Elm. Sl. Union Pacific
Railroad Company is hereby granted the right to
construct and it and its successors and assigns the
right to maintain and operate a cross over track
from the present main track of the McPherson
Branch of said Railroad Company, as now con-
structed, to the track of the Chicago, Rock Island
and Pacific Railway Company, as now constructed
on Fourth Street, and which cross over track shall
be located on Fourth Street between Pine Street and
Elm Street.
23-937. Conditions. S2. Said cross over track
shall be constructed, maintained and operated in
accordance with the laws of the State of Kansas,
and the ordinances of the City of Salina.
ORDINANCE NO. 2867.
(Published in Salina Evening Journal, October 24,
1923.)
23-938. Right of way across Elm Street between
Third and Fourth Streets. Sl. Union Pacific Rail-
road Company is hereby granted the right to con-
struct, and it and its successors and assigns the
right to maintain and operate a standard gauge
railroad track over and across Elm Street in the
City of Salina, Kansas, in a location described as
follows: Beginning on the south line of Lot No; 48 at
a point approximately 40 feet west from the south-
east corner thereof, said lot being on the north side
of. . Elm:: Stre.et ,be.t.ween Thirg Ilnd ,F.ourth: Streets,
thence .'running:: ina:s.butheasterly direction across
Elm.Street, ,t.o.an' .intersection with the . north Jine
of Lot No. 5.0, on. th.e.. sQQth, side of., said street ,at a
point approximately,30 feet west from the northeast
corner of. said Lot No. 50, provided.howev.er.. that
no,switchp.ointsconstructed or used in. c,onnection
wit.h any other., track ..shalL be placed in said Elm
Street or at, anypoint.'b.et\"een..the.north and . south
lines of said street, .and in. case the switch frog .is
placed. in said Elm Street, it shall.be. Mocked so as
to m,ak-e it s!lfe in the. use of the said street.,
23-939. Crossings; paving. S2. Said railroad
track and the paving and street crossings affected
thereby shall be constructed; maintained and oper-
ated in accordance with the laws of the State of
Kansas and the 'ordinances of the City of Salina;
now in force or hereafter adopted.
ORDINANCE NO. 2870.
(Published in Salina Daily Union, October 13, 1923.)
23-940. Right of way across Third and Elm
Streets and along alley from Elm to Ash. SL Union
Pacific Railroad Company is hereby granted the
right to construct and it and its successors and as~
signs the right to maintain and operate a standard
gauge railroad track over and across Third Street
alld Elm' Street and through' the alley in the block
bounded by Second, Ash, Third and Elm Streets in
the City of Salina, in a location described as fol-
lows; Beginning at a point in the east line of Lot
46 on Third Street; thence in a southeasterly'di~
rection across Third Street the intersection' of Third
and Elm Streets and across Elm Street to a point
in the south line of Elm Street which is located in
the north line of Lot 49 on Third Street, also through
a portion of the alley in the block bounded by Sec-
ond, Ash, Third and Elm Streets from the south line
of Elm Street to the north line' of Ash Street, the
center line of said track to be 1 % feet west of the
west line of said alley, provided that the top of
ties of said track shall not extend above the surface
of the alley.
23-941. Conditions. S2. Said railroad track shall
be constructed, maintained and operated in accor-
dance with the laws of the State of Kansas, and the
ordinances of the City of Salina, now in force or
hereafter enacted.
ORDINANCE NO. 2950.
(Published in Salina Evening Journal, March 8,
1924.)
23-942. Right of way acroSs Fourth Street, Fifth
Street and alleys between Pine and Elm to Santa Fe
Avenue. SL Union Pacific Railroad Company is
--
.
.
.
q~; ,2.3, Art. 9
RAILROAD RIGHTS of WAY
269
~er~bYc:grl!-n~eg ;th!i!r:ight. to construct and it ang its
ll~~essor~:~nd' .assigns. the. righ~, tqll1aintain and
operat!i! ~,stan4ard ga!lg~ railroad track over an!i
across~FourtlL Street 'and Fifth Street and across
the, all.ey, in the block bounded by Fourth, Elm, Fifth
and Pine Streets and across the alley in the block
bounded by Fifth,. Elm, Santa Fe and Pine Streets
in the City of Salina, in a location described as fol-
lows: Extending in a curved line from a connec-
tion with its present track in Fourth Street, at a
point opposite Lot 32 on Fourth Street, southwes-
terlyacrossFourth Street to a point in the east
line of Lot 38 on Fourth Street; across the alley
between Fourth and Fifth Streets at a point be-
tween Lots 44 on Fourth Street and 43 on Fifth
Street; across Fifth Street at a point approximately
100 feet north of the north line of Elm Street and
continuing west in a straight line parallel with the
north line of Elm Street across the alley between
Fifth Street and Santa Fe Avenue to a point in the
east line of Santa Fe Avenue.
23-943. Conditions. ~2. Said railroad track shall
be constructed, maintained and operated in accor-
dance with the laws of the State of Kansas and the
ordinances of the City of Salina now in force or
hereafter enacted.
ORDINANCE NO. 3120.
(Published in the Salina Evening Journal, June 20,
1925.)
23-944. ~1. Union Pacific Railroad Company is
hereby granted the right to construct, and it and its
successors and assigns the right to maintain and
operate a standard gauge railroad track over and
across the unnamed street between Blocks 5 and 6
in Depot Addition; over and across the alley ex-
tending in an easterly and westerly direction through
said Block 5 in Depot Addition, and upon and along
the alley extending in a northerly and southerly di-
rection through the location shown on the blue print
attached to this ordinance and made a part thereof,
and described as follows, to-wit:
Commencing at a point on the north line of said
Block Six (6) in Depot Addition, which is approxi-
mately one hundred five (105) feet distant east of
the east line of Tenth Street and running thence
northerly across the unnamed street between said
blocks Five (5) and six (6) and across Lots Seven-
teen (17) and Eighteen (18) in said Block Five (5)
to a point one hundred eighteen and five tenths
(118.5) feet distant west, at right angles, from the
east line of said Block Five (5); running thence
north on a straght line, parallel with said east line
of Block Five (5) across said Lot Seventeen (17),
Qv~r . anp' across the alley extending in .lJ.neasterly
and westerly direction through .saidBlqckE'tve. Hi)
and upon and along thellJley e~tend.i~g in a nOI:therly
and southerly direction thr(}ugl1 said Block rive (5)
to a point in the north line, extended, of said. Block
Five (5).
23-945. ~2. That in consideration of the rights
granted to said railroad company, its successors and
assigns by Section One (1) of this ordinance, said
railroad company, its successors and assigns shall
construct and maintain sui,table crossings over said
tracks at all street and alley crossings and proper
culverts and waterways along or under said tracks
wherever and whenever required by the Board of
Commissioners of the City of Salina; said tracks
and crossings shall be constructed and maintained
at the established grades of such street and alley,
and such street or alley crossings shall be properly
planked within the rails and to the end of the ties
outside of such rails; the crossing of said street
to be maintained and planked to the satisfaction of
the Board of Commissioners for width of not less
than 30 feet and, whenever the Board of Commis-
sioners shall so direct, for the full width of such
street. Whenever said street or alleys, or either
of them shall be paved said company, its successors
and assigns shall pave between said rails and to
the end of the ties outside of said rails with the
same material with which the street or alley is
paved and, whenever any sidewalks shall be con-
structed along said street, shall construct and main-
tain proper sidewalks across said tracks in such
manner as the Board of Commissioners may direct.
Such crossings, pavement and sidewalks to be main-
tained by said company, its' successors or assigns,
to the satisfaction of the Board of Commissioners.
23-946. ~3. That the use of the right herein
granted and the construction by said company of its
tracks across and along said street and alleys shall
be deemed an acceptance of this ordinance by said
company, its successors and assigns.
ORDINANCE NO. 3134.
(Published in the Salina Evening Journal, July 30,
1925.)
23-947. ~1. Union Pacific Railroad Company is
hereby granted the right to construct, and it and
its successors and assigns the right to maintain and
operate a standard gauge railroad track in Fourth
Street in the City of Salina, Kansas, in a location
described as follows:
Beginning at a switch connecting said track with
the main line track of the McPherson Branch of
270
RAILROAD RIGHTS of WAY
Ch. 23, Art. 9
Union Pacific Railroad Company, at a point 282
feet south of the south line of Elm Street, thence
northerly in Fourth Street parallel with and fifteen
(15) feet distance easterly from the center of the
main line track of the McPherson Branch of Union
Pacific Railroad Company across the intersection of
Elm and Fourth Streets, thence northerly in Fourth
Street, curving eastwardly to a point approximately
twenty (20) feet north of the south line of lot thirty-
seven (37), on Fourth Street in said City of Salina,
Kansas.
23-948. ~2. Said railroad tracks and the paving,
street crossings and drains now or hereafter affected
thereby shall be constructed, maintained and oper-
ated at a grade to be fixed and approved by the
City Engineer and in accordance with the laws of
the State of Kansas and the ordinances of the City
of Salina now in force or hereafter adopted; it being
a condition of this grant, which is accepted by said
Union Pacific Railroad Company, its successors or
assigns, that all such paving, street crossings and
drains affected by such construction shall be replaced
or constructed in accordance with the directions and
subject to the approval of the City Engineer of the
City of Salina, at the expense of said Company, and
any paving or drains hereafter constructed in the
streets above mentioned, between the rails of said
track and eighteen (18) inches outside of said rails
shall be paid for by said Company, its successors or
assigns.
ORDINANCE NO. 3307.
(Published in the Salina Journal, November 4, 1926.)
23-949. Whereas, the alley running north and
south between Santa Fe Avenue and Fifth Street
north of Elm Street, in the City of Salina, Kansas,
was vacated by action heretofore duly taken by the
Mayor and Councilmen of said City, by ordinance
No. 1660, passed and approved June 17th, 1912; and
Whereas, in the opinion of the Board of Commis-
sioners of said City it is necessary that said alley,
ten feet in width, be reopened with the limits here-
inafter defined; and
Whereas, no permanent improvements have been
erected on said portion of said alley, since its vaca-
tion as aforesaid; now therefore
Be It Ordained by the Board of Commissioners
of the City of Salina, Kansas:
23-950. ~1. That the south 170.5 feet of the North
and South alley, ten feet in width, lying between
Santa Fe Avenue and Fifth Street, and running
north from Elm Street, in the City of Salina, Kan-
sas, the same having been vacated by the provisions
of Ordinance. No. 1660 of said city, be and the same
is hereby reopened for use as a public alley of said
City, the portion of said alley so reopened lying in
the rear of and adjacent to lots 4S., 45, 47 and the
south 20.5 feet of lot 41 on Santa Fe Avenue and
lots 44, 46, 48 and the south 20.5 feet of lot 42 on
Fifth Street in said City, according to the original
plat thereof.
23-951. ~2. That a right of way be, and the same
is hereby granted to the Union Pacific Railroad Com-
pany, its successors and assigns, to maintain and
operate the existing railroad tracks now extending
across said alley, and to run its trains, engines and
cars thereon.
23-952. ~3. That the right is hereby granted to
said Union Pacific Railroad Company, its successors
and assigns, to construct, maintain and operate such
additional railroad tracks on or across the alley
hereby reopened as may be required for the con-
venience or the purposes of said railroad company
in such a manner as not to unreasonably interfere
with the use of the described premises for the pur-
poses of a public alley.
23-953. ~4. This ordinance when enacted shall
operate as a contract between said railroad company,
and said city.
ORDINANCE NO. 3556.
(Published in The Salina Journal, June 27, 1928.)
23-954. Right of way across Elm Street and along
west side of Third Street. Subject to the conditions
contained in this ordinance, Union Pacific Railroad
Company is hereby granted the right to construct,
and it and its successors and assigns the right to
maintain and operate a standard gauge railroad
track over and across Elm Street and along the
west side of Third Street just immediately south of
the intersection of Elm and Third Streets in the
City of Salina, the center line of said track being
described as follows:
Beginning at a point in the east line of Lot 48, on
Third Street, Salina, Kansas, thence in a southerly
direction on a 15 degrees curve to the right and
tangent produced along west side of Third Street
and across Elm Street to a point on the south line
of Elm Street 2.1 feet easterly from the northwest
corper of Lot 50 on said Third Street; thence south
and parallel with the west line of Third Street and
2.1 feet distant therefrom a distance of 210 feet
more or less to end of track.
23-955. Conditions. ~2. Said railroad tracks
shall be constructed, maintained and operated in ac-
-,
.
Ch. 23, Art. 9
RAILROAD RIGHTS of WAY
271
cordance with the laws of the State of Kansas and
the ordinances of the City of Salina now in force
or hereafter enacted, and all paving, sidewalks,
crossings and drainage, crossed or affected I;ly such
track, or which, as now existing or hereafter pro-
vided for, cross or affect such track, shall be con-
structed, reconstructed and maintained by said gran-
tee, its successors and assigns in such manner as
may be required by the governing body of said city.
Upon failure to comply with any such requirements,
the city may at the expense of the grantee, its suc-
cessors and assigns, proceed to do any such work
as may have been required hereunder.
23-956. Acceptance of Conditions. S3.. The exer-
cise of any cf the privileges herein granted, shall
constitute an acceptance by the grantee, its succes-
sors and assigns of all of the conditions of this
ordinance.
.
ORDINANCE NO. 8588.
(Published in The Salina Journal, Aug. 11, 1928.:'
23-957. Right of way across North Street between
Ninth Street and Eleventh Street; also through
Depot Addition. S1. Union Pacific Railroad Com-
pany is hereby granted the right to construct, an~
it and its successors and assigns the right to main-
tain and operate four standard gauge railroad tracks
over and across North Street, as established by
Ordinance No. 3499, dated January 28, 1928, between
Ninth Street and Eleventh Street, and one standard
gauge railroad track over and across the alley ex-
tending in an easterly and westerly direction through
Block 5 in Depot Addition and upon and along the
alley extending in a northerly and southerly direc-
tion through said Block 5, the center lines of such
track being along courses described as follows, to-
wit:
Track No.1. Commencing at a point on the south
line of North Street approximately 144 feet wes-
terly from the west line of Ninth Street, when meas-
ured along said south line of Ninth Street; thence
in a northerly direction, curving to the left to a
point on the north line of said North Street ap-
proximately 122 feet west of said west line of Ninth
Street, when measured along said north line of
North Street.
Also, commencing on the north line of Lot No. 17,
in Block 5, of Depot Addition and running thence
north on a straight line parallel with and approxi-
mately 118.5 feet west, at right angles, from the
east line of said Block 5 over and across the alley
extending in an easterly and westerly direction
.
through said Block 5, and upon and -along the alley
extending in a northerly and southerly direction
through said Block 5 to a point in the north line,
extended, of said Block 5.
Track No.2. Commencing at a point on the south
line of North Street approximately 166 feet wes-
terly from the west line of Ninth Street when meas-
ured along said south line of North Street, thence
in a northerly direction, curving to the left, to a
point on the north line of said North Street ap-
proximately 137 feet westerly from said west line
of Ninth Street, when measured along said north
line of North Street.
Track No.3. Commencing at a point on the south
line of North Street approximately 497 feet westerly
from the west line of Ninth Street, when measured
along said south line of North Street; thence in a
northerly direction, curving to the left, to a point
on the north line of said North Street approximately
472 feet westerly from said west line of Ninth
Street, when measured alon~ said north line of North
Street.
Track No.4. Commencing at a point on the south
line of North Street approximately 517 feet westerly
from the west line of Ninth Street, when measured
along said south line of North Street, thence in a
northerly direction, curving to the left, to a point
on the north line of said North Street approximately
488 feet westerly from said west line of Ninth
Street, when measured along said north line of
North Street.
23-958. Conditions. S2. Said railroad tracks
shall be constructed, maintained and operated in ac-
cordance with the laws of the State of Kansas and
the ordinances of the City of Salina now in force
or hereafter enacted, and all paving, sidewalks,
crossings and drainage, crossed or affected by such
track, or which, as now existing or hereafter pro-
vided for, cross or affect such track. shall be con-
structed, reconstructed and maintained by said gran-
tee, its successors and assigns, in such manner as
may be required by the governing body of said city.
Upon failure to comply with any such requirements,
the city may at the expense of the grantee, its suc-
cessors and assigns, proceed to do any such work
as may have been required hereunder.
23-959. Acceptance of Conditions. S3. The exer-
cise of any of the privileges herein granted, shall
constitute an acceptance by the grantee, its succes-
sors and assigns of all of the conditions of this
ordinance.
272
~AILIWAD RIGHTSo.f W A.Y
,Ch. .23,. Art.. 9
ORDINANCE NO. 3589. cOl:!stitut~iIn .acceptance by the grantee, itssuccell-
(Published in The Salina Jo.'ur~al, Aug. 11 19.28") sQrs and assigns Qfallof tbe. conditions of this
" ,. ." . ordinance. "
23-960. Right to extend Weber Mill Spur .el\st in
North Street and across Ninth Street. ~1. Union
Pacific Railroad Company is hereby granted the
right to extend Weber Mill spur east thirty (30)
feet in North Street and west across Ninth Street
in the City of Salina, Kansas, the location of the
proposed extension being more particularly described
as follows:
Commencing at a point in the east line of Ninth
Street produced north twenty-one and five tenths
(21.5) feet northerly from the southeast corner of
Ninth and North Streets in Salina, Kansas; thence
westerly across Ninth Street parallel with the pres-
ent spur track known as Weber Mill spur track No.
1, and thirteen (13) feet distant northerly therefrom
to the west line of Ninth Street; thence westerly
on Union Pacific property a distance of two hun-
dred and forty (240) feet more or less to a connec-
tion with the present Weber Mill spur track No. 1.
Also commencing at the east end of the present
Weber Mill spur track No.2 as now located in North
Street opposite center of Lot No. 2 on Seventh
Street in original town of Salina; thence east in
North Street a distance of thirty (30) feet parallel
with present Weber spur No.1 and thirteen (13)
feet distant therefrom, as shown on print K. D.
8746, dated June 18, 1928.
23-961. Conditions. ~2. Said railroad tracks
shall be constructed, maintained and operated in ac-
cordance with the laws of the State of Kansas and
the ordinances of the City of Salina now in force
or hereafter enacted, and all paving, sidewalks,
crossings and drainage, crossed or affected by such
track, or which, as now existing or hereafter pro-
vided for, cross or affect such track, shall be con-
structed, reconstructed and maintained by said gran-
tee, its successors and assigns, in such manner as
may be required by the governing body of said city.
Upon failure to comply with any such requirements,
the city may at the expense of the grantee, its suc-
cessors and assigns, proceed to do any such work
as may have been required hereunder.
23-962. Acceptance of Conditions. ~3. The exer-
cise of any of the privileges herein granted, shall
ORDINANCE NO~ 3679.
(Published in The Salina Journal, March 13, 1929.)
23-963. Right to extend eXisting track along
Fourth Street, between Iron Avenue and Walnut
Street. ~1. Union Pacific Railroad Company is
hereby granted the right to extend, reconstruct and
relocate, and it and its successors and. assigns are
hereby granted the right to maintain and. operate,
the present existing switch track, or spur, over,
across and along Fourth Street in the City of Salina
between Iron Avenue and Walnut Street, connect-
ing with the main track of its McPherson Branch
right of way, in accordance with the blue print or
drawing showing such proposed extension and re-
location which is attached hereto and marked Ex-
hibit "A" and made a part of this ordinance by
reference, said drawing being dated June 16th, 1926,
and being referred to as "Drawing K. D. 7840".
23-964. Conditions. ~2. Said railroad tracks as
constructed or reconstructed in Fourth Street, in-
cluding that part of Fourth Street now used as such
by the City of Salina under a certain lease agree-
ment between said city and said Union Pacific Rail-
road Company, shall be constructed, maintained and
operated in accordance with the laws of the State
of Kansas, and the ordinances of the City of Salina
now in force or hereinafter enacted, and all paving,
sidewalks, crossings and drainage, crossed or af-
fected by such track or tracks, or which as now
existing or hereafter provided for, cross or affect
such track, shall be constructed, reconstructed and
maintained by said grantee, its successors and as-
signs, in such manner as may be required by the
governing body of said city and upon failure to
comply with any such requirements, the City may
at the expense of the grantee, its successors and as-
signs proceed to do any such work as may have
been or may be required hereunder.
23-965. Acceptance of Conditions. ~3. The exer-
cise by said grantee of any of the provisions herein
granted shall constitute an acceptance by the gran-
tee, its successors and assigns, of all of the condi-
tions of this ordinance.
I
f
,
.
.
Ch. 23, Art. 10
RAILROAD RIGHTS of WAY
273
ARTICLE 10.-0rdinances and Contracts with Rail-
roads Relating to Union Station.
23-1001. Appropriation of land for Union Station
purposes. Ordinance No. 1703 passed March 17th,
1913, declares the necessity of providing rights of
way lor certain lailway companies into, through and
out of, and a site for, the Union Station to be built
in the City of Salina and authorizes the taking and
condemning of certain real estate in said ordinance
descnbed, together with such additional real estate
as the Mayor and Council may thereafter designate
for such purposes, and provides for the appointment
of appraisers for the purpose of ascertaining the
damages sustained by the owners of said real estate.
By resolution adopted by the Mayor and Council
on April 21st, 1913, certain other real estate was
determined to be necessary to be taken for the pur-
poses mentioned in Ordinance No. 1703, the descrip-
tion thereof being set out in full in such resolu-
tion which is of record in the journal of the pro-
ceedings of the Council of the date last mentioned.
23-1002. Contract between the Missouri Pacific
Railway Company and the City of Salina. Ordinance
No. 1768 passed by the Mayor and Council on June
1st, 1914, constitutes a contract between the Mis-
souri Pacific Railway Company and the City of
Salina by which it is provided that the railway com-
pany shall conveyor cause to be conveyed to the
City certain real estate therein described (subse-
quently used for street purposes and opened as
Bishop Street) in consideration of which the City
agreed to conveyor cause to be conveyed to the
Missouri Pacific Railway Company certain real
estate in said ordinance described and by which
was purchased by the City and conveyed to the
Missouri Pacific Railway Company for the con-
struction, operation, etc., of the company's rail-
road tracks over and across the following streets
mentioned in said ordinance. It being further
provided that such agreement shall become ef-
fective on June 10th, 1914, and continue in full
force and effect so long as the company, its les-
sees, successors or legal assigns shall operate any
railroad into the City of Salina. Ordinance No.
1772 passed June 15th, 1914, consists of a supple-
mental agreement supplementing the contract set
out in Ordinance No. 1768 correcting a mistake con-
tained in such original contract.
23-1003. Appropriation for payment of land.
Ordinance No. 1802 passed November 16th, 1914,
provides an appropriation of $4,906.80 for the pay-
ment of certain real estate purchased from the
Chicago, Rock Island & Pacific Railway Company,
.
being a part of the real estate described in Ordi-
nance No. 1768 and which it granted the right of
way to said railway company for Pacific Railway
Company.
23-1004. Contract between the Chicago, Rock
Island and Pacific V-ailway Company, the Missouri
Pacific Railway Company and the City of Salina.
Ordinance No. 1769 passed June 1st, 1914, consti-
tutes a contract between the two railway companies
mentioned and the City of Salina by which the City
agrees to provide for such two railway companies
certain rights of way necessary to permit such com-
panies to properly serve the Union Passenger Sta-
tion and the City agrees to conveyor cause to be
conveyed to said two companies, each an undivided
one-half interest in and to certain real estate therein
described, such contract to become effective on June
10th, 1914, and continue in full force and effect
as long as either of said companies, their lessees,
successors or legal assigns shall operate any rail-
road into the City of Salina.
23-1005. Authorizing conveyance of land to Mis-
souri Pacific Railway Company. Ordinance No. 1815
passed January 18th, 1915, authorizes the Mayor
and City Clerk to execute and deliver to the Mis-
souri Pacific Railway Company a deed to certain
real estate described in Ordinance No. 1768 and an
undivided one-half interest in and to the real estate
described in Ordinance No. 1769.
23-1006. Authorizing conveyance of land to the
Chicago, Rock Island & Pacific Railway Company.
Ordinance No. "1814 passed January 18th, 1915,
authorizes the Mayor and City Clerk to execute and
deliver to the Chicago, Rock Island & Pacific Rail-
way Company a deed to an undivided one-half inter
est in certain real estate described in Ordinance No.
1769.
23-1007. Appropriation for payment. Ordinance
No. 1807 provides for an appropriation of $1,500.00
for the payment to F. L. Weaver for certain real
estate purchased by the City for the use of the Mis-
souri Pacific Railway Company as authorized by
Ordinance No. 1768.
23-1008. Appropriation for payment. Ordinance
No. 1841 provides for an appropriation of $564.60
for the payment to the Atchison, Topeka & Santa
Fe Railway Company for certain real estate pur-
chased from said company for the use of the Mis-
souri Pacific Railway Company.
23-1009. Authorizing conveyances to Union Paci-
fic Railway Company, Atchison, Topeka & Santa Fe
Railway Company, Chicago, Rock Island & Pacific
.
274
RAILROAD RIGHTS of WAY
Ch. 23, Art. 10
Railway Company and Missouri Pacific Railway
Company. Ordinance No. 1899, passed and approved
October 18th, 1915, provides for the execution and
delivery on behalf of the City of quit claim deeds
conveying to each of the following grantees, to-wit:
the Union Pacific Railway Company, Atchison, To-
peka & Santa Fe Railway Company, Chicago, Rock
Island & Pacific Railway Company and the Missouri
Pacific Railway Company each an undivided one-
fourth interest in and to certain real estate de-
scribed in said ordinance for the purpose of furnish-
ing said companies with rights of way necessary
to permit said companies to properly serve the
Union Passenger Depot in said City and such ordi-
nance provided that said deeds should be delivered
upon the completion and opening of 12th Street
from Bishop Street to North Street.
23-1010. Authorizing conveyance to Missouri Paci-
fic Railway Company and Chicago, Rock Island &
Pacific Railway Company. Ordinance No. 1935
passed and approved April 17, 1916, provides for
the execution and delivery of a quit claim deed on
behalf of the City to the Missouri Pacific Railway
Company and the Chicago, Rock Island & Pacific
Railway Company, conveying to each an undivided
one-half interest in and to said real estate in said
ordinance described.
-
.
.
Ch.23, Art. 11
HATLROAlfRICHTS Jf WAY
275
ARTICLE 11.-Street. Lights at Railroad Crossings.
ORDINANCE NO. 4027.
(Published in The Sa-lina Journal, March 7, 19In.)
An Ordinance requiring certain railway companies
to light certain streets in the City of Salina; pro-
viding that the cost thereof shall be a lien upon the
property and franchises of such companies and for
the assessment and taxation of such cost against
such property and franchises, and repealing ordi-
nance No .3995.
Be It Ordained by the Board of Commissioners of
the City of Salina, Kansas:
23-1101. Railway Companies required to light
certain streets. 91. That the Board of Commission-
ers of the City of Salina, Kansas, deem it necessary
that the streets and street intersections in the City
of Salina as specifically mentioned in the following
sections of this ordinance, over, along and across
which the railway lines and tracks owned and!or
operated by railway companies, be lighted, and that
such railway companies be required to adequately
light the same in accordance with the provisions and
authority contained in Section 13-904 of the Revised
Statutes of Kansas 1923.
23-1102. Same; streets designated. 92. That the
following named Railway companies shall install and
maintain, or where this is an existing light at the
street intersection or at the point hereinafter desig-
nated on any street, such railroad companies shall
maintain, street lights sufficient to adequately light
SllCh street intersections, at the following points
where the railway lines or tracks of such companies
run ever, along or across such streets, to-wit:
Santa Fe Avenue and the main line of the Union
Pacific Railroad, to be installed and! or maintained
by the Union Pacific Railroad Company;
Santa Fe Avenue and North Street to be installed
and/or maintained jointly by the Union Pacific Rail-
road Company and the Atchisan, Topeka & Santa
Fe Railroad Company;
Third and Elm Street, to be installed or main-
tained by the Union Pacific Railroad Company;
Fourth and Elm Streets, to be installed and/or
maintained by the Union Pacific Railroad Company;
Seventh and North Streets, to be installed and! or
maintained by the Union Pacific Railroad Company
(one-half of cost of maintenance to be paid by the
City of Salina);
Ninth Street and the main line of the Union Paci-
fic Railroad Company, to be installed and! or main-
tained by the Union Pacific Railroad Company;
Fourth and Ash Streets, to be installed and!or
maintained by the Union Pacific Railroad Company;
.
Fourth Street, 150 feet south of Iron A venue, to
be installeu and/or maintained by the Union Pacific
Railroad Company;
Fifth and North Streets, to be installed and/or
maintaineu jointly by the Union Pacific Railroad
Company and the Atchison, Topeka & Santa Fe
Hailroad Company (one-third of the cost of main-
tenance to be paid by the City of Salina);
1''; orth and Fourth Streets, to be installed and/or
maintained jointly by the Union Pacific Railroad
Company, and the Atchison, Topeka & Santa Fe
Railroad Company;
Ohio Street and the main line of the Union Pacific
Railroad Company, to be installed and/or maintained
by the Union Pacific Railroad Company;
Seventh Street, midway between the main line
tracks of the Atchison, Topeka & Santa Fe Railroad
Company, and The Chicago, Rock Island & Pacific
Hailroad Company, to be installed and! or maintained
jointly by such companies;
Ninth Stl'eet, midway between the main line
tracks of the Atchison, Topeka & Santa Fe Rail-
road CompanJ' and The Chicago, Rock Island & Paci-
fic Railroad Company, to be installed and! or main-
tained jointly by such companies;
Third and KOl'th Streets, to be installed and/or
maintained by the Chicago, Rock Island & Pacific
Railroad Company, (one-half of cost of mainten-
ance to be paid by the City of Salina);
Fifth Street, at the crossing of the tracks of the
Chicago, Rock Island & Pacific Railroad Company
between Pine and North Streets, to be installed
and/or maintained by said railroad company;
Santa Fe Avenue, between Pine and North Streets
to be installed and! or maintained by the Chicago,
Rock Island & Pacific Railroad Company;
One light at the intersection of each of the follow-
ing streets with the main line of the Missouri Paci-
fic Railroad Company, to-wit:
Elm Street; Park Street; Ash Street; State Street;
Crawford Avenue; Ohio Street; Second Street; Third
Street; Fifth Street (at Pine Street); Santa Fe
Avenue; Seventh Street and Ninth Street; such
lights to be installed and! or maintained by the Mis-
souri Pacific Railroad Company, with the exception
of the Ninth Street light to be maintained jointly
with the city.
Walnut Street and the main line of the Missouri
Pacific Railroad Company, to be installed and/or
maintained by said company, (one-half of the cost
of maintenance to be paid by the City of Salina);
North Street and Arthur Street, to be installed
and/or maintained by the Missouri Pacific Railroad
276
RAILROAD RIGHTS of WAY
Ch. 23, Art. 11
Company (one-half of the cost to be paid by the
City of Salina);
Front Street and the tracks of the Missouri Paci-
fic Railroad Company at Pine Street, to be installed
and/or maintained by said company (one-half of
cost of maintenance to be paid by the City of
Salina) ;
Eighth Street and the tracks of the Missouri Paci-
fic Railroad Company at Pine Street to be installed
and/or maintained by said company (one-half of the
cost of maintenance to be paid by the City of
Salina) ;
23-1103. Same; requirements. ~3. That the rail-
road companies mentioned in the preceding sections
of this ordinance be and they are hereby required
to light the streets and crossings above described,
at the points in the preceding sections described,
with adequate street lights of the same general kind
and character as those now used by the City in
lighting its street intersections, being arc lights of
the suspension type with capacity of not less than
four hundred candle power, except that if the Board
of Commissioners deem proper lights of a different
kind of less capacity may be installed and/or main-
tained at such points, provided that special permis-
sion for any such change shall be first secured from
the Board of Commissioners.
23-1104. Same; installation of lights. ~4. That
said railroad companies shall have the right to fur-
nish, install and maintain such lights themselves to
contract with any other person, firm or corporation
for such lighting, and to pay the cost and main-
tenance thereof direct to any such person, firm or
corporation, or may pay the cost of such installa-
tion and maintenance to the City of Salina, in which
event, upon the written agreement to any such rail-
road company to pay such cost, the City of Salina
shall install or cause the installation of such lights
and maintain the same as a part of its street light-
ing system and collect the cost of such installation
and maintenance from such railroad companies.
23-1105. Same; failure of companies to comply;
taxation of costs. ~5. If any of such railroad com-
panies shall fail, refuse or neglect to install and/or
maintain any of such lights as in this ordinance
required, the City of Salina may install and/or main-
tain the same or contract with any person, firm
or corporation for such installation and/or main-
tenance and the cost of such installation and/or
maintenance shall be charged against any such rail-
road company so failing, refusing or neglecting to
install and/or maintain the same and such cost shall
be a lien upon the property and franchises of any
such company and shall be taxed against the prop-
erty of such company in the same manner as other
taxes are levied.
23-1106. Same; Time lights required. ~6. All
lights required by this ordinance to be installed
and/or maintained by any such railroad companies
shall be kept burning at all times from sundown
on each day until sunrise on the following day, and
in any event during all hours on each day when
other street lights of the City of Salina are kept
burning.
23-1107.
of the City
repealed.
Repeal. ~7. That Ordinance No. 3995
of Salina be and the same is hereby
.
Ch. 24, Art. ]
SEWERS.-Regulations.
277
CHAPTER 24.-SEWERS.
(See 13-1013, 13-1029, G. S. 1935).
NOTE: For information relating to all Main
sewers, Lateral Sanitary sewers, and Storm sewers,
the location, sewer numbers, and references to ordi-
nances creating and designating the districts there-
to, see index file in office of City Engineer.
Article I.-Miscellaneous; Sewer Regulations and
Provisions.-24-101 to 24-105.
2.-Special Sewer Permits.-24-201 to 24-
208.
ARTICLE 1.-Miscellaneous-Sewer Regulations and
Provisions.
shall connect any pen, gutter, cess pool, privy vault
or cistern with any public sewer, or with any pri-
vate sewer connecting in any way with the public
sewers, and no person or corporation shall deposit
any garbage, offal, dead animals, filth or any sub-
stance having a tendency to obstruct the flow of
sewerage and drainage, or damage by breaking any
manhole, lamphole, flush tank, sewer connection or
opening. (~6, Ord. 1143, 7-21-02).
24-103. Violation of Section 24-302, penalty. That
any person, corporation or company who shall vio-
late any of the foregoing provisions of this ordi-
nance, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be fined in any
sum not exceeding One Hundred Dollars. (~9, Ord.
1143, 7-21-02).
(For other Sections see Plumbing Code, Streets,
Public Health, etc.)
.
24-101. City right to connect with private drains.
The City shall have the right at all times to connect
with and use any private drain built upon any pub-
lic street, alley or highway for draining the streets
or for any public purpose, and also to reconstruct
or to close up or disconnect from said City sewers
any drain constructed in violation of the provisions
of this ordinance, or which, from any cause, may
have become a nuisance. (~4, Ord. 1143, 7-21-02).
24-102. Not to connect cess pools with sewers;
damaging property, etc. No person or corporation
24-104. Sewage Disposal Plant. Ordinance No.
3312, 11-23-26, providing for the building and con-
struction of a system of disposal works. Ordinance
No. 3324, 1-10-27, authorizing and directing issu-
ance of general improvement bonds to pay costs or
construction.
24-105. Sewage Pumping Station, Eleventh and
Wilson. Ordinance No. 3568, 7-2-28, providing for
the construction of a pumping station on main sewer
"P" on Eleventh Street at Wilson.
.
.
Ch. 24, Art. 2
SEWERS.-Regulations.
ARTICLE 2.-Special Sewer Permits.
24-201. Union Pacific sewer in and across certain
streets. That Union Pacific Railroad Company is
hereby authorized and empowered to construct and
use a sewer from a point at or near the water tank
of said Uunion Pacific Railroad Company upon its
grounds, extending thence over and across its
grounds to the alley between Fourth and Fifth
Streets, thence south through said alley and across
Pacific Street, North Street and Pine Street to
connect with the public sewer in Pine Street. (91,
Ord. 1304, 4-30-06).
24-202. Right to excavate streets. Said Union
Pacific Railroad Company is hereby granted the
right to enter upon the streets and alleys of said
City of Salina and make any and all excavations
necessary for the construction of said sewer. (92,
Ord. 1304, 4-30-06).
.
24-203. Supervision of City Engineer. Said sewer
shall be constructed by said Union Pacific Railroad
Company under the supervision of the City Engineer
of said City. (93, Ord. 1304, 4-30-06).
.
24-204. Property owners' right to connect. Adja-
cent property owners may connect with said sewer
upon the same terms and conditions under which
they are now authorized to connect with public
sewers in said City. (94, Ord. 1304, 4-30-06).
24-205. Agreement between City and certain rail-
roads in re Elm Street Sewer. The action of the
Mayor and City Clerk of the City of Salina, Kansas,
in executing a certain agreement with The Kansas
& Colorado Pacific Railway Company and The Mis-
souri Pacific Railway Company, for and on behalf
of the City of Salina, on the 23rd day of June, 1909,
whereby th~ City of Salina, secured the right and
privilege of laying and maintaining a ten inch pipe
line for the purpose of conducting sewage under
and across the track and right of way of the said
.
railway companies, where the same crosses Elm
Street in the City of Salina, Kansas, is hereby rati-
fied, confirmed and approved and the terms and
stipulations of said agreement are hereby accepted
by the City of Salina, Kansas, to all intents and
purposes and as fully as if a special ordinance had
been passed directing the execution of such agree-
ment. (91, Ord. 1524, 10-18-09).
24-206. W m. Reimold authorized to construct
sewer in Eleventh Street. That William Reimold be
and he is hereby authorized to construct and use
an eight (8) inch sanitary sewer in Eleventh Street
from a point 40 feet south of Elm Street to Elm
Street in said City to connect with a branch of the
present public sewer running southwesterly from a
manhole in the intersection of Elm Street and Elev-
enth Street, such sewer to be laid and constructed
in all respects in conformity with the ordinances of
the City of Salina and in accordance with the di-
rections and under the supervision of the Superin-
tendent of Streets; such sewer to be laid in that
portion of the street now occupied by the parkway
therein. (91, Ord. 3165, 10-5-25).
24-207. Same; right to make excavations. Said
William Reimold is hereby granted the right to
enter upon the streets and alleys of said City and
make any and all excavations necessary for the con-
struction of said sewer. (92, Ord. 3165, 10-5-25).
24-208. Adjacent property owners may connect
to sewer; conditions. Adjacent or adjoining prop-
erty owners may connect with said sewer upon the
same terms and conditions under which they are
now authorized to connect with public sewers in
said City, upon payment to said William Reimold
of the proportionate cost of such original sewer
based upon the front footage which the lot so to be
connected bears to the entire front footage in said
block. (93, Ord. 3165, 10-5-25).
27D
.
.
.
Ch. 25~ Art. 1
SIDEW ALKS.-Regulating Construction.
281
CHAPTER 25.-S1DEW ALKS.
ARTICLE 1.-Regulating Construction.
25-101. Sidewalks constructed when ordered by
Board of Commissioners. That it shall be the duty
of the owner or owners of any lot or lots or of any
tract or parcel of land within the corporate limits
of the City of Salina to construct or lay down any
sidewalk or sidewalks along their said property as
may be ordered by resolution or ordinance of the
Board of Commissioners of the City of Salina made
in conformity to law, in accordance with the plans
and specifications hereinafter provided and within
thirty days from the publication of any resolution
or ordinance of said Board of Commissioners pro-
viding for the same unless a different time be in
such resolution or ordinance designated. (Sl, Ord.
2407, 10-3-21).
25-102. City may construct and assess costs. That
in event the owner or owners of such lot or lots or
parcels of land shall refuse or neglect to lay down
or construct such sidewalk or sidewalks within thirty
days from and after the publication of such resolu-
tion or ordinance, or within the time designated
therein, the Board of Commissioners of the City of
Salina shall proceed to construct or cause to be con-
structed, such sidewalk in accordance with the pro-
visions of law, and the cost thereof shall be assessed
against such lot or lots on which such sidewalk shall
abut and shall be certified by the City Clerk to the
County Clerk of Saline County, Kansas, to be col-
lected according to law. Provided, that after the
time designated in such resolution or ordinance for
the construction of such sidewalk by the owner or
owners of such lot or lots or parcels of ground,
then that such owner or owners shall not construct
or cause to be constructed any sidewalk without
first having received written authority therefor
from said Board of Commissioners. (S2, Ord. 2407,
10-3-21) .
25-103. Sidewalks, driveways, curb and gutters;
construction. That all sidewalks, driveways, curb-
ing and guttering hereafter constructed, recon-
structed or rebuilt in any of the streets or public
grounds of the City of Salina shall be constructed
of concrete and in accordance with plans and speci-
fications as to material and methods of construc-
tion to be furnished by the City Engineer of the
City of Salina as hereinafter provided for. (Sl, Ord.
3509, 3-12-28).
25-104. Same; license fee; bond. That no person
shall engage in the work of constructing, recon-
structing or rebuilding sidewalks, driveways, curb-
ing, guttering or other concrete work, for others,
in the streets, alleys or other public grounds in
the City of Salina without first securing from the
City Clerk a license therefor, for which such li-
censee shall pay to the City of Salina an annual
fee of $10.00, which license shall expire on Decem-
ber 31st after the issuance thereof (provided that
if the license is issued after July 1st the license
fee shall be one-half of the foregoing amount) and
no such license shall be issued until the applicant
therefor shall furnish a bond, in the amount and
conditioned as hereinafter required, with corporate
securities to be approved by the Board of Commis-
sioners, the form thereof to be approved by the City
Attorney; provided that this ordinance shall not
apply to any person doing or performing any work
of the nature above described for the City of Salina,
under a contract with such city and for which reg-
ular performance, maintenance and statutory bonds
are required by the City and furnished by the con-
tractor for the specific work covered by any such
contract. (S2, Ord. 3509, 3-12-28).
25-105. Same; bond; amount. The bond herein-
above provided for shall be in a principal sum not
less than $1,000.00 and shall run to the City of
Salina as obligee, for the benefit of the city and
of all persons with whom the principal named therein
may contract for the construction of such work,
conditioned that any such work shall conform in
all respects to the plans and specifications prepared
by the City Engineer and on file in his office and
according to stakes and grades as set by the City
Engineer and that any such work shall endure with-
out need of repair for two years from the date of
the completion of any such work, and that such
contractor will, without charge, make any repairs
or replace any such work, if the same shall, in the
opinion of the City Engineer, become so defective
as to require the same within such period of two
years. (93, Ord. 3509, 3-12-28).
25-106. Same; permit. No such sidewalks, drive-
ways, curbing, guttering or any other concrete work
in any street or public grounds in said City, shall
be constructed, reconstructed or rebuilt until a per-
mit 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 ordinance shall be
deemed to be a part of any such permit, provided
Ch. 25, Art. 1
SIDEW ALKS.-Regulating Construction.
282
that no such permit shall be issued to any person
from whom a license and bond is required until such
license shall be issued and such bond filed and ap-
proved. (!i4, Ord. 3509, 3-12-28).
25-107. Same; conform to requirements of City
Engineer. The City Engineer shall immediately
after the taking effect of this ordinance prepare
standard plans and specifications for the construc-
tion within the City of Salina of concrete sidewalks,
driveways, curbing and guttering, and other con-
crete work, which shall be presented to the Board
of Commissioners, and when accepted and approved
by such Board of Commissioners shall remain on
file in the office of the City Engineer as the stan-
dard specifications for all such work until changed
by said engineer with the approval of said Board
of Commissioners, and such plans and specifications
shall govern all work done under any permit re-
quired by this ordinance so far as the same shall
apply, and in any case where the City Engineer
deems the same necessary, he shall prepare special
plans and specifications for any such work so far
as the same may be necessary, which shall apply
only to the specific work for which they are pre-
pared, and which in any such case shall become a
part of the permit covering such specific work. (!i5,
Ord. 3509, 3-12-28). (Note: Such standard plans
and specifications together with all approved changes
thereto, are on file in the office of the City En-
gineer.)
25-108. Same; additional requirements. Before
he shall issue any permit, the City Engineer shall
ascertain that the bond filed by the applicant there-
for is sufficient to cover the amount of the work
to be done under such permit, and in addition there-
to the amount of all work being done by the same
person under permits previously issued and which
is then uncompleted, and if the amount of any such
bond is insufficient to cover all outstanding and un;-
completed work under permits issued or applied for,
no additional permit shall be issued until the ap-
plciant 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 main-
tenance bond covering only the specific work to be
done under any specific permit, and the amount of
any such work shall not be counted as a part of the
work covered by the general bond. (!i6, Ord. 3509,
3-12-28) .
25-109. Same; completion of work; notice; inspec-
tion; revocation of license. The contractor shall
notify the City Engineer of the completion of any
work for which a permit has been issued. If the
City Engineer shall upon inspection of any such
completed work find that such work has not been
done in conformity with the plans and specifica-
tions for such work, the City Engineer shall have
authority to order any changes in such work which
may in his opinion be necessary, or may order the
same removed and reconstructed. If any contractor
shall fail to comply with any order of the City Engi-
neer 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 days from the date of such order be reviewed,
and approved or set aside, by the Board of Commis-
sioners. (!i7, Ord. 3509, 3-12-28).
25-110. Definition. The word "person" when used
in this ordinance shall be deemed to refer to any
person or persons, firm, copartnership or corpora-
tion. (!i8, Ord. 3509, 3-12-28).
25-111. Violation; penalty. Any person whether
acting for himself or as the agent, representative,
employee, officer or member of any corporation or
co-partnership, who shall construct, reconstruct or
rebuild any of the work mentioned in this ordinance
in violation of the provisions hereof or contrary to
the plans and specifications for such work as pro-
vided for herein or who shall do any such work
without securing a permit therefor as herein re-
quired, or who, when required by this ordinance
shall do any such work without securing the license
and filing the bond or bonds required by this ordi-
nance, or who shall otherwise violate any of the
provisions of this ordinance shall be deemed guilty
of a misdemeanor, and upon conviction shall be
fined not less than $10.00, nor more than $50.00 for
each offense. (!i10, Ord. 3509, 3-12-28).
25-112. Sidewalks; Ash Street between Seventh
Street and Ninth Street:
(Published in the Salina Journal, June 9, 1927.)
RESOLUTION NO. 422.
A Resolution relating to the width of sidewalks
on Ash Street between Seventh and Ninth Streets.
Bil It Resolved by the Board of Commissioners of
the City of Salina that all sidewalks hereafter con-
structed or reconstructed on Ash Street between
Seventh Street and Ninth Street be eight (8) feet
in width.
Introduced, May 31st, 1927.
Passed, June 6th, 1927.
( SEAL
Attest:
Chas. E. Banker, City Clerk.
Guy T. Helvering,
Mayor.
-
.
Ch. 26, Art. 1
STREETS and ALLEYS.-Excavations.
283
CHAPTER 26.-STREETS AND ALLEYS;
GENERAL.
(See 13-439, G. S. 1935)
Article I.-Excavations.-26-101 to 26-114.
2.-General Regulations:
A. Cutting Curbs for Driveways.-26-
201 to 26-206.
B. Protection of Paving and Sidewalks
under Construction, and relating to
and regulating building and main-
tenance of bulk heads, cellars, etc.-
26-207 to 26-213.
C. Miscellaneous Regulations.-26-214
to 26-224.
3.-Service Pipes and Sewers Ordered in.-
26-301 to 26-303.
4.-Construction and Maintenance of Inter-
sections with Steam Railroads.-26-401
to 26-404.
5.-House Numbering.-26-501 to 26-506.
6.-N ames of Streets Changed.-26-601 to
26-617
7.-Grades; Bench Marks.-26-701 to 26-704.
ARTICLE I.-Excavations.
.
26-101. Excavations; permit required. No per-
son, firm or corporation shall make any excavation
in any street, alley or other public ground in the
City of Salina, for any purpose whatsoever, except
excavations required for work, under contract with
the City of Salina for which usual performance and
maintenance bonds are required until he shall first
secure from the City Engineer permit countersigned
by the City Clerk, to make such excavation. (gl,
Ord. 3644, 12-26-28).
26-102. Permit; application. For the purpose of
obtaining the permit above mentioned, the person
desiring the same shall file with the City Engineer
a written application, signed by such person, which
shall show the location, size and purpose of the ex-
cavation and such other information as may be re-
quired by the City Engineer. A duplicate copy of
such application approved by the City Engineer,
and on which he shall note the amount of the esti-
mated deposit, as required by Section 4 of this ordi-
nance, shall be filed with the City Clerk. (g2, Ord.
3644, 12-26-28).
26-103. Same; bond. No such permit shall be
granted until there shall be filed with the City
Clerk and approved by the Board of Commissioners
a bond to be given by the applicant as principal
with good and sufficient sureties approved by the
Board of Commissioners, in the principal sum of not
less than $2,000, running to the City of Salina as
obligee for the benefit of the City of Salina and
any other person who may be injured by any vio-
.
lation of the conditions thereof, such bond to be
conditioned for the faithful performance by the prin-
cipal 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 pro-
visions of this ordinance for the making of any ex-
cavation in any street, alley or other public grounds
in the City of Salina, and that all work done there-
under shall be done in strict conformity with all
ordinances of the City of Salina relating to such
work and in accordance with the plans and speci-
fications of the City Engineer relating thereto, and
that the principal in said bond will indemnify and
save harmless the said City and all other persons
against all costs, damages and injuries sustained by
said city or by any other person whomsoever, by
reason of the carelessness or neglect of the prin-
cipal of said bond or his agents, seryants, employees
or representatives, either on account of their failure
to comply with the provisions of the ordinances of
the City of Salina relating to such work or with
the rules and regulations adopted pursuant thereto
or with any of the plans and specifications govern-
ing the performance thereof, or otherwise; and no
bond so given by any person shall be cancelled nor
shall the surety thereon be relieved from further
liability under any such bond until he shall file
with the City Clerk a notice in writing at least
ten days prior to the date of the cancellation there-
of, of the intention of said surety of its cancellation
of liability under such bond and after the filing of
such notice with the City Cler~, no further permit
shall be granted to the principal in any such bond
so cancelled until a new bond shall have been filed
and approved, and provided further that no can-
cellation of any bond shall affect the liability of the
principal or surety thereupon on any work done pur-
suant to any permit issued prior to the receipt of
the notice of such concellation. (g3, Ord. 3644, 12-
26-28) .
26-104. Same; deposit for cost of refilling. 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 2 of
this ordinance, in no case to be less than $10.00.
The City Engineer shall prepare a schedule of
charges, to be approved by the City Commission,
for the refilling of and the replacing, repairing and
maintenance of the pavement over such excavation,
which schedule, when so approved, shall be filed
284
STREE'TS and ALLEYS.-Excavations.
in the office of the City Clerk and the City Engi-
neer. (94, Ord. 3644, 12-26-28).
26-105. Filling to' be done by street department.
The filling and tamping of all such excavations and
the repair of all pavements over any such excava-
tion shall be done by the Street Department on order
of the City Engineer and in accordance with the
specifications for such work prepared by the City
Engineer. The City Engineer shall as soon as pos-
sible after the taking effect of this ordinance, and
from time to time thereafter when ordered by the
Board of Commissioners, prepare standard plans
and specifications for the making of excavations
in the streets, alleys and other public grounds of
the City of Salina and for the making of pavement
cuts and for refilling and tamping the same and for
repairing pavements, which shall be submitted to
the Board of Commissioners for approval, and when
so approved shall be filed in the office of the City
Clerk and the City Engineer, and it shall be a con-
dition of any permit issued under this ordinance that
the person receiving the same shall comply in all
respects with all such standard plans and specifica-
tions. (95, Ord. 3644, 12-26-28).
26-106. Same; refunds on deposits; permits to
Public Service Corporations. Upon notification by
the City Engineer that any excavation is to be re-
filled the Superintendent of Streets shall, within
24 hours exclusive of Sundays and legal holidays,
take charge of such excavation and shall refill the
same and make all necessary paving repairs all in
accordance with the plans and specifications of the
City Engineer, and shall certify to the City Clerk
the quantities of filling and paving repairs required
and the total charges as calculated from such quan-
tities and the schedule of charges prepared by the
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 bal-
ance due thereon to the City Clerk immediately on
demand; Provided, however, that the City Engineer
may permit any public service corporation to fur-
nish labor and materials and refill excavations and
repair pavements under the supervision of the Street
Department, in which case the deposit to cover cost
of repairs may be waived and the charges against
the public service corporation shall be the actual
cost to the Street Department of such supervision
plus 250/<. for overhead, but the application and per-
mit required by this ordinance shall be required in
Ch. 26, Art. 1
all cases and all such work shall be done strictly
in accordance with the plans and specifications of
the City Engineer as herein provided for. (96, Ord.
36,1,1, 12-26-28).
26-107. Refilling excavations; notice to City Engi-
neer. The person to whom any such permit is is-
sued shall notify the City Engineer in writing when
he is ready for the excavation to be refilled. The
City Engineer note thereon the time of receipt of
such notice and shall immediately order the Street
Department to refill the excavation and the Street
Department shall within twenty-four hours, exclu-
sive of Sundays and legal holidays, take charge of
such excavation and shall thereafter maintain the
necessary barriers, barricades and lanterns until the
refilling and repaving is completed and ready to
open to traffic. The person to whom the permit
is issued shall maintain all barriers, barricades and
lanterns and shall be responsible for all damages
or injuries arising from or incidental to such ex-
! cavation until same has been taken charge of by
the Street Department as provided for above or
until the expiration of twenty-four hours, exclusive
of Sundays and legal holidays, after the City Engi-
I neer has received written notice that the excavation
is ready for refilling, and after the expiration of
said twenty-four hours, exclusive of Sundays and
legal holidays, from the receipt of notice by the City
Engineer, the person making such excavation under
any such permit shall not be liable in connection
with any injuries which may be sustained in connec-
tion with such excavation except such as may re-
sult from defective work done by such person in
connection with such excavation, or the actual negli-
gence of such person. (97, Ord. 3644, 12-26-28).
26-108. Money credited to street department fund.
All money received by the City to pay the cost of
refilling excavations and repairing pavements shall
be credited to the Street Department Fund. (98,
Ord. 3644, 12-26-28).
26-109. No rod or stake driven through pave-
ment. . No person, firm or corporation shall at any
time, for any purpose whatever, drive any rod or
stake through any pavement on any street, alley or
other public ground, in the City of Salina, with-
out first obtaining the written permit of the City
Council so to do. (914, Ord. 1882, 9-25-15).
26-110. Violation of Sees. 26-101 to 26-109; penalty.
Any person, firm or corporation, or the president,
agent, manager or employee thereof, who shall vio-
late any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon con-
-
.
.
.
Ch. 26, Art. 1
STREETS and ALLEYS.-Excavations.
285
viction thcreof in thc Police Court shall be fined in
any sum not less than Ten Dollars ($10.00), nor
more than Three Hundred Dollars ($300.00). (915,
Ord. lS32, 9-25-15).
26-111. Excavations to precede paving; property
owners notified; no paving broken for one year.
Whenever a street, avenue or alley is about to be
paved, the City Engineer, or his authorized repre-
sentative, shall notify the property holders, lessees
01' tenants on such street, avenue or alley, so that
all water, steam, gas, drain or sewer connections
can be made prior to the paving of the same. After
the 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
months from the completion of the paving, except
for the .purpose of repairing leaks in any water,
steam, gas, drain, sewer or other pipe or conduits,
meaning hereby to prohibit excavations for all new
work in said block within the time above mentioned.
(94, Ord. 1695, 12-16-1912).
26-112. Excavations; signals; regulations. Every
person, persons, company or corporation to whom
any permit is issued, as hereinbefore provided, shall
enclose all excavations which he or they may make
in the public streets, avenues or alleys with suffi-
cient 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 of Salina in consequence of any accident or
accidents to persons, animals, vehicles, conduits or
property of any kind, and such persons, person, com-
pany or corporation shall also be liable to the City
of Salina on their bond for the same. Trenches or
ditches in depth of six feet or more, and in all
made or otherwise treacherous soil, or near build-
ings, the sides of said trenches or ditches shall be
so braced as to prevent caving or injury to the
adjoining premises; and the party excavating and
his bondsmen shall be liable to said City for all
damages arising by reason of the neglect or care-
lessness in this respect. All excavating and refilling
shall be made with such material and in such man-
neI' as may be directed by the City Engineer, or
his authorized representative, and all paving, curb-
ing, guttering 01' macadamizing shall be replaced
and renewed in as perfect and substantial condi-
tion as before being disturbed; and all such paving,
curbing, guttering and macadamizing shall be done
by men who are experienced in such work and fully
qualified to do the same in a propel' and substantial
manner. Any directions that may be given, either
in writing or orally, by the City Engineer, or any
person intrusted with the supervision of such work,
to any person, persons, or corporation engaged in
making or refilling any such excavation shall be
immediately obeyed; and the violation of such di-
rections, or the failure to perform the same, shall
be deemed a violation of the provisions of this ordi-
nance. All parties making excavations under the
provisions of this ordinance 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, se-
cure and unobstructed passageways for the safe pas-
sage of all vehicles and pedestrians. (95, Ord. 1695,
12-16-1912) (Note see infra S26-101 to S26-108).
26-113. Removal of signals, etc. Any person,
persons, company or corporation who shall make
or attempt to make any excavation or refill the
same, or do or attempt to do any other act, in
violation of the provisions of this ordinance, or any
person, company or corporation who shall remove
or attempt to remove from the site of the excava-
tion or work any of the barricades, danger signals
or lights, required by the provisions of this ordi-
nance, shall be deemed guilty of a violation of the
terms and provisions of this ordinance. (S7, Ord.
1695, 12-16-1912).
26-114. Penalty; Violation of Sees. 26-111 to 26-
113. Any person who violates any of the provisions
of this ordinance shall be deemed guilty of a mis-
demeanor and, upon conviction thereof, shall be
fined in a sum not less than three ($3.00) dollars
nor more than one hundred ($100.00) dollars. (S8,
Ord. 1695, 12-16-1912).
.
ARTICLE 2.-General Regulations.
STREETS and ALLEYS., -General Regulations.
Ch. 26, Art. 21\
A.-Cutting Curbing for Driveways.-26"201
26-204.
.
26-201. Cutting Curb; permit required. That no
person, firm or corporation shall cut into, destroy
or remove any curbing along or on any street in
the City of Salina now or hereafter existing, for
the purpose of affording an entrance for a drive-
way from such street to any private property abut-
ting thereon, or for any other purpose, without first
securing from the City Engineer of the City of
Salina, a permit therefor. (91, Ord. 2874, 11-5-23).
26-202. Specifications of City Engineer; condition
of permit. That no permit for the purpose men-
tioned in the preceding section hereof, shall be is-
sued by the City Engineer to any person, firm or
corporation, except on the express condition, which
shall be provided for in such permit, that such drive-
way shall be constructed in accordance with speci-
fications as to material and construction to be fur-
nished by said City Engineer, which specifications
shall be made a part of such permit, and shall be
completed within thirty (30) days after the date
of the issuance of such permit. (92, Ord. 2874, 11-
5-23) .
26-203. Violation of ordinance; penalty. That if
the terms and conditions of such permit, either as
to the completion of said drive-way from the curb
line to the property line or as to the specifications
for the construction thereof shall not be complied
with within the time above mentioned the person
applying for such permit either for himself or for
any firm or corporation shall be deemed guilty of
a misdemeanor and shall, upon conviction thereof,
be subject to a fine of twenty-five ($25.00) dol-
lars, and provided further that each day's failure
to comply with the conditions of such permit after
the time limited herein shall be deemed a separate
offense, punishable by a fine of $5.00 for each such
subsequent offense. (93, Ord. 2874, 11-5-23).
26-204. Cutting curb; unpaved driveways. That
because of the damages to pavements and curbing
and guttering resulting from the flow and seepage
of water from unpaved driveways to and under such
paving, curbing and guttering, no driveway or drive-
way returns, from any street to private property
.
I abutting thereon shall be constructed or used except-
I ing upon compliance with the following provisions
to of thi.s ordinance. (91, Ord. 4166, 6-14-32).
26-205. Same; requirements. Whenever any curb-
ing and guttering, or curbing, guttering and pav-
ing is hereafter constructed by any contractor pur-
suant to a contract with the City of Salina for such
work, such contractor shall not be permitted and
he is hereby prohibited from installing any drive-
way returns in any curbing being or to be con-
structed by him unless the owner of the property
to b~rved by such driveway or driveway returns
shall make arrangements, either with such contrac-
tor or with some other person engaged in and
authorized to do similar work, for the construction
of a paved and curbed driveway leading to the prop-
erty line of such property, and proof of such ar-
rangement shall be furnished to the City Engineer
before any permit for such work is issued, all of
such work to be constructed in accordance with spe-
cifications for such work prepared by the City Engi-
neer and on file in his office and in the office of
the City Clerk; provided, that where such proposed
driveway crosses a cement sidewalk in good condi-
tion, such driveway shall be constructed only to
the edge of such concrete sidewalk nearest the
street; Provided further, that if the street in which
any such driveway or driveway returns are to be
constructed is not paved, or if the paving thereof
has not been contracted for, then the driveway to
be constructed need not 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 paving in such drvieway whenever the paving
in such street is constructed. (92, Ord. 4166, 6-
14-32) .
26-206. Violations; penalty. Any person who
shall violate any of the provisions of this ordinance,
or who shall fail to construct the paving of any
such driveway, after the street paving in such street
is constructed and shall maintain such unpaved
driveway, in violation of the agreement made by
any such person as a condition to securing a permit
for the construction of any such driveway, shall be
deemed guilty of a misdemeanor and upon convic-
tion shall be fined not less than $25.00 for each
offense. (93, Ord. 4166, 6-14-32).
287
.
Ch. 26, Art. 2-B
STREETS and ALLEYS.-General Regulations.
Sidewalks in Course i 26-211. Stairway or Areaway; protection; require-
ments. That no person, firm or corporation shall
hereafter use or maintain in any street or in or
under any sidewalk in the City of Salina any cellar
or basement way, areaway or stairway, unless the
same shall be protected by an iron railing on all
exposed sides thereof which shall consist of at least
two rails, the top one of which shall be at least 39
inches above the street level and the other rail one-
half that heighth from the street level. In the case
of stairways leading into any such cellar or base-
ment way or areaway, the head of such stairway
shall be protected by an iron gate comprised of at
least two 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 so constructed that it shall at all
times be kept closed except when in actual use.
(92, Ord. 4039, 3-30-31).
B.-Protection of Paving and
of Construction.
26-207. Removing barrier protecting paving or
sidewalk. That it shall hereafter be unlawful for
any person to remove, displace, take away or in any
manner interfere or meddle with any barricade, bar-
rier, obstruction, railing, light or other warning
signal placed by the City of Salina, or any agent
thereof or by any company or person acting under
the authority or with the consent of said City, for
the purpose of protecting any pavement, sidewalk
or other public improvement in the course of con-
struction in said city. (91, Ord. 2613, 11-6-22).
.
26-208. Using sidewalk or paving protected by
barriers. It shall hereafter 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 said city
when the same shall be protected against such use
by means of barriers, barricades, obstructions, lights
or other warning signals placed there by said city
or by persons acting with authority and consent of
said city, for the purpose of protecting such unfin-
ished pavement, sidewalk or other public work
against damage until its completion. (92, Ord. 2613,
11-6-22) .
26-209. Violation of ordinance; penalty. Any per-
son violating any of the terms or provisions of
this ordinance, shall upon conviction, be deemed
guilty of a misdemeanor and shall be punished by
being confined in the City Jail for not more than
thirty (30) days or by a fine of not more than one
hundred dollars ($100.00), or by both such fine and
imprisonment. (93, Ord. 2613, 11-6-22).
26-210. Certain construction; permits required.
That no person, firm or corporation shall hereafter
construct in allY street or in or under any sidewalk
in the City of Salina any bulkheads, cellar or base-
ment ways, areaways, railings, or stairways, or ex-
cavations for any of the same, without first secur-
ing from the Board of Commissioners of said city
a permit for the same which shall in each case
state specifically the terms and oonditions under
which such permit is issued and the manner in which
and the conditions under which the same shall be
maintained. (91, Ord. 4039, 3-30-31).
.
26-212. Same; violations. If any person, now us-
ing or maintaining any such cellar or basement
comply with the requirements of this ordinance with
way, areaway or stairway, shall fail or refuse to
respect thereto, the superintendent of streets of the
City of Salina shall be and he is hereby authorized
and directed to close such cellar or basement way
or areaway or any such stairway and the further
use thereof is hereby prohibited until the provisions
of this ordinance are complied with and the person
refusing or neglecting to comply with the provisions
of this ordinance shall be deemed guilty of a sep-
arate violation of this ordinance for each day dur-
ing which such neglect or refusal shall continue.
(93, Ord. 4039, 3-30-31).
26-213. Same; penalty. Any person, firm or cor-
poration or any member, officer, agent or represen-
tative thereof who shall violate or cause or permit
the violation of any of the provisions of this ordi-
nance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not less than $25.00
nor more than $100.00 for each offense. (94, Ord.
4039, 3-30-31).
289
.
Ch. 26, Art. 2-C
C.-Miscellaneous Regulations.
STREETS and .ALLE-YS.- General l-~cg'ulations.
291
(See General Index and Secs. 15-151; 15-159 to
15-162; 28-101 and 28-110 for other regulations re-
lating to Streets and Alleys.)
26-214. Hedge fences along streets or alleys. It
shall be unlawful for the owner or occupant of any
real estate in the City of Salina to permit or allow
any hedge standing or growing thereon as a fence
along any of the public streets or alleys of said
city and be or become more than four feet in height,
or to permit or allow the same to extend into said
streets or alleys more than one foot. (SI, Ord. 853,
6-18-1894) .
26-215. Violation of 26-214; penalty. Any person
violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of
not more than $10.00 or by imprisonment not ex-
ceeding 30 days or by both such fine and imprison-
ment. (S2, Ord. 853, 6-18-1894).
.
26-216. Growing Crops. That it shall be unlaw-
ful for any person to grow or raise, or permit to
be grown or raised on that portion of any lot or
tract of land in the City of Salina, lying within
15 feet of the property line of any such lot or tract
abutting upon any street or avenue, or within 15
feet of any other property line of such lot or tract
which abutts upon any other lot or tract on which
is located a residence, any corn, sweet corn, kaffir
corn, cane, milo maize and other tall growing for-
age crops. (SI, Ord. 3839, 2-24-30).
26-217. Penalty. Any person who shall violate
or permit the violation of any of the provisions of
this ordinance shall be deemed guilty of a misde-
meanor, and shall be punished by a fine of not more
than $25.00 for each offense, and each day upon
which any such violation is continued or permitted
to be continued, shall constitute a separate offense.
(S2, Ord. 3839, 2-24-30).
demeanor and upon conviction thereof, fined not less
than three dollars, ($3.00) nor more than twenty-
live dollars ($25.00) for each offense. (Sl, Ord.
1888, 9-20-1915).
26-219. Tractor or threshing machine engine;
plank streets. It shall be unlawful for any person,
persons or corporation to propel, cause to be pro-
pelled or drawn, by horse power or by its own power,
across or along any of the paved streets of the City
of Salina, any traction engine or threshing machine
engine, except that the same be propelled or drawn
over planks at least two (2) inches in thickness.
(SI, Ord. 1611, 6-19-1911).
26-220. Violation of Sec. 26-219; penalty. Any
person, persons or corporation violating the pro-
visions of this ordinance shall be deemed guilty of
a misdemeanor and upon conviction in the Police
Court, fined in any sum not exceeding one hundred
dollars for each offense. (S2, Ord. 1611, 6-19-1911).
26-221. Vehicles for hire; standing in front of
business place; limitations. It shall be unlawful for
the owner or driver of any hack or other vehicle
drawn by horses or other animals, and used in said
city for the transportation of passengers, baggage
or merchandise to permit or allow said hack or
other vehicle to stand in front of any lot, store or
place of business in said city on any of the public
streets of said city for any period of time longer
than is necessary for the transaction of any busi-
ness which he may have with the owner or occu-
pant of said lot, store or place of business, after
such owner or driver of such hack or such other
vehicle receives written noticE! from the owner or
occupant of such lot, store or place of business for-
bidding him to do so. (SI, Ord. 855, 4-23-1891).
26-222. Violation of Sec. 26-221; penalty. Any
person found guilty of violating any of the pro-
visions of this ordinance shall on conviction thereof
be deemed guilty of a misdemeanor and be pun-
ished by a fine of not less than $5.00 and not ex-
ceeding $25.00 and costs, or by imprisonment not
exceeding 3 months or both such fine and imprison-
ment. (S2, Ord. 855, 4-23-1891).
26-218. Hauling stone, coal, sand, rubbish, etc.
on streets; wagon bed; violation; penalty. It shall
be unlawful for any person to draw or haul over
the paved streets of the City of Salina, any broken
stone, coal, sand, manure, mud, dirt, clay, ashes, 26-223. Wooden culvert and runways prohibited.
or rubbish of any kind, except in a wagon, cart or That it shall be unlawful for any person, firm or
other vehicle with a tight box thereon, so constructed corporation to place or use, or to permit, cause or
as to prevent the spilling or scattering of any of allow to be placed or used any wooden culvert or
the substances therein contained, upon said paved runway attached to the curb on or along any pub-
streets. Any person violating any of the provisions IliC street or thoroughfare in the City of Salina,
of this ordinance shall be deemed guilty of a mis- Kansas, and which projects into any such street
.
STREETS and ALLEYS.-General Regulations.
292
or thoroughfare and onto the pavement thereof, the
culvert or runway herein referred to being such as
is commonly used for the purpose of driving auto-
mobiles or other vehicles over the curb when no
driveway entrance is cut into said curb. (~1, Ord.
2619, 11-20-1922).
Ch. 26, Art. 2-C
26-224. Violation of Sec. 26-223; penalty. That
any person who shall violate the provisions of the
preceding section of this ordinance shall be deemed
gulity of a misdemeanor and upon conviction thereof
shall be fined in an amount not to exceed $50.00.
(~2, Ord. 2619, 11-20-1922).
.
Ch. 26, Art. 3
STREETS and ALLEYS.-Service Pipes, Etc.
29::\
.
ARTICLE 3.-Streets; Service Pipes and Sewers tive days in the official city paper and that in event
Ordered In. the owner or owners of such lot or lots ordered
to lay and construct the same shall refuse or neglect
(See 12-832, 12-833, G. S. 1935)
. to lay down or construct such water service pipes,
26-301. Lot owners lay service pipes and sewers gas service pipes or sewers within 30 days from
prior to paving. That it shall be the duty of the and after the last publication of such order, then
owner or owners of any lot or lots within the cor- the Board of Commissioners of the City of Salina
porate limits of the City of Salina to construct. shall proceed to construct or cause to be constructed
and lay water service pipes, gas service pipes and I and laid such water service pipes, gas service pipes
sewers to the back of the curb abutting such lot or or sewers in accordance with the provisions of law
lots whenever ordered so to do by order, resolution and the cost thereof shall be assessed against the
or ordinance of the Board of Commissioners of the two adjoining lots or fractional parts thereof for
City of Salina, made in conformity to law; Pro- which such service pipes or sewers are laid, and
vided however, that such water service pipes, gas such assessments shall be certified by the City Clerk
service pipes and sewers shall not by said Board of of Salina, Kansas, to the County Clerk of Saline
Commissioners be ordered constructed or laid under County, Kansas, to be collected according to law
the provisions of this ordinance except in regard in the same manner as paving assessments are col-
to property abutting upon streets upon which pav- lected; Provided however, that after the expiration
ing has been ordered in and provided further that of the time designated in such order for the con-
the Board of Commissioners shall not order the struction of such service pipes or sewers then such
laying or construction of more than one water ser- owner or owners shall not construct or cause the
vice pipe, one gas service pipe or one sewer for same to be constructed without first having written
each two lots or fractional parts thereof along and authority therefor from said Board of Commission-
abutting said paving, nor shall any service pipes or ers. (@2, Ord. 2410, 10-24-21).
sewers be so ordered in on any streets within said
city where the mains for the same are not laid.
(@1, Ord. 2410, 10-24-21).
26-302. Notice to owners; City may lay pipes;
special assessments. That the Board of Commis-
sioners 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 consecu-
26-303. Work according to specifications. That
the laying and construction of all service pipes and
sewers as hereinbefore provided for shall be in ac-
cordance with all city ordinances regulating the
same and shall be in accord with the plans, speci-
fications and requirements as provided for by ordi-
nance or direction of the Board of Commissioners.
(@3, Ord. 2410, 10-24-21).
.
.
Ch. 26, Art. 4
STREETS and ALLEYS.-Construclion; Maintenance.
295
ARTICLE 4.-Construction and Maintenance of
Intersections with Steam Railroads.
26-401. RailrDad companies maintain crossings;
specifications. . That it shall be the duty of every
company, owning, managing or operating any steam
railroad within the limits of the City of Salina,
which crosses any street, alley or highway or which
traverses any such street, alley or highway, within
such city, to construct and keep in repair substan-
tial and suitable crossings at each intersection of
such railroad with such streets, alleys or highways,
such crossings to be constructed in accordance with
some one of the plans and specifications for railroad
crossings hereto attached and made a part hereof,
marked Exhibit "A", provided, however, that it shall
be deemed a compliance with this ordinance for any
railroad company to construct and maintain such
crossings in a manner as substantial and suitable,
as provided in the plans and specifications made
a part of this ordinance, in which event, however,
said company shall first file with the City Clerk
plans and specifications for the construction of such
crossings, and obtain from the City Council per-
mission to construct such crossings in accordance
therewith. (~1, Ord. 1941, 5-15-16).
.
26-402. Provisions may be waived in writing.
That the street and alley committee of the City
.
Council may waive the provisions of this ordinance
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 cross-
ing, and a written waiver from such committee as
to any such crossing until such time as such waiver
is revoked by such committee or the City Council,
which may be done at any time. Such committee
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. (~2, Ord. 1941, 5-15-16).
26-403. Time for compliance. The provisions of
this ordinance shall be complied with by all com-
panies affected thereby within thirty days after the
passage and publication thereof. (~3, Ord. 1941,
5-15-16) .
26-404. Violation of ordinance; penalty. Every
railroad company which shall violate any of the
provisions of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction thereof shall
be fined in any sum not less than fifty nor more
than five hundred dollors, for each such violation.
(~4, Ord. 1941, 5-15-16).
(The specifications referred to in Sec. 26-401 are
on file and recorded in the office of the City Clerk
with original ordinance.)
.
Ch. 26, Art. 5
STREETS and ALLEYS.-House Numbering.
297
26-502. Starting points. The initial or starting
lines shall be Santa Fe Avenue and Iron Avenue,
numbering as follows: North and South from Iron
Avenue and East and West from Santa Fe Avenue,
and allowing 100 numbers to each block. All short
and angling streets shall take the nearest parallel
corresponding block number. (~2, Ord. 621, 1-16-
88).
more than twenty-five (25) feet for each number.
(~3, Ord. 621, 1-16-88).
26-504. Size of figures. The figures used shall
not be less than two and one-half (21h) inches high.
(~4, Ord. 621, 1-16-88).
26-505. City Engineer assign numbers. It shall
be the duty of the City Engineer to see that all
buildings which may hereafter be erected, or changes
in the fronts of buildings already erected shall be
supplied with the number or numbers to which they
shall be entitled under this ordinance by the owners
thereof and in all such cases the figures shall cor-
respond with the plan or system and specifications
herein contained. (~5, Ord. 621, 1-16-88).
26-506. Violation; penalty. Any person who shall
fail to number his buildings as provided by this
26-503. Even and odd numbers; 25 feet for each ordinance shall be deemed guilty of a misdemeanor
number. The even numbers shall be put on the and upon conviction thereof in the Police Court shall
right hand side of the streets and the odd numbers II be fined in any sum not exceeding five ($5.00)
on the left hand side of the streets allowing not Dollars. (~6, Ord. 621, 1-16-88).
ARTICLE 5.-Streets; House Numbering.
26-501. All buildings numbered. That all the
business houses and dwellings situated within the
corporate limits of the City of Salina shall be num-
bered in the manner and according to the plan
hereinafter specified. (~1, Ord. 621, 1-16-88).
.
.
.
Ch. 26, Art. 6
S'l'ltEETS ami ALLEYS.- -Nall1e~ Changed.
299
.
ARTICLE 6.-Streets; Names Changed.
26-601. South Park Addition; street names
changed For the purpose of avoiding confusion,
the streets heretofore designated and named First
Avenue, Second Avenue, Third Avenue and Fourth
Avenue, in South Park Addition to the City of
Salina, Kansas, are hereby changed in names as
follows: First Avenue is changed to Tenth Street;
Second Avenue is changed to Eleventh Street; Third
Avenue is char.ged to Twelfth Street and Fourth
A venue is changp.d to Phillips Street, and the name
of the street in said South Park Addition heretofore
designated-as Pa,'k Avenue is hereby changed to
Charles Avenue. (~1, Ord. 1586, 12-19-1910).
26-602. Sled, certify copy of ordinance; file with
Register of Deeds. The City Clerk is hereby in-
structed to transmit to the Register of Deeds of
Saline Cour.t.', Kansas, a certified copy of this ordi-
nance after the same has been published in the
off:cial City paper as hereinafter required. (!i2,
01'1. 1586, 12-19-1910).
26-603. Faulkner Street; changed to Twelfth
Street. That the name of Faulkner Street in the
City of Salina, ICansas, between Iron Avenue and
Walnut Street therein, be and the same is hereby
changed to Twelfth Street. (!i1, Ord. 2637, 12-26-
: 922).
26-604. Seitz Street changed to Tenth Street.
That the name of Seitz Street in the City of Salina,
from the south line of Crawford Avenue to the
north line of Republic Avenue as described in Sec-
tion 1 of Ordinance No. 3007, be and the same is
hereby changed to Tenth Street. (!i1, Ord. 4165,
6-13-32) .
26-605. Same. That whenever in any ordinance
or legal proceedings of any kind any part of such
street as described in Section 1 of this ordinance
has heretofore been or shall hereafter be referred
to as either Seitz Street or Tenth Street, or when-
ever the name of Seitz Street or Tenth Street, with-
in the limits above referred to, shall be hereafter
referred to in any ordinance or other proceedings
of any kind, the same shall be taken and considered
as referring to that part of said street mentioned
and described in Section 1 hereof, which was known
as Tenth Street before the adoption of Ordinance
No. 3007, and which has been referred to as both
Tenth Street and Seitz Street since the adoption
of Ordinance No. 3007. (!i2, Ord. 4165, 6-13-32).
26-606. Pacific Street, from Fifth to Custer,
changed to Lincoln A venue. That on account of
.
the confusion caused by the existence in the City
of Salina of a Pacific Avenue and a Pacific Street,
the name of Pacific Street in the City of Salina
from the east line of Fifth Street to the west line
of Custer Avenue, rtl'nning through Jones' Addition
and Morris' Addition in said City, be and the same
is hereby changed to Lincoln Avenue between such
limits and that the City Clerk be and he is hereby
authorized and directed to record a certified copy
of this ordinance with his certificate of the publica-
tion thereof, in the office of the Register of Deeds
of Saline County, Kansas. (!i1, Ord. 3094, Mch.
30, 1925).
26-607. Rush Street, designated. That the public
street lying along the west side of Park View Ad-
dition in the City of Salina be and the same is
hereby designated and named as Rush Street. (!i1,
Ord. 3347, 3-21-27).
26-608. Eastern Heights Avenue changed to Iowa
Street. That the public street (formerly known as
Eastern Heights Avenue) lying along the east side
of Surveyors Plat No.8, and west of Surveyors Plat
No. 34, being the first street east of Wisconsin
Avenue running south from Iron Avenue, be and the
same is hereby named and designated as Iowa Street.
(!i2, Ord. 3347, 3-21-27).
26-609. l\1arymount Road designated. That the
street running north and south between Sections
17 and 18, Township 14, Range 2 (between Mary-
mount Academy and Mt. Calvary Cemetery on the
west and Country Club Heights Addition on the
east), be and the same is hereby designated and
named as Marymount Road. (!i3, Ord. 3347, 3-21-27).
26-610. Country Club Road designated. That the
street running east and west between Sections 8
and 17, Township 14, Range 2 West, (between the
grounds of the Salina Country Club on the north
and Country Club Heights on the south), be and
the same is hereby designated as Country Club Road.
(!i4, Ord. 3347, 3-21-27).
26-611. Custer Avenue changed to Chester Avenue.
That on account of the confusion caused by the
similarity in names of Custer Street in Southern
Heights Addition, and Custer Avenue, lying along
the east side of Morris Addition and along the west
side of East Garden Addition, the name of said
Custer A venue be changed to, and the same is here-
by named and designated as Chester Avenue. (!i5,
Ord. 3347, 3-21-27).
26-612. Lincoln Street changed to Quincy Street.
That on account of the confusion caused by the
300
STREETS and ALLEYS.--Names Changed.
Ch. 26, Art. G
similarity in names of Lincoln Street, running north
and south between Republic Avenue and Cloud
Avenue in the Addition to the Grounds of Kansas
Wesleyan University, and Lincoln Avenue, running
east and west from the west City limits, at the
west line of North Park Addition, to Chester Avenue
in Morris Addition, (as defined in Section 5 of this
ordinance) name of said Lincoln Street from Re-
public Avenue to Cloud Avenue be and the same
is hereby changed to, and designated and named
as Quincy Street. (S6, Ord. 3347, 3-21-27).
26-613. Railroad Avenue changed to Decatur
Street. That on account of the confusion caused
by the similarity of names of Railroad Street, run-
ning north from Ash Street to the Union Pacific
Railroad right of way, between Elmdale Addition
and Weaver's Addition, and Railroad Avenue run-
ning east and west in Morris Addition east of Front
Street, the name of Railroad Avenue in Morris Ad-
dition be and the same is hereby changed to, and
designated and named as Decatur Street, of which
it is a substantial continuation. (li7, Ord. 3347, 3-
21-27).
26-614. Decatur Street, from Republic to Cloud,
changed to Roach Street. That on account of the
confusion caused by the similarity in names of De-
catur Street, running east and west from Ninth
Street to Fifth Street in Calkin's Addition, (and
extended by this ordinance into Morris Addition to
take the place of what was formerly Railroad Ave-
nue) and Decatur Street running north and south
between Republic Avenue and Cloud Avenue, along
the east side of The Addition to the Grounds of
Kansas Wesleyan University, the name of Decatur
Street from Republic Avenue to Cloud Avenue be
and the same is hereby changed to and designated
and named as Roach Street. (li8, Ord. 3347, 3-21-27).
26-615. Extension of streets. That whenever on
account of the enlarging of the city limits, addi-
tional territory is taken into the City which con-
tains streets which are continuations of any named
street in the City of Salina, the names of such streets
in such added territory shall be the same as those
within the City prior to such extension, of which
they are continuations or substantial continuations,
unless they shall be otherwise specifically designated
or named. (li9, Ord. 3347, 3-21-27).
26-616. Broadway Blvd. That the certain public
street and highway heretofore opened, created and
appropriated under the provisions of Resolution No.
669 adopted by the Board of Commissioners of the
City of Salina, Kansas, August 10, 1936, and the
condemnation proceedings duly had pursuant to said
resolution being the diagonal highway running in a
southwesterly direction from the intersection of
Ninth and Pacific Streets to a point in North Street
approximately at the intersection of North Street
and Clark Street in Chicago Addition (including that
portion of said highway opened, created and ap-
propriated by the State Highway Commission
through a portion of the north half Section 11-14-3,
lying immediately north of North Street has been
subsequently included within the corporate limits
of the City of Salina) and extending thence from
North Street in a curve in a southwesterly direc-
tion through a portion of Block 2, Block 1, Block 6,
Block 10, Block 11 in Chicago Addition to the nor-
therly terminus of a viaduct or overpass across the
railroad tracks and right-of-way of the Union Paci-
fic Railroad and the Atchison, Topeka and Santa
Fe Railroad (including that portion of Short Street
in Chicago Addition and portions of all other streets
and alleys in said addition occupied by said high-
way), and also that portion of Olive Street in Elm-
dale Addition and in Leavenworth Addition in the
City of Salina, extending from the northerly boun-
dary of Elmdale Addition south to University Place
in Leavenworth Addition, and also that portion of
the public highway created, opened and appropriated
by the State Highway Commission running through
portions of Block 11, Block 12 and Park No.3 in
Leavenworth Addition between University Place and
Walnut Street (which portion of said highway has
been subsequently included within the corporate
limits of the City of Salina), and all of the streets
and highway and portions thereof hereinabove de-
scribed and referred to, be and the same are here-
by designated and the same shall hereafter be con-
stituted and known as Broadway Boulevard. (S1,
Ord. 4945, 9-27-39).
26-617. Olive Street, Short Street, changed to
Broadway Boulevard. That the name of that por-
tion of Olive Street in Elmdale and in Leavenworth
Addition described in Section 1 of this ordinance
and the name of that portion of Short Street in
Chicago Addition described in Section 1 of this ordi-
nance be and the same are hereby changed to Broad-
way Boulevard, and all reference to said streets or
said portions thereof heretofore made or contained
in any legal or other proceedings, documents, deeds,
plats, certificates to plats, ordinances or other papers
of any kind shall hereafter be deemed to refer
and relate to Broadway Boulevard. (li2, Ord. 4945,
9-27 -39).
-
.
Ch. 26, Art. 7
STREETS and ALLEYS.-Grades; Bench Marks.
301
ARTICLE 7.-Grades; Bench Marks.
(See 13-1019, G. S. 1935)
.
26-701. Bench marks established. That the bench
marks heretofore established in the City of Salina
by the United States Coast and Geodetic Survey
and placed upon certain established buildings and at
other places in the City of Salina, as hereinafter set
forth, be and they are hereby established as the
official bench marks to be used in ascertaining and
fixing the elevations and grades of the streets and
alleys in the City of Salina, the location of said
established bench marks and their elevations above
sea level, as fixed by said Survey (and as shown on
pages 38 and 39 of Bulletin 571 of the United States
Geological Survey of the Department of the In-
terior), 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 tele-
graph 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 con-
crete, which is surface mark of Station; top of cop-
per bolt lettered "U.S.C.&G. 18 96 Survey" (C.& G.
S. b. m. Salina West Base) . . .1,220.008 feet
Salina, Missouri Pacific Ry. station, which is con-
structed of rough stone, under window in west side
of bow window in front of building, in face of stone
window sill; intersection of two lines forming a
cross, marked "U.S.C.& G.S.B.M." (C.& G.S.b.m.F 1)
. . . . . . . . . . . . . . . . . . . . . . 1,224.506 feet
Salina, brick building owned and occupied by H.
D. Lee Mercantile Co., at left side of steps to main
entrance on Santa Fe Street, in upper surface of
stone coping to vestibule; bottom of square cut,
marked "U.S.B.M." (C.& G.S.b.m.G 1) 1,225.828 feet
.
Salina, brick public school building on Elm Street,
1 block west of Santa Fe Street, in east wall and
near southeast corner of building, in outer face of
dressed-stone coping to stone foundation; intersec-
tion of two lines forming a cross, lettered, "U.S.C.&
G.S.B.M." (C.& G.S.b.m.I 1) 1,225.972 feet
(91, Ord. 3077, 2-23-25).
26-702. Present grades; contour maps. That the
present grades of all of the streets and alleys in
the City of Salina, Kansas, which are now paved,
be and the same are hereby declared to be the estab-
lished grades for such streets and alleys, and that
the City Engineer of the City of Salina shall here-
after make a contour map of the City of Salina,
marking thereon the grades of such streets and
alleys, based upon the elevations referred to in Sec-
tion One (1) hereof. (92, Ord. 3077, 2-23-25).
26-703. Grades hereafter established. That it
shall be the duty of the City Engineer, whenevel'
after the taking effect of this ordinance, any street
or alley is graded or paved or any new sidewalk
placed thereon to establish and fix the grade of such
street or alley based upon the elevations established
and referred to in Section One (1) hereof, and re-
corded as provided in the next section hereof. (93,
Ord. 3077, 2-23-25).
26-704. Grades established by Engineer; change
by ordinance. That all of the grades of streets and
alleys in the City of Salina or any part thereof,
established or fixed by the City Engineer, pursu-
ant to the provisions of this ordinance be recorded
by the City Engineer as a part of the permanent
records of his office, and any such grade shall there-
after be considered as the established grade of any
such street or alley until the same be changed by
ordinance of the City of Salina. (~4, Ord. 3077,
2-23-25).
.
303
Ch. 27, Art. 1
~TREETS and ALLEYS.-Opened.
-~---~------~--_._~._----_._---- --_.._-_.-
CHAPTER 27.-STREETS AND ALLEYS;
OPENED AND VACATED.
Article I.-Streets Opened.-27-101 to 27-141.
2.-Streets Vacated.-27-201 to 27-250.
3.-Alleys Opened.-27-301 to 27-320.
4.-Alleys Vacated.-27-401 to 27-476.
(The ordinances opening and vacating streets and
alleys are not set out in full but are included by
reference to name or description of street or alley
and number and date of ordinance, and include only
those opened or vacated by ordinance, and not those
dedicated by plats or otherwise. For streets in
platted additions acquired by dedication reference
is made to the plats of record in the Register of
Deeds Office.)
ARTICLE I.-Streets Opened.
27-101. Ash Street. From west line of Front
Street to east line of Oakdale Avenue. (Ord. 804,
8-20-92) .
27-102. Ash Street. Widened between west line
of Penn Street to the center of Front Street. (Ord.
952, 11-22-97).
27-113. Faulkner Street. From the south line
of Iron Avenue south 200 feet. (Ord. 2055, 6-30-17;
see Sec. 26-703. Name changed to 12th Street).
27-114. Franklin Street. From Sherman Street
to Ninth Street. (Ord. 2627, 12-2-22).
27-115.
Mulberry.
Front Street. From Walnut Street to
(Ord. 2086, 9-8-17).
27-116. Frost Street. From Sherman Street to
Ninth Street. (Ord. 2623, 12-2-22).
27 -117. Fifth Street. From south line of Bond
Street south 114.63. (Ord. 1479, 4-19-09).
27-118. Fifth Street. From Prescott Avenue to
Crawford Avenue. (Ord. 1534, 1-21-00; Ord. 1553,
4-25-00) .
21-119. Fifth Street. From Crawford to Bond
across Block 3, Bond's Addition. (Ord. 1364, 9-
26-07) .
27-120. Johnstown Avenue. From Kansas Ave-
nue to Ohio Street. (Ord. 2474, 3-18-22).
27-103. Baker Street. From the south line of 27-121. North Street. From Ninth Street to
South Street to the north line of Morrison Avenue. Eleventh Street. (Ord. 3397, 6-13-27; Ord. 3499,
(Ord. 3100, 4-13-25; Ord. 3104, 5-4-25). 1-16-28; Ord. 3511, 3-19-28).
27-104. Bishop Street. From 12th Street to 13th 27-122. North Street. East of the intersection
Street. (Ord. 1947, 5-24-16; Ord. 1849, 5-27-16). of North Street and Santa Fe Avenue. (Ord.3964,
9-22-30; Ord. 4026, 3-2-31).
27-123. Oakdale Avenue. From Johnstown to
Ash Street. (Ord. 2173, 5-6-18).
.
27-105. Bishop Street. From 13th Street to Col-
lege Avenue (15th Street). (Ord. 1947, 5-24-16;
Ord. 1849, 5-27-16). Note: Broadway Boulevard,
(see 26-616, 26-617).
27-124. Ohio Street. Widened from Gypsum
27-106. Center Street. From Fourth Street east Avenue to the intersection of Ohio Street and Gree-
to Kenwood Addition, widened and extended. (Ord. ley Avenue. (Ord. 3780, 9-3-29; Ord. 3783, 9-9-29).
666, 6-15-87).
27-125. Phillips Street. From southern terminus
27-107. College Avenue. From southern terminus then existing to south line Morrison's 3rd Addi-
then existing to the south line Morrison's 3rd Ad- tion. (S6, Ord. 1469, 3-15-09).
dition. (S6, Ord. 1469, 3-15-09).
27-108. Eleventh Street. From the south line of
Park Street to a point 130 feet south. (Ord. 3502,
2-13-28; Ord. 3506, 2-27-28; Ord. 3534, 5-14-28).
27-109. Eleventh Street. From Washington to
Prescott Avenue. (Ord. 2622, 12-2-22).
27-110. Eleventh Street. From Crawford Ave-
nue to Republic Avenue. (Ord. 2626, 12-2-22).
27-111. Elm Street. From Front Street east to
Smoky Hill River. (Ord. 565, 6-15-87).
27-112. Elm Street. At intersection with Elev-
enth, opened and widened. (Ord. 2055, 6-30-17).
.
27-126. Putnam Avenue. From Morrison Ave-
nue to South Street. (Ord. 1954, 6-10-16; Ord.
2166, 4-6-18).
27-127. Republic Avenue. Widened from Ninth
Street to Sherman Avenue. (Ord. 2624, 12-2-22).
27-128. Riverside Park Drive. From southwest
corner of Lot 23, Block 1, Riverside Park Addition,
to Ohio Street. (Ord. 1995, 10-21-16).
27-129. Riverside Park Drive. From Ohio Street
to Des Moines Avenue. (Ord. 2231, 12-28-18).
27-130. Sherman Street. From Crawford Street
to Republic. (Ord. 2635, 12-2-22).
304
STREETS and ALLEYS.-Opened.
Ch. 27, Art. 1
27-131. Tenth Street. From Walnut Street to i minus then existing to south line Morrison's 3rd
South Street. (Ord. 397, 2-18-84). Addition. (~6, Ord. 1469, 3-15-09).
27-132. Tenth Street. From Ash Street to Park 27-138. Walnut Street. From west line of Front
Street. (Ord. 512, 9-20-8-). Street across Smoky Hill River to intersection with
west drive of Oakdale Park. (Ord. 806, 7-21-92).
27-133. Tenth Street. From Washington Ave-
nue to Prescott A venue. (Ord. 1156, 9-15-02).
27-139. Wilson Street. From Santa Fe Avenue
to Fourth Street. (Ord. 2329, 4-10-20).
27-134. Tenth Street. From Grand Avenue
south 115 feet. (Ord. 1711, 4-21-13).
27-140. An Unnamed Street. 30 feet wide, from
Ninth Street to Tenth Street north of A.T. & S.F.
27-135. Tenth Street. From Frost Street to Re-
Railway tracks. (Ord. 1271, 8-14-05).
public Avenue. (Ord. 2623, 12-2-22).
27141. An Unnamed Street. From Fifth Street
27 136 Twelfth Street. From Bishop Street to
- . to Lincoln Street diagonally across southeast cor-
North Street. (Ord. 1902, 4-13-16). ner of Block 11, Calkin's Addition. (Ord. 1271,
27-137. Twelfth Street. From the southern ter- 18-14-05).
.
Ch. 27, Art. 2
STREETS and ALLEYS.-Vacated.
ARTICLE 2.-Streets Vacated.
27-201. Bishop Street. (See 13-4-43, G. S. 1935)
that part between center of 13th Street and west
line of 12th Street lying north of a line 33 feet
south of center line of main line track of Missouri
Pacific Railway. (Ord. 1947, 5-24-16).
27-202. College Avenue. Between north line of
Grand Blvd. produced and south line of 100 foot
right of way of Union Pacific Railway. (Ord. 1271,
8-14-1905) .
27 -203. Hoffa Street.
2391, 5-28-21).
In Wells Addition. (Ord.
27.215. Bond Street. The south 20 feet between
Fourth Street and Front Street. (Ord. 1999, 11-
9-16).
27-216. Stapler Avenue. From east line of Wis-
consin Avenue to west line of Eastern Heights,
vacated by resolution of council passed 2-17-13;
subject to conditions mentioned in such resolution.
27-217. Second Avenue. In South Park Addition
between north line of Prescott and south line of
alley running east and west between Prescott and
Washington. (Ord. 1436, 2-23-08).
27-218. Third Street. Part of south of North
27-204. Hope Street. From Third to Fourth Street occupied by Rock Island branch track. (Ord.
Street between Blocks 4 and 5 in Sunnyside Addi- 2125, 12-22-17).
tion. (Ord. 2551, 7-29-22).
27-219. Fourth Street. 21.8 feet on west side
27-205. Lincoln Avenue. In Calkins Addition from Crawford to Bond lying west of original Block
west of Fifth Street. (Ord. 1271, 8-14-05). 3, Bonds Addition. (Ord. 1364, 2-26-07).
27-206. Oakdale Avenue. Part of between Ash
Street and Johnstown Avenue. (Ord. 2376, 3-26-
21) .
.
27-207. North Street. 21/2 feet off north side
between Seventh Street and Ninth Street. (Ord.
2121, 12-22-17).
27-221. Fifth Street. At intersection with right
of way of Union Pacific Railroad. (Ord. 1271, 8-
Front 14-05).
(Ord.
27-208. Palace Street. Part west line of
Street and east limits of Wells Addition.
2390, 5-28-21).
27-209. Phillips Street. Between Blocks 2 and 3
South Park Addition as then existing. (Ord. 1746,
2-16-14).
27-220. :Fourth Street. In Jones Addition from
a line 175 feet south of Forrest Avenue south to
north line of Union Pacific 100 foot right of way.
(Ord. 1271, 8-14-05).
27 -222. Seventh Street. Lying between and
abutting on lots 7 to 12 inclusive in Block 9 and
Lots 30 to 32 inclusive in Block 4 in Calkins Addi-
tion. (Ord. 1282, 10-2.3-05).
305
27-223. Seventh Street. From south line of right
27-210. Railroad Street. Between north line of of way of Union Pacific to north line of North
Ash Street and south line of Park Street (except Street. (Ord. 2152, 2-22-18).
intersection of alley). (Ord. 2107, 1-19-17).
27-224. Tenth Street. Part of east of Block 9,
27-211. Railroad Avenue. Between Fourth and Depot Addition. (Ord. 807, 8-5-92).
Fifth Streets in Jones Addition. (Ord. 1271, 8-
14-05) .
27-212. Washington Avenue. In Block 6
rison's 3rd Addition as then existing. (Ord.
9-16-02) .
27-213. Washington Street. From Twelfth west
to right of way of Missouri Pacific Railroad in
Morrison's 3rd Addition as then existing. (Ord.
1469, 3-15-09).
27 -214. West Street. Between south line of
South Street and north line of Morrison Avenue
and between south line of Morrison Avenue and
north line of South Park Addition. (Ord. 1746,
2-16-14; Ord. 1754, 3-16-14).
.
27 -225. Tenth Street.
8 and 9 Depot Addition.
Mor-
1158,
East of part of Blocks
(Ord. 1271, 8-14-05).
27 -226. Tenth Street.
with Washington Avenue.
Portion of intersection
(Ord. 1682, 9-16-12).
27 -227. Eleventh Street. West 10 feet between
Elm Park. (Ord. 1727, 9-15-13).
27-228. Eleventh Street. Between north line of
Union Pacific right of way and North Street. (Ord.
737, 4-28-90).
27 -229. Twelfth Street. Between Bishop Street
and North Street in Depot Addition. (Ord. 737,
4-28-90) .
306
STREETS and ALLEYS.-Vacated.
Ch. 27, Art. 2
27-230. Twelfth Street. Between Block 3 and
4, South Park Addition as then existing. (Ord.
1746, 2-16-14).
27 -231. Thirteenth Street. Between south line
of Missouri Pacific right of way and a line 50
feet northwest measured at right angles and paral-
lel with center line of main track of Union Pacific
Railway. (Ord. 1835, 4-24-15).
27-240. Iron Avenue. Part of, between east line
of Seventh Street and the west line of alley be-
tween Seventh Street and Santa Fe Avenue. (~1,
Ord. 3985, 11-24-30).
27-232. An Unnamed Street.
Block 6 and 7 in Depot Addition.
92; Ord. 1271, 8-14-05).
Lying between
(Ord. 807, 8-5- 27-243. Osborne Street. From south line of Re-
public Avenue to north line of Cloud Avenue. (Ord.
3163, 9-28-25).
27-241. North Street. Part of, between Fifth
and Fourth. (Ord. 4227, 1-9-33).
27-242. North Street. Part of, from Ninth Street
to Eleventh Street. (~4, Ord. 3499, 1-23-28).
27-233. An Unnamed Street. Running diagon-
ally from Gypsum Avenue to Ohio Street between
Blocks 1 and 2 in Phillips East Salina Addition.
(Ord. 1200, 3-23-03).
27-244. Republic Street. Part of, between Ninth
and Missouri Pacific right of way. (Ord. 4359,
2-29-34) .
27-234. Eighth Street. From south line of North 27-245. Russell Avenue. From east line of
Street to north line of Santa Fe right of way. (Ord. Fourth Street and west line of Osborne Street.
2033, 5-19-17). (~1, Ord. 3947, 8-11-30).
27-235. Eleventh Street. North of Bishop Street 27-246. Seventh Street. Part of, from north line
in Depot Addition. (Ord. 633, 3-1-88). of Iron Avenue north 100 feet. (~2, Ord. 3985,
11-24-30).
27-236. An Unnamed Street. Between Blocks 8
and Depot Addition. (Ord. 633, 3-1-88).
27.237. An Unnamed Street. North of Block 7
Depot Addition (part of). (Ord. 196, 3-14-77).
27-247. Tenth Street. Part of, north _ of
main line Union Pacific right of way. (~4, Ord.
3499, 1-23-28).
27 -248. Tenth Street. Part of, between Blocks
7 and 8 in Depot Addition, between Bishop Street
and North Street. (Ord. 3122, 6-22-25).
27-238. Antrim Avenue. Part of, between Ninth
Street and then existing west city limits. (Ord.
4118, 11-16-31).
27 -239. Chester A venue. From south
Lincoln Street to north line of Missouri
right of way. (Ord. 3884, 5-12-30).
27-249. Twelfth Street. Part of, between Iron
line of Avenue and Walnut Street. (Ord. 3448, 8-8-27).
Pacific 27-250. Woodlawn Avenue. Between Ninth
Street and Highland Avenue. (Ord. 3886, 5-19-30).
.
Ch. 27, Art. 3
ARTICLE 3.-Alleys Opened.
STREETS and ALLEYS.-Alleys Opened.
(Ord.
307
27-311. Alley Block 7, Depot Addition.
196, 3-19-77).
27-301. Alley between Elm and Ash, Fourth to
Fifth (part). (Ord. 1643, 1-18-12).
27 -312. Alley between Third and Fourth, from
Prescott to Crawford. (Ord. 1265, 7-17-05).
27-302. Alley between Highland and Ninth,
Crawford to Bond. (Ord. 1471, 3-15-09; Ord. 1478,
4-19-09).
27 -303. Alley between College A venue and West
Street, through Blocks 1 and 6 in Morrison's 3rd
Addition as then existing. (S2, Ord. 1469, 3-15-
09).
27-313. Alley between Fourth and Fifth, from
Crawford to Bond. (Ord. 1364, 2-26-07).
27-314. Alley between Ninth and Tenth, from
South to Morrison. (Ord. 2111, 11-24-17).
27 -315. Alley between Eleventh and Twelfth,
through Block 4, Morrison's 3rd Addition as then
27 -304. Alley between College and Phillips, existing. (S5, Ord. 1469, 3-15-09).
through Blocks 2 and 6, Morrison's 3rd Addition
as then existing. (S3, Ord. 1469, 3-15-09).
27-305. Alley between Phillips and Twelfth,
through Blocks 3 and 6, Morrison's 3rd Addition.
(S4, Ord. 1469, 3-15-09).
27-306. Alley between Santa Fe and Fifth, from
Bond Street south 114.63 feet. (Ord. 1479, 4-19-09).
27-307. Alley between Santa Fe and Highland,
from Crawford to Bond. (Ord. 536, 4-4-87; Ord.
1157, 9-16-02).
.
27-308. Alley between State and Iron, from Elev-
enth to Phillips. (Ord. 1095, 9-17-07).
27-309. Alley between Grand Avenue and Wood-
land, from Ninth to Tenth. (Ord. 1712, 4-21-13).
27-310. Alley between Elm and Pine, west of
Fifth Street widened. (Ord. 2995, 6-9-24).
.
27-316. Alley between Elm and Ash, from Santa
Fe to Fifth Street. (Ord. 3677, 3-24-27). (This
alley originally opened Ord. 1178, 3-15-03; vacated
by Ord. 2323, 4-10-20).
27-317. Alley East from Seventh Street, north
of South Street, (north 15 feet, lot 181 on 7th
Street). (Ord. 3282, 8-16-26).
27 -318. Alley between Santa Fe and Fifth, north
of Elm being the south 170.5 feet of said alley.
(SI, Ord. 3307, 11-1-26).
27-319. Alley between Fourth and Fifth, south
of Elm through Lots 58 and 60 on Fourth Street,
Original Townsite. (Ord. 3203, 1-11-26).
27 -320. Alley between Iron and Walnut, from
Eighth Street east to west line of alley between
Seventh and Eighth along north line of Lot 117
on Eighth Street. (Ord. 4610, 1-21-36).
.
ARTICLE 4.-Alleys Vacated.
STREETS and ALLEYS.-Alleys Vacated.
Ch. 27, Art. 4
27-419. Alley between Santa Fe and Fourth,
south of Jewell. (Ord. 2757, 4-23-23).
Alley between Ash and Park, from Ninth
(Ord. 1619, 7-31-11).
27 -421. Alley between Santa Fe and Highland,
from Minneapolis to Jewell. (Ord. 1266, 7-17-05).
27 -403. Alley between Elm and Ash, along south
side of Lot 56 on Fourth Street. (Ord. 2873, 11-
10-23) .
27 -401.
to Tenth.
27-402.
of Fourth
27-404. Alley between Elm and Ash, from Santa
Fe to Fifth (part of). (Ord. 1643, 1-18-12).
27-405. Alley between Elm and Ash, from Fourth
to Fifth (part of). (Ord. 1643, 1-18-1912).
27 -406. Alley between Elm and Pine, east of
Santa Fe Avenue. (Ord. 2995, 6-9-24).
27 -422. Alley between Santa Fe and Highland,
from Jewell to Kirwin. (Ord. 1743, 1-19-14).
27-423. Alley between Santa Fe and Highland,
from Kirwin to Claflin. (Ord. 1420, 6-3-08).
27-424. Alley between Spruce and Cedar, from
Baker to Phillips. (Ord. 2307, 6-10-20).
27-425. Alley between Walnut to South Street,
from Tenth to Eleventh. (Ord. 716, 9-5-89).
27-426. Alley between Third and Fourth, in Jones
Addition, north of Railroad Avenue. (Ord. 1271,
8-14-05).
27 -408. Alley between Grand and Woodland,
from Ninth to Tenth. (Ord. 1712, 4-21-13).
27 -407. Alley between Front and Second, from
Elm to Pine (part of). (Ord. 2389, 5-28-21).
27-427. Alley between Third and Fourth, north
of Pine Street. (Ord. 2587, 9-16-22).
Alley between Kirwin and Claflin, from
to Highland. (Ord. 1420, 6-3-08).
27-409.
Santa Fe
.
27 -410. Alley between
from Phillips to College.
27-428. Alley between Third and Fourth, from
Ash to Elm and from Elm to Pine. (Ord. 2181,
Morrison and Prescott, 5-2.5-18).
(Ord. 2665, 1-20-23).
27-430. Alley between Third and Fourth, south
of Iron to Smoky Hill River. (Ord. 453, 7-20-
and College, 1885; Ord. 1545, 1-19-12).
of Morrison's 27-431. Alley between Fourth and Fifth, in Jones
Addition south of Railroad Avenue, 50 feet. (Ord.
1271, 8-14-05).
Beloit, east
27-411. Alley between Morrison and Washing-
ton, east of Tenth Street along south side of Block
6, Morrison's 3rd Addition as then existing. (Ord.
1158, 9-16-02).
27-412. Alley between Phillips
through Block 2 in replat of part
3rd Addition. (Ord. 2666, 1-26-23).
27-413. Alley between Republic and
of Highland. (Ord. 1878, 9-6-15).
27-429. Alley between Third and Fourth, from
Ash to Iron. (Ord. 479, 1-18-86).
309
27-432. Alley between Fourth and Fifth, in Jones
Addition north of Railroad Avenue. (Ord. 1271,
27-414. Alley Between Republic and Beloit, west 8-14-05).
of Santa Fe. (Ord. 2528, 7-1-22).
27 -433. Alley between Fourth and Fifth, from
27-415. Alley between Santa Fe and Fifth, from Elm to Pine (part of). (Ord. 1216, 2-15-04).
Elm to Ash (part of). (Ord. 1172, 1-19-03). 27-434. Alley between Fourth and Fifth, south
27-416. Alley between Santa Fe and Fifth, from of Elm. (Ord. 1296, 1-15-06).
Pine to North (subject to easements for polls and
mains.) (Ord. 1453, 11-18-08).
27 -435. Alley between Seventh and Eighth, from
North Street, north to Union Pacific right of way.
27-417. Alley between Santa Fe and Fifth, north (Ord. 2112, 12-8-17; Ord. 2198, 7-20-18).
of Elm (subject to easements for poles and wires). 27-436. Alley between Seventh and Eighth, from
(Ord. 1660, 6-17-12). (reopened in park, see 27- North Street south to Santa Fe right of way. (Ord.
319; ~1, Ord. 3307, 11-8-26). 2033, 5-19-17).
27-418. Alley between Santa Fe and Seventh, 27-437. Alley between Ninth and Tenth, north
north of North Street. (Ord. 478, 1-18-86). lof Grand Avenue. (Ord. 1712, 4-21-13).
.
310
STREETS and ALLEYS.-Alleys Vacated.
27-438.
of Bishop.
Alley between Ninth and Tenth, south
(Ord. 140, 11-19-74).
----~~---
Ch. 27, Art. 4
27 -454. Alley East and West across Blocks 2
and 3, Sunny Side Addition as then existing. (Ord.
1401, 2-17-08).
27-439. Alley between Tenth and Eleventh, north
of South Street to Maple Grove Addition. (Ord.
2559, 8-12-22).
27-455. Alley between Kirwin Avenue and Claf-
lin Avenue, from Fourth to Osborne (subject to
certain easements). (Ord. 4462, 8-27-34).
27-440. Alley between Twelfth and Thirteenth,
south of North Street in Block 14, Depot Addition.
(Ord. 746, 7-24-90).
27-456. Alley between Jewell Avenue and Ells-
worth Avenue, from Santa Fe to Fourth (subject
27-441. Alley along east side of Atherton and to certain easements). (Ord. 3361, 4-25-27).
Phillips Addition. (Ord. 2173, 5-6-18).
27-457. Alley between Second and Third, from
27-442. Alley from Crawford to Bond, north and Walnut Street to Smoky Hill River. (Ord. 3370,
south across Block 3, Bond's Addition as originally 5-2-27).
platted. (Ord. 1364, 2-26-07).
27 -458. Alley between Russell A venue and Cloud
27-443. Alley from Bond to Wilson, east of Avenue, from Fourth to Osborne. (S2, Ord. 3947,8-
Fourth Street. (Ord. 1999, 11-9-16). 11-30).
27-444. Alleys in Block 7, Depot Addition. (Ord.
196, 3-19-77).
27-445. Alleys in Blocks 8-12 and 13, Depot Ad-
dition. (Ord. 633, 3-1-88).
27-459. Alley between Russell and Claflin from
Fourth to Osborne. (S3, Ord. 3947, 8-11-30).
27 -460. Alley between Second and Third, from
Pine to North Street. (S4, Ord. 3947, 8-11-30).
27-446. Alley along South Side of Block 6, Mor- 27-461. Alley between Highland and Ninth, south
rison's 3rd Addition as then existing east of Tenth of Ellsworth. (Ord. 3485, 12-5-27).
Street. (Ord. 1158, 9-16-02).
27 -462. Alley between Park and Ash, from Mis-
27-447. Alley East and West Through Blocks SOUI'i Pacific right-of-way west 158 feet. (Ord.
1, 2, 3 and 4, Morrison's 3rd Addition as then exist- 3308, 11-8-26).
ing. (Sl, Ord. 1469, 3-15-09).
27-448. Alley along South Side of Block 1, Mor-
rison replat of part of Morrison's 3rd Addition as
then existing west of Eleventh Street. (Ord. 1746,
2-16-14) .
27-449. Alley running North and South in Block
3, Morrison's replat of part of Morrison's 3rd Ad-
dition as then existing west of Eleventh Street
(south 140 feet). (Ord. 1746, 2-16-14).
27 -463. Alley between Santa Fe and Fifth, south
of Pine. (Ord. 3587, 8-6-28).
27 -464. Alley between Twelfth and Phillips,
from South to Morrison. (Ord. 3500, 1-30-28).
27-465. Alleys in Blocks 4, 5, 6, 7, 8 and 9, Cal-
kins Addition (vacating certain portions). (Ord.
3529, 4-30-28).
27-450. Alley running North and South in
dIe of Block 1, Morrison's 2nd Addition as
existing. (Ord. 1746, 2-16-14).
27 -466. Alley between Second and Front, from
Mid- Pacific to Woodland. (Ord. 3684, 4-1-29).
then
27-451. Alley running North and South in Mid-
dle of Block 1, Morrison's replat of part of Mor-
rison's 3rd Addition west of El,;venth Street. (Ord.
1746, 2-16-14.)
27-467. Alley between Santa Fe and Seventh,
north of South. (Ord. 3282, 8-16-26).
27-468. Alleys in Block 5 and 10 in Depot Addi-
tion, (subject to certain reservations and ease-
ments). (Ord. 3809, 11-12-29; Ord. 3818, 12-16-29).
27-469. Alley between Iron and Johnstown, from
27-452. Alley running North and South in Block Penn to Columbia. (Ord. 3761, 8-5-29).
3, South Park Addition as then existing. (Ord.
1746, 2-16-14).
27-470. Alley between Russell and Cloud, from
Fourth to Osborne. (S2, Ord. 3947, 8-11-30).
27-453. Alley running North and South in Block
4, South Park Addition as then existing. (Ord.
1746, 2-16-14).
27 -4 71. Alley between Russell and Claflin, from
Fourth to Osborne. (S2, Ord. 3947, 8-11-30).
.
Ch. 27, Art. 4
STREETS and ALLEYS.-Alleys Vacated.
311
27-472. Alley between Second and Third, from ments).
Pine to North. (~4, Ord. 3947, 8-11-30).
(Ord. 4033, 3-16-31).
27-473. Alley between Penn and Columbia, north
of Gypsum (subject to certain easements and reser-
vations). (Ord. 3836, 2-17-30).
27-474. Alleys in and adjacent to Blocks 1 and 2
in Pleasant View Addition (subject to certain ease-
27-475. Alley between Fourth and Fifth, west
of Lots 56 and 58 on Fourth Street and east of
Lots 55 and 57 on Fifth Street, Original Townsite.
(Ord. 3203, 1-11-26).
27-476. Alley between Seventh and Eighth, for
150 feet south of Iron. (Ord. 4610, 1-21-36).
.
.
.
Ch. 28
TRASH, WASTE, GARBAGE, ETC.
CHAPTER 28.-TRASH, WASTE,
GARBAGE, E'l'C.
.
28-101. Thrawing dirt, filth, sweepings, manure,
etc., 'On any lats, streets, etc. It shall be unlawful
far any per san ta thraw, place 'Or depasit, 'Or leave
'Or cause ta be thrawn, placed 'Or depasited 'Or left
an any private premises within the City 'Of Salina,
except as hereinafter pravided far, 'Or in any 'Of
the public streets, highways~ alleys, lanes, lats,
parks 'Or tharaughfares 'Of said City, any dirt, filth,
sewerage, sweepings, rakings, dung, excrement,
campast, papers, cans stable manure, baxes, leaves,
ashes, grass, weeds, vegetables, slap 'Or litter 'Of
any kind, fram and after the taking effect 'Of this
'Ordinance. (SI, Ord. 2772, 5-14-23).
28-102. Private premises kept clean. All private
premises in said City and the vacant space in the
rear 'Of any business lat, hause, 'Or mercantile estab-
lishment between the rear 'Of the building and the
alley, if any such vacant space there be, shall at
all times, be kept clean and clear 'Of all 'Of the
matter set farth in Sectian 1 herein, and the 'Occu-
pant 'Or 'Occupants 'Of the graund flaar 'Of any busi-
ness hause 'Or mercantile establishment, as set farth
herein, shall be and is hereby charged with the
duty 'Of keeping said space clean, except such refuse
'Or filth as may be depasited by ather 'Occupants
'Of such buildings, whase duty it shall be ta remave
the same. (92, Ord. 2772, 5-14-22).
28-103. Occupants 'Of graund floor respansible.
It shall be the duty 'Of the 'Owner, 'Or the 'Occupant
'Of the graund flaar, if the same be nat 'Occupied by
the 'Owner, ta keep the graund flaar, and the space
between the rear 'Of the building and alley clean
and free fram all matter enumerated in Secti'On 1.
(93, Ord. 2772, 5-14-22).
28-104. Pravide metal receptacle; remaval 'Of
can tents ; fly pr'O'Of; c1ased. It shall be the duty
'Of every 'Owner 'Or 'Occupant 'Of any residence, busi-
ness hause, hatel baarding hause, mercantile 'Or
ather business establishment within said City ta
within thirty (30) days fram the taking effect 'Of
this 'Ordinance pravide a tight metal receptacle in
which ta place 'Or depasit all matter set farth in
Sectian One (1) hereaf, and the cantents 'Of all
such receptacles shall be remaved in a careful and
cleanly manner fram all business hauses, restaur-
ants, hatels, baarding hauses, mercantile 'Or ather
Dusiness establishments in said City at least 'Once
each day, and shall be remaved fram all residences
nat less than 'Once each week between the first
(1st) days 'Of Octaber and April 'Of each year and
.
nat less than twice each week between the first
day 'Of April and the first day 'Of Octaber each
year. All such receptacles shall be pravided with
fly-praaf cavers and shall be kept clased except
at such times as matter is being placed therein
'Or remaved therefram. (S4, Ord. 2772, 5-14-22).
28-105. Vialatian 'Of 'Ordinance; penalty. Any
persan, firm 'Or carparatian vialating any 'Of the
terms 'Of this 'Ordinance shall upan canvictian be
fined in any sum nat exceeding Fifty Dallal'S
($50.00) and be cammitted ta the City jail until
such fine is paid. (!i5, Ord. 2772, 5-14-22).
28-106. Public nuisance; penalty. That it is
hereby declared ta be a public nuisance and un-
lawful far any persan awning, 'Occupying 'Or having
cantral 'Of any lat, tract 'Or parcel 'Of graund in the
City 'Of Salina, Kansas, ta thraw, place 'Or depasit,
'Or permit the thrawing, placing, depasiting 'Or ac-
cumulatian therean 'Of any filth, sweepings, rak-
ings, excrement, papers, cans, stable manure, baxes,
weeds, trash, rubbish, waste 'Or litter 'Of any kind
whatsaever, and that any persan wha shall knaw-
ingly permit such a nuisance ta 'Obtain and exist
thraugh any 'Of the causes herein enumerated 'Or
wha shall knawingly vialate any 'Of the pravisians
hereaf shall, upan canvictian, be punished by a fine
'Of nat less than Five Dallal'S ($5.00) and nat mare
than One Hundred ($100.00) Dallal'S. (!iI, Ord.
2489, 4-24-1922).
28-107. Natice ta 'Owner, 'Occupant 'Or agent;
abatement by City; assess castS. That in all cases
where the 'Owner, 'Occupant, agent 'Or ather persan
having cantral 'Of any praperty in said City upan
which any nuisance has 'Obtained and exists by
reasan 'Of any 'Of the things defined in Sectian One
(1) hereaf, shall fail, refuse 'Or neglect ta abate
'Or remave said nuisance within five (5) days after
receiving written natice by the City 'Of Salina sa
ta da, then said City may abate and remave said
nuisance and shall assess against the praperty an
which said nuisance has been abated the cast and
expense 'Of said abatement, which special assess-
ment shall be by the City Clerk 'Of Salina, Kansas,
certified ta the Caunty Clerk 'Of Saline Caunty,
Kansas, and callected as ather special assessments
are callected. (li2, Ord. 2489, 4-24-1922).
28-108. Sweepings fram business buildings in
streets. That it shall be unlawful far any persan,
ca-partnership 'Or carparatian 'Of any agent, servant,
emplayee, member, 'Officer 'Or representative there-
'Of ta sweep 'Or 'Otherwise depasit any dust, dirt,
papers, sweepings 'Or ather refuse fram the interiar
313
314
TRASH, WASTE, GARBAGE, ETC.
Ch.28
?f any s~ore, offic~ or ?ther building or part .the~eof II representative, servant, employee, member, officer
m the CIty of Salma mto or upon any publIc slde- 01" manager of any such person, firm or corpora-
walk, street or alley in said City. (S1, Ord. 3050, tion to dump, place or throw or to direct or cause
12-8-1924. See also Sees. 15-159 to 15-162). the dumping, placing or throwing, of any dirt,
stone, garbage, trash, trees or parts thereof, papers,
cans, manure, ashes or any offensive, obnoxious or
unsightly matter of any kind into or on or about
the banks of the Smoky Hill River at any place
within or adjoining the City limits of the City of
Salina, without first securing special permission
therefor, from the Board of Commissioners of the
City of Salina, by action taken at a regular meet-
ing of said Board. (S1, Ord. 3249,5-17-26).
28-109. Violation of Sec. 28-108; penalty. Any
person who shall violate or permit the violation
of this ordinance by any person in his employ or
under his custody, supervision, charge or direction,
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in any sum not
exceeding $25.00. (g2, Ord. 3050, 12-9-1924).
28-110. Who responsible for observance of Sec.
28-108. The owner, manager or person in charge
of any business, store or building in the City of
Salina shall be deemed to be responsible for the
observance of the provisions of this ordinance by
all persons in his employ or under his direction
and shall be deemed guilty of the violation of this
ordinance by any such servant or employee, pro-
vided however, that the provisions of this section
shall not be deemed to relieve the person actually
violating the same from punishment for such vio-
lation. (S3, Ord. 3050, 12-8-1924).
28-111. Garbage hauling; regulated; require-
ments; violations; penalty. That no garbage, of-
fal, gleanings or refuse from poultry dressing
plants or packing houses or other spoiled and de-
cayed vegetable or animal matter shall be hauled
or transferred thl'ough or over the public streets,
alleys or thoroughfares in the City of Salina, Kan-
sas, except in non-leaking barrels, vats or tanks
provided with tightly fitting covers sufficient to
prevent the contents thereof or effluvia therefrom,
or any noisome or offensive odors arising there-
from to escape from such containers, and that any
such containers shall be kept in a clean and sani-
tary condition, and any person, firm or corpora-
tion, or any agent, representative, employee or
member thereof who shall haul or transport or who
shall cause or direct the hauling or transportation
of any such substance through or over any street,
alley or public thoroughfare within said city, ex-
cept in containers as herein provided for, or who
shall fail to keep such containers in a clean and
sanitary condition, shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be fined
not less than $5.00 and not more than $50.00 for
each offense. (S1, Ord. 3168, 10-12-25).
28-112. Unlawful to Dump Trash, Dirt, etc., in
Smoky Hill River; special permission. That it shall
be unlawful for any person, firm or corporation
either on his or their own behalf or as the agent,
28-113. Same; removal. That every such per-
son, firm or corporation shall when so ordered by
the Board of Commissioners of the City of Salina,
remove from said Smoky Hill River or from the
banks thereof any dirt, stone, garbage, trash, trees
or parts thereof, papers, cans, manure, ashes, or
any offensive, obnoxious or unsightly matter of any
kind, which may have been heretofore or may here-
after be placed, thrown or dumped into said river
or on or along the banks of said river, adjacent to
or on the property owned or occupied by them, or
under their control, or placed, thrown or dumped
by them or at their direction at any other point
in, on or along said river or river banks. (S2, Ord.
3249, 5-17-26).
28-114. Violations; penalty. That any such per-
son, firm or corporation who shall violate any of
the provisions of Section 1 of this ordinance, or
who shall fail within 5 days after receipt of notice
of the order mentioned in Section 2 of this ordi-
nance to remove from the river or river banks any
of the material ordered to be removed shall be
deemed guilty of a misdemeanor and for each of-
fense shall be fined not less than $25.00 nor more
than $100.00 or be imprisoned not more than ten
days, or both, and any such person so fined shall
be committed to jail until such fine and the costs
of said action are paid; provided that each day's
failure to remove any of the material ordered to
be removed as provided for in Section 2 of this
ordinance, after the expiration of five days from
the receipt of notice thereof, shall be deemed a
separate offense. (S3, Ord. 3249, 5-17-26).
28-115. Same; Public Nuisance. That any such
dirt, stone, garbage, trash, trees or parts thereof,
papers, cans, manure, ashes or any offensive, ob-
noxious or unsightly matter of any kind, thrown,
placed or dumped into the Smoky Hill River or on
or along the banks thereof, or permitted to remain
in said river or on or along the banks thereof in
.
Ch. 28
TRASH, WASTE, GARBAGE, ETC.
315
violation of the provisions of this ordinance, shall nuisance so existing shall be abated by the City of
be deemed to constitute a public nuisance, and upon Salina at the cost of such person, firm or corpora-
the failure of any person, firm or corporation to tion, and if such cost be not paid within five days,
remove the same from said river, or river banks, after a statement thereof shall be presented, such
on or adjacent to any property owned by such per- cost shall be assessed against the property and
son, firm or corporation, within 5 days from the shall be certified by the City Clerk to the County
service upon said person, firm or corporation or Clerk of Saline County, Kansas, in the same man-
upon the agent, occupant, or person in control of ner and at the same time other taxes are certified,
said property, of a notice so to do, served in the and collected as other special assessments are col-
same manner as summons in a civil action, the lected. (~4, Ord. 3249, 5-17-26).
.
.
.
.
Ch.29
TRAFFIC CODE.-Ordinance.
317
CHAPTER 29.-TRAFFIC CODE. not so constructed as to carry a load other than
a part of the weight of the vehicle and load so
(Published in the Book of Revised Ordinances, City drawn.
of Salina, Kansas, 1939)
ORDINANCE NO. 4953.
An Ordinance regulating vehicular and pedestrian
traffic and the use and parking of vehicles upon
the public streets and elsewhere in the City of
Salina, Kansas, defining certain words and terms
used herein, and repealing ordinances numbered
2958, 3209, 3474, 4136, 4476, 4518, 4519, 4520, 4695
and 4851 and all other ordinances and sections of
ordinances in conflict herewith, and providing pen-
alties for the violation of this ordinance.
Be It Ordained by the Board of Commissioners of
the City of Salina, Kansas:
29-101" Section 1. Definition of Words and
Phrases: The following words and phrases when
used in this ordinance shall, for the purpose of
this ordinance, have the meanings respectively as-
cribed to them in this section, and such definitions
shall also apply to such terms when used in any
other ordinance of said city unless specifically in
conflict with the terms of such other ordinance.
.
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.
Motor Vehicles. Every vehicle, regardless of
size, which is self-propelled and every vehicle which
is propelled by electric power obtained from over-
head trolley wires, but not operated upon rails.
Motorcycle. Every motor vehicle, regardless of
size, having a saddle, seat or standing space for
the use of the rider, including vehicles commonly
known as motor scooters, and designed to travel on
not more than three wheels in contact with the
ground, but excluding a tractor.
Authorized Emergency Vehicle. Vehicles of the
fire department, fire patrol, police vehicles, and
such ambulances and emergency vehicles as are
designed or authorized by the Board of Commis-
sioners or the Chief of Police.
School Bus. Every motor vehicle owned by a
public or governmental agency and operated for the
transportation of children to or from school, or
privately owned and operated for compensation for
the transportation of children to or from school.
Truck Tractor. Every motor vehicle designed
and used primarily for drawing other vehicles and
.
Farm Tractor. Every motor vehicle designed
and used primarily as a farm implement for draw-
ing plows, mowing machines, and other implements
of husbandry.
Road Tractor. Every motor vehicle designed and
used for drawing other vehicles and not so con-
structed as to carry any load thereon either inde-
pendently or any part of the weight of a vehicle
or load so drawn.
Trailer. Every vehicle without motive power de-
signed 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.
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
rests upon or is carried by another vehicle.
Pneumatic Tire. Every tire in which compressed
air is designed to support the load.
Solid Tire. Every tire of rubber or other resilient
material which does not depend upon compressed
air for the support of the load.
Metal 'fire. Every tire the surface of which, in
contact with the highway, is wholly or partly of
metal or other hard non-resilient material.
Railroad. A carrier of persons or property upon
cars, other than street cars, operated upon station-
ary rails.
Railroad Train. A steam engine, electric or other
motor, with or without cars coupled thereto, oper-
ated upon rails, except street cars.
Street Car. A car other than a railroad train
for transporting persons or property and operated
upon rails principally within a municipality.
Explosives. Any chemical compound or mechan-
ical 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, 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
318
TRAFFIC CODE.-Ordinance.
the resultant gaseous pressures are capable of pro-
ducing destructible effects on contiguous objects
or of destroying life or limb.
Flammable Liquid. Any liquid which has a flash
point of 70 degrees Fahrenheit, or less, as deter-
mined by a tabliabue or equivalent closed cup test
device.
Commissioner. The commissioner of motor ve-
hicles of this state.
Department. The department of motor vehicles
of this state acting directly or through its duly
authorized officers and agents.
Person. Every natural person, firm, co-partner-
ship, association, or corporation.
Pedestrian. A person afoot.
Driver. Every person who drives or is in actual
physical control of a vehicle.
Owner. A person who holds the legal title of
a vehicle, or in the event a vehicle is the subject
of an agreement for the conditional sale or lease
thereof with the right of purchase upon perform-
ance 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 mort-
gagor shall be deemed the owner for the purpose
of this ordinance.
direct
viola-
Police Officer. Every officer authorized to
or regulate traffic or to make arrests for
tions of traffic regulations.
Street or Highway. The entire width between
property lines of every way or place of whatever
nature when any part thereof is open to the use
of the public, as a matter of right, for purposes
of vehicular traffic.
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 per-
sons.
Roadway. The portion of a highway improved,
designed, or ordinarily used for vehicular travel.
Ch.29
Laned Highway. A highway the roadway of
which is divided into three or more clearly marked
lanes for vehicular traffic.
Through Highway. Every highway or portion
thereof at the entrances to which vehicular traffic
from intersecting highways is required by law to
stop before entering or crossing the same and when
stop signs are erected as provided in this ordi-
nance.
Intersection. The area embraced within the pro-
longation or connection of the lateral curb lines,
or, if none, then the lateral boundary lines of the
roadways of two highways which join one another
at, or approximately at, right angles, or the area
within which vehicles traveling upon different high-
ways joining at any other angle may come in con-
flict.
Crosswalk. That portion of a roadway ordinarily
included within the prolongation or connection of
the lateral lines of sidewalks at intersections. Any
portion of a roadway distinctly indicated for pedes-
trian crossing by lines or other markings on the
surface.
Safety Zone. The area or space officially set
apart within a roadway for the exclusive use of
pedestrians and which is protected or is so marked
or indicated by adequate signs as to be plainly visi-
ble at all times while set apart as a safety zone.
Business District. The territory contiguous to
and including a highway when fifty percent or
more of the frontage thereon fot a distance of 300
feet or more is occupied by buildings in use for
business, or as now or hereafter specifically desig-
nated by ordinance of this city.
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 300 feet or more is in the main im-
proved with residence or residences and buildings
in use for business, or as now or hereafter speci-
fically designated by ordinance of this city.
Official Traffic Control Devices. All signs, sig-
nals, markings, and devices, not inconsistent with
this ordinance, placed or erected by authority of
a public body or official having jurisdiction, for
the purpose of regulating, warning, or guiding
traffic.
Sidewalk. That portion of a street between the
curb lines, or the lateral lines of a roadway, and
the adjacent property lines intended for the use Official Traffic Control Signal. Any sign, signal,
of pedestrians. I or device erected by authority of a public body
.
.
.
Ch. 29
TRAFFIC CODE.-Ordinance.
:nD
or official or by a railroad and intended to give
notice of the presence of railroad tracks or the
approach of a railroad train.
Traffic. Pedestrians, ridden or herded animals,
vehicles, street cars, and other conveyances either
singly or together while using any highway for
purposes of travel.
Right-of-Way. The privilege of the immediate
use of the highway.
Alley. Every passage way between two parallel
streets, used by the public.
Stop. When required means complete cessation
of movement.
Stop or Stopping. When prohibited means any
stopping of a vehicle except when necessary to
avoid conflict with other traffic or in compliance
with the direction of a police officer or traffic con-
trol sign or signal.
Standing. Any stopping of a vehicle, whether
occupied or not.
Park. The standing of a vehicle, whether occu-
pied or not, otherwise than temporarily for the pur-
pose of and while actually engaged in loading or
unloading.
Official Time Standard. Whenever certain hours
are named herein they shall mean standard time
or daylight saving time as may be in current use
in this city.
29-102. Section 2. Provisions of Ordinance refer
to vehicles upon the highways; exceptions. The pro-
visions of this ordinance relating to the operation
of vehicles refer exclusively to the operation of
vehicles upon highways except: 1. Where a dif-
ferent place is specifically referred to in a given sec-
tion. 2. The provisions of Sections 19 to 26 in-
clusive and Section 81, shall apply upon highways
and elsewhere throughout the city.
29-103. Section 3. Required Obedience to Traf-
fic Laws; Misdemeanors. It is unlawful, and, un-
less otherwise declared in this title with respect
to particular offenses, it is a misdemeanor for any
person to do any act forbidden or fail to perform
any act required in this ordinance.
29-104. Section 4.. Obedience to Police Officers.
No person shall wilfully 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.
29-105. Section 5. Public Officers and Employees
to Obey Ordinance; Exceptions. (a) The provi-
sions of this ordinance applicable to the drivers
of vehicles upon the highways shall apply to the
drivers of all vehicles owned or operated by the
United States, this state or any county, city, town,
district, or any other political sub-division of the
state, subject to such specific exceptions as are
set forth in this ordinance with reference to author-
ized emergency vehicles. (b) The driver of any
authorized emergency vehicle when responding to
an emergency call upon approaching a red or stop
signal or any stop sign shall slow down as neces-
sary for safety, but may proceed cautiously past
such red or stop sign or signal. At other times
drivers of authorized emergency vehicles shall stop
in obedience to a stop sign or signal. (c) No
driver of any authorized emergency vehicle shall
assume any special privilege under this ordinance
except when such vehicle is operated in response
to an emergency call, or in the immediate pursuit
of an actual or suspected violator of the law. (d)
The provisions of this act shall not apply to per-
sons, teams, motor vehicles and other equipment
while actually engaged in work upon the surface
of a highway, but shall apply to such persons and
vehicles when traveling to or from such work.
29-106. Section 6. Traffic Laws Apply to Per-
sons Riding Bicycles or Animals or Driving Animal-
drawn Vehicles. Every person riding a bicycle or
an animal or driving any animal drawing a vehicle
upon a roadway or driving or leading any animal
or animals, shall be subject to the provisions of
this ordinance applicable to the drivel' of a vehicle,
except those provisions of this ordinance which by
their nature can have no application.
29-107. Section 7. Driver's License Required.
No person, except those expressly exempt in Chap-
ter-73 of the Laws of Kansas for 1937, shall drive
any motor vehicle upon any street, alley or public
way in the City of Salina, Kansas, unless such per-
son has been licensed as an operator or chauffeur
as provided by the Laws of Kansas.
29-108. Section 8. Same. It shall be unlawful
for any person within the City of Salina to author-
ize 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 who
does not have a valid drivers or chauffeurs license.
29-109. Section 9. License Number. Every
motor vehicle operated on the streets of the City
of Salina shall carry a state license number plate
as provided by the statutes of the State of Kan-
320
TRAFFIC CODE.-Ordinance.
Ch.29
sas. It shall be unlawful for any person or per-
sons to remove, conceal, alter, mark or deface the
license number plate or any other mark of identi-
fication upon any vehicle. License plates shall be
kept clean and shall be so placed on said vehicles
so as to be plainly legible.
29-110. Section 10. Driving Vehicle When Li-
cense Revoked or Suspended; Penalty. Any person
whose operators' or chauffeurs' license has been
suspended or revoked and who shall drive any motor
vehicle upon any highway in the City of Salina
while such license is suspended or revoked shall be
deemed guilty of a misdemeanor.
29-111. Section 11. Violation of Sections 7 to 10.
Any person who shall be found guilty of violating
any of the terms or provisions of Sections 7, 8,
9 or 10 of this ordinance, shall upon conviction
be adjudged guilty of a misdemeanor, and be fined
in any sum not exceeding $500.00 or be imprisoned
in the City jail not exceeding six months, or by
both such fine and imprisonment.
29-112. Section 12. This Ordinance not to Inter-
fere with Rights of Owners of Real Property with
Reference Thereto. Nothing in this ordinance 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 re-
quiring other or different or additional conditions
than those specified in this ordinance or otherwise
regulating such use as may seem best to such owner.
29-113A. Section 13A. Traffic Control Devices.
It shall be the general duty of the City Manager
to determine the installation and proper timing and
maintenance of traffic control devices.
29-113B. Section 13B. Same; Placing. The City
Manager shall place and maintain traffic control
devices when and as required under this and other
traffic ordinances of this city to make effective
the provisions of such ordinances, and may place
and maintain such additional traffic control devices
as the Board of Commissioners may deem neces-
sary and so order to regulate traffic under the
traffic ordinances of this city or under state law,
or to guide or warn traffic.
29-113C. Section 13C. Same; On State Highway
Links. All traffic control devices erected on any
street designated by the State Highway Commis-
sion as a connecting link in the State Highway
system shall conform to the manual and specifica-
tions approved by the State Highway Commission,
except as herein specifically provided for. All traf-
fic control devices erected pursuant to this or any
other ordinance and not inconsistent with the pro-
visions of state law or this ordinance shall be of-
ficial traffic control devices.
29-113D. Section 13D. Same; State Control on
State Highway Links. In placing and maintaining
traffic control devices to indicate and carry out
the provisions of state law or city ordinances, or
to regulate, warn, or guide traffic, the governing
body and city officers and employees shall be sub-
ject to the direction and control of the State High-
way Commission in reference to streets designated
by said Commission as connecting links in the State
Highway System.
29-113E. Section 13E. Signs at One-way Streets
and Alleys. Whenever, by this or any other ordi-
nance, a one-way street or alley is described or any
time limit parking is imposed, it shall be the duty
of the City Manager to erect appropriate signs
giving notice thereof, and no such regulation shall
be effective until said signs are erected.
29-113F. Section 13F. City Manager to erect
signs on through streets and to determine and post
stop and reduced speed intersections. Whenever
any ordinance of this city designates and describes
a through street it shall be the duty of the City
Manager to place and maintain a stop sign on
each and every street intersecting such through
street or that portion thereof described and desig-
nated as such by an ordinance of this city.
29-113G. Section 13G. Same; City Manager to
Designate Zones and Lanes. The City Manager is
hereby authorized: (1) to designate and maintain,
by appropriate devices, marks or lines upon the
surface of the roadway, crosswalks and intersec-
tions where in his opinion there is particular danger
to pedestrians crossing the roadway, and at such
other places as may be deemed necessary; (2) to
establish safety zones of such kind and character
and at such places as he may deem necessary for
the protection of pedestrians; (3) and to mark
lanes for traffic on street pavements at such places
as he may deem advisable consistent with this ordi-
nance and other traffic ordinances of this city.
29-114. Section 14. Obedience to Official Traf-
fic-control Devices. No driver or rider of a vehicle
shall disobey the instructions of any official traf-
fic-control device placed in accordance with the
provisions of this ordinance unless at the time
otherwise directed by a police officer.
-.
.
.
.
Ch.29
TRAFFIC CODE.-Ordinance.
;~~j
29-115. Section 15. Traffic-control Signal Leg-
end. Whenever traffic is controlled by traffic con-
trol signals exhibiting the words "go", "caution",
or "stop", or exhibiting different colored lights
successively one at a time, the following colors
only shall be used and said terms and lights shall
indicate as follows:
(a) Green alone or "go". (1) Vehicular traffic
facing the signal may proceed straight through or
turn right or left unless a sign at such place prohib-
its either such turn. But vehicular traffic shall yield
the right-of-way to other vehicles and to pedes-
trians lawfully within the intersection at the time
such signal is exhibited. (2) Pedestrians facing
the signal may proceed across the roadway within
any marked or unmarked crosswalk.
(b) Yellow alone or "caution" when shown fol-
lowing the green or "go" signal. (1) Vehicular
traffic facing the signal shall stop before entering
the nearest crosswalk at the intersection, but if
such stop cannot be made in safety a vehicle may
be driven cautiously through the intersection. (2)
Pedestrians facing such signal are thereby advised
that there is insufficient time to cross the road-
way, and any pedestrian then starting to cross
shall yield the right of way to all vehicles.
(c) Red alone or "stop". (1) Vehicular traffic
facing the- signal shall stop before entering the
nearest crosswalk at an intersection or at such
other point as may be indicated by a clearly visible
line, and shall remain standing until green or "go"
is shown alone. (2) No pedestrian facing such
signal shall enter the roadway unless he can do
so safely and without interfering with any vehicu-
lar traffic.
29-116. Section 16. Flashing Signals. When-
ever flashing red or yellow signals are used they
shall require obedience by vehicular traffic as fol-
lows: (1) Flashing red (stop signal). When a
red lens is illuminated by rapid intermittent flashes,
drivers of vehicles shall stop before entering the
nearest crosswalk at an intersection or at a limit
line when marked, and the right to proceed shall
be subject to the rules applicable after making a
stop at a stop sign. (2) Flashing yellow (caution
signal). When a yellow lens is illuminated with
rapid intermittent flashes, drivers of vehicles may
proceed through the intersection or past such signal
only with caution.
29-117. Section 17. Display of Unauthorized
Signs, Signals, or Markings. (a) 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 railroad sign or signal, and no person shall
place or maintain nor shall any public authority
permit upon any highway any traffic sign or signal
bearing thereon any commercial advertising. This
shall not be deemed to prohibit the erection upon
private property adjacent to highways of signs giv-
ing useful directional information and of a type
that cannot be mistaken for official signs. (b)
Every such prohibited sign, signal, or marking is
hereby declared to be a public nuisance and the
authority having jurisdiction over the highway is
hereby empowered to remove the same or cause
it to be removed without notice.
29-118. Section 18. Interference with Official
Traffic-control Devices or Railroad Signs or Signals.
No person shall without lawful authority attempt
to or in fact alter, deface, injure, knock down, or
remove any official traffic-control device or any
railroad sign or signal or any inscription, shield,
or insignia thereon, or any other part thereof.
29-119. Section 19. Accident Involving Death
or Personal Injuries. (a) The driver of any ve-
hicle involved in an accident resulting in injury
to or death of any person shall immediately stop
such vehicle at the scene of such accident or as
close thereto as possible, but shall then forthwith
return to and in every event shall remain at the
scene of the accident until he has fulfilled the re-
quirements of Section 21. Every such stop shall
be made without obstructing traffic more than is
necessary. (b) Any person failing to stop or tQ
comply with said requirements under such circum-
stances shall upon conviction be punished by im-
prisonment for not more than 1 year or by a fine
of not less than $25.00 nor more than $500.00, or
by both such fine and imprisonment.
29-120. Section 20. Accident Involving Damage
to Vehicle. The driver of any vehicle involved in
any accident resulting only in damage to a vehicle
which is driven or attended by any person shall
immediately stop such vehicle at the scene of such
accident or as close thereto as possible, but shall
forthwith return to and in every event shall re-
main at the scene of such accident until he has
fulfilled the requirements of Section 21. Every
such stop shall be made without obstructing traf-
TRAFFIC CODE.-Ordinance.
Ch. 29
322
fic more than is necessary. Any person failing to
stop 01' comply with said requirements under such
circumstances shall be guilty of a misdemeanor.
29-121. Section 21. 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 avail-
able exhibit his operator's or chauffeur's license
to the person struck or the drivel' 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
person to a physician, surgeon, or hospital for
medical or surgical treatment if it is apparent that
such treatment is necessary or if such carrying is
requested by the injured person.
29-122. Section 22. Duty upon Striking Unat-
tended Vehicle. The driver of any vehicle which
collides with any vehicle which is unattended shall
immediately stop and shall then and there either
locate and notify the operator or owner of such
vehicle of the name and address of the driver and
owner of the vehicle striking the unattended ve-
hicle or shall leave in a conspicuous place in the
vehicle struck a written notice giving the name
and address of the driver and of the owner of
the vehicle doing the striking and a statement of
the circumstances thereof.
29-123. Section 23. Duty upon Striking Fixtures
Upon a Highway. The driver of any vehicle in-
volved in an accident resulting only in damages
to fixtures legally upon or adjacent 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 request and if available exhibit his
operator's or chauffeur's license and shall make re-
port of such accident when and as required in
Section 24 hereof.
29-124. Section 24. Duty to Report Accident.
The driver of a vehicle involved in an accident
resulting in the injury to or death of any person
or in any property damage shall immediately there-
after file with the Police Department of the city
a report of such accident and the driver of a ve-
hicle involved in an accident resulting in an injury
to or death of any person or total property damage
to an apparent extent of $50.00 or more shall with-
in 24 hours after such accident forward a written
report of such accident to the State Vehicle De-
partment upon a form provided and approved by
such department and shall file with the Police De-
partment of the city a copy of any such report so
filed with the State Vehicle Department.
:l9-125. Section 25. When Driver Unable to Re-
port. Whenever the driver of a vehicle is physi-
cally incapable of making a required accident re-
port and there was another occupant in the ve-
hicle at the time of the accident capable of making
a report, such occupant shall make or cause to
make a report and his failure to do so will con-
stitute a violation of this ordinance.
29-126. Section 26. Persons Under the Influence
of Intoxicating Liquor or Narcotic Drugs. (a) It
is unlawful and punishable as provided in sub-
division (b) of this section for any person who is
an habitual user of narcotic drugs or any person
who is under the influence of intoxicating liquor
01' narcotic drugs to drive any vehicle within this
state. (b) Every person who is convicted of a
violation of this section shall be punished by im-
prisonment for not more than one year, or by fine
of not less than $100.00 nor more than $500.00, '01'
by both such fine and imprisonment. On a second
or subsequent conviction he shall be punished by
imprisonment for not less than ninety days nor
more than one year, and in the discretion of the
court, a fine of not more than $500.00.
29-127. Section 27. Reckless Driving. (a) Any
person who drives any vehicle in such a manner
as to indicate either a willful or a wanton disre-
gard for the safety of persons or property is guilty
of reckless driving. (b) Every person convicted
of reckless driving shall be punished upon a first
conviction by imprisonment for a period of not less
than five days or more than ninety days or by
fine of not less than $25 nor more than $500 or
by both such fine and imprisonment, and on second
or subsequent conviction shall be punished by im-
prisonment for not less than ten days nor more
than six months, or by a fine of not less than $50
nor more than $500 or by both such fine and im-
prisonment.
29-128. Section 28. Speed Restrictions. (a) No
person shall drive a vehicle on a highway at a
speed greater than is reasonable and prudent un-
der the conditions then existing.
.
Ch. 29
TRAFFIC CODE.-Ordinance.
328
.
(b) Where no special hazard exists the follow-
ing speeds shall be lawful, but any speed in ex-
cess of said limits shall be prima facie evidence
that the speed is not reasonable or prudent and
that it is unlawful: (1) Twenty (20) miles per
hour in any business district, Thirty (30) miles
per hour in any residence district, and Twenty (20)
miles per hour in any public park, except in school
zones as hereinafter provided for. (2) Speed Limits
Past Schools: No person shall drive any motor
vehicle on any portion of any street adjacent to
any public or private school grounds at any time
when any school children are on or adjacent to
the grounds or buildings of such school, or ap-
proaching the same, at a rate of speed greater
than fifteen (15) miles per hour, or at a rate of
speed greater than is reasonable and proper, hav-
ing regard for the traffic and use of the road and
the condition of the road, nor at a rate of speed
such as to endanger the life or property or limb
of any person; provided further that the driver of
any vehicle traveling on any street adjacent to any
private or public school building, shall bring such
vehicle to a complete stop before passing or ap-
proaching such school building whenever he is sig-
nalled or requested so to do by a traffic officer
or traffic director placed in such street for the
purpose of directing traffic past any such school
building, and after being signalled to stop, it shall
be unlawful for the driver of any such vehicle to
proceed along any such street until such street is
clear of school children and until the person giving
such signal shall have signalled the driver of such
vehicle to proceed. (3) That no person shall drive
any vehicle over or across any wooden floored steel
bridge over any river or creek in the City of Salina,
or any part of which is in the City of Salina, at
a rate of speed greater than fifteen miles per
hour.
(c) The fact that the speed of a vehicle is lower
than the foregoing prima facie limits shall not re-
lieve the driver from the duty to decrease speed
when approaching and crossing an intersection,
when approaching and going around a curve, when
approaching a hill crest, when traveling upon any
narrow or widening roadway, or when special haz-
ards exist with respect to pedestrians or other traf-
fic or by reason of weather or highway conditions,
and speed shall be decreased as may be necessary
to avoid colliding with any person, vehicle, or other
conveyance on or entering the highway in compli-
ance with legal requirements and the duty of all
persons to use due care.
(d) In every charge of violation of this section,
.
the complaint, also the summons, warrant or notice
to appear shall specify the speed at which the de-
fendant is alleged to have driven, also the prima
facie speed applicable within the district or at the
location.
(e) The foregoing provisions of this section
shall not be construed to relieve the plaintiff in
any civil action from the burden of proving negli-
gence as the proximate cause of an accident.
29-129. Section 29. Minimum Speed Regulation.
No person shall drive a motor vehicle at such a
slow speed as to impede or block the normal and
reasonable movement of traffic except when re-
duced speed is necessary :for safe operation or in
compliance with law. Police officers are hereby
authorized to enforce this provision by directions
to drivers, and in the event of apparent willful
disobedience to this provision and refusal to comply
with direction of an officer in accordance herewith,
the continued slow operation by a driver shall be
a misdemeanor.
29-130. Section 30. Special Speed Limitation on
Elevated Structures. (a) No person shall drive
a vehicle over any bridge or other elevated struc-
ture constituting a part of a highway at a speed
which is greater than the maximum speed which
can be maintained with safety to such bridge or
structure, when such structure is sign-posted by the
City of Salina or by the State Highway Commis-
sion as provided for by law. (b) Upon the trial
of any person charged with a violation of this
Section proof of said determination of the maxi-
mum speed by said commission or city and the
existence of said signs shall constitute conclusive
evidence of the maximum speed which can be main-
tained with safety to such bridge or structure.
29-131. Section 31. When Speed Restrictions
Not Applicable. The prima facie speed limitations
set forth in this ordinance shall not apply to author-
ized emergency vehicles when responding to emer-
gency calls and the drivers thereof sound audible
signal by bell, siren, or exhaust whistle. This pro-
vision shall not relieve the driver of an authorized
emergency vehicle from the duty to drive with due
regard for the safety of all persons using the
street, nor shall it protect the driver of any such
vehicle from the consequence of a reckless disre-
gard of the safety of others.
29-132. Section 32. Drive on Right Side of Road-
way; Exceptions. Upon all roadways of sufficient
width a vehicle shall be driven upon the right half
of the roadway, except as follows: (1) When over-
324
TRAFFIC CODE.-Ordinance.
taking and passing another vehicle proceeding in
the same direction under the rules governing such
movement; (2) When the right half of a road-
way is closed to traffic while under construction
or repair; (3) Upon a roadway divided into three
or more marked lanes for traffic under the rules
applicable thereon; or (4) upon a roadway desig-
nated and sign-posted for one-way traffic.
29-133. Section 33. Overtaking a Vehicle on the
Left. The following rules shall govern the over-
taking and passing of vehicles proceeding in the
same direction, subject to those limitations, excep-
tions, and special rules hereinafter stated: (a) The
driver of a vehicle ove.rtaking another vehicle pro-
ceeding in the same direction shall pass to the left
thereof at a safe distance and shall not again drive
to the right side of the roadway until safely clear
of the overtaken vehicle. (b) Except when over-
taking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle on
audible signal and shall not increase the speed of
his vehicle until completely passed by the overtak-
ing vehicle.
29-134. Section 34. When Overtaking on the
Right Is Permitted. (a) The driver of a vehicle
may overtake and pass upon the right of another
vehicle which is making or about to make a left
turn. (b) The driver of a vehicle may overtake
and, allowing sufficient clearance pass another ve-
hicle proceeding in the same direction either upon
the left or upon the right on a roadway with un-
obstructed pavement of sufficient width for four or
more lines of moving traffic when such movement
can be made in safety. No person shall drive off
the pavement or upon the shoulder of the roadway
in overtaking or passing on the right.
29-135. Section 35. Limitations on Overtaking
on the Left. (a) No vehicle shall be driven to the
left side of the center of the roadway in overtaking
and passing another vehicle proceeding in the same
direction unless such left side is clearly visible
and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and pass-
ing to be completely made without interfering with
the safe operation of any vehicle approaching from
the opposite direction or any vehicle overtaken. In
every event the overtaking vehicle must return to
the right-hand side of the roadway before coming
within 100 feet of any vehicle approaching' from
the opposite direction. (b) No vehicle shall, in
overtaking and passing another vehicle or at any
other time, be driven to the left side of the road-
Ch.29
way under the following conditions: (1) When ap-
proaching the crest of a grade or upon a curve
in the highway where the driver's view along the
highway. is obstructed; (2) When approaching
within 100 feet of any bridge, viaduct, or tunnel
or when approaching within 100 feet of or travers-
ing any intersection or railroad-grade crossing;
(3) 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 Commission.
29-136. Section 36. One-way Roadways and
Rotary Traffic Islands. (a) Upon a roadway
designated and sign-posted for one-way traffic a
vehicle shall be driven only in the direction desig-
na ted. (b) A vehicle passing around a rotary
traffic island shall be driven only to the right of
such island.
29-137. Section 37. Driving on Roadways Laned
for Traffic. Whenever any roadway has been di-
vided into three or more clearly marked lanes for
traffic the following rules in addition to all others
consistent herewith shall apply:
(a) A vehicle shall be driven as nearly as prac-
tical entirely within a single lane and shall not be
moved from such lane until the driver has first
ascertained that such movement can be made with
safety.
(b) Upon a roadway which is divided into three
lanes a vehicle shall not be driven in the center
lane except when overtaking and passing another
vehicle where the roadway is clearly visible and
such center lane is clear of traffic within a safe
distance, or in preparation for a left turn or where
such center lane is at the time allocated exclusively
to traffic moving in the direction the vehicle is
proceeding and is sign-posted to give notice of such
allocation.
(c) Official signs may be erected directing slow-
moving traffic to use a designated lane or allocat-
ing specified lanes to traffic moving in the same
direction and drivers of vehicles shall obey the di-
rections of every such sign.
29-138. Section 38. Following Too Closely. (a)
The driver of a motor vehicle shall not follow an-
other vehicle more closely than is reasonable and
prudent, having due regard for the speed of such
vehicle and the traffic upon and the condition of
the highway. (b) The driver of any motor truck
or motor truck drawing another vehicle when trav-
.
Ch.29
TRAFFIC CODE.-Ordinance.
:l2!'i
eling upon a roadway outside of a business or resi-
dence district shall not follow within 150 feet of
another motor truck or motor truck drawing an-
other vehicle. The provisions of this subdivision
shall not be construed to prevent overtaking and
passing, nor shall the same apply upon any lane
specially designated for use by motor trucks.
.
29-139. Section 39. Turning at Intersections. The
driver of a vehicle intending to turn at an inter-
section shall do so as follows: (a) Both the ap-
proach 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. (b) Approach for a left
turn shall be made in that portion of the right
half of the roadway nearest the center line thereof,
and after entering the intersection the left turn
shall be made so as to leave the intersection to the
right of the center line of the roadway being en-
tered. (c) Approach for a left turn from a two-
way street into a one-way ,street shall be made
in that portion of the right half of the roadway
nearest the center 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 en-
tered upon leaving the intersection.
29-140. Section 40. Turning on Curve or Crest
of Grade Prohibited. No vehicle shall be turned so
as to proceed in the opposite direction upon any
curve, or upon the approach to, or near the crest
of a grade, where such vehicle cannot be seen by
the driver of any other vehicle approaching from
either direction within 500 feet.
29-141. Section 41. Starting Parked Vehicle. No
person shall start a vehicle which is stopped, stand-
ing, or parked unless and until such movement
can be made with reasonable safety.
29-142. Section 42. When Signal Required. (a)
No person shall turn a vehicle from a direct course
upon a highway unless and until such movement
can be made with reasonable safety, and then only
after giving a clearly audible signal by sounding
the horn if any pedestrian may be affected by such
movement, or after giving an appropriate signal
in the manner hereinafter provided in the event
any other vehicle may be affected by such move-
ment. (b) A signal of intention to turn right or
left shall be given continuously during not less than
the last 100 feet traveled by the vehicle before
turning. (c) No person shall stop or suddenly
decrease the speed of a vehicle without first giving
.
an appropriate signal in the manner provided here-
in to the driver of any vehicle immediately to the
rear when there is opportunity to give such signal.
29-143. Section 43. Method 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 manner and such signals
shall indicate as follows: (1) Left turn-hand
and arm extended horizontally. (2) Right turn-
hand and arm extended upward or moved with a
sweeping motion from the rear to the front. (3)
Stop or decrease of speed-hand and arm extended
downward.
29-144. Section 44. Vehicles Approaching or En-
tering Intersection. (a) The driver of a vehicle
approaching an intersection shall yield the right-
of-way to a vehicle which has entered the inter-
section from a different highway. (b) When two
vehicles enter an intersection from different high-
ways at the same time the driver of the vehicle on
the left shall yield the right-of-way to the vehicle
on the right. (c) The foregoing rules are modi-
fied at through highways and otherwise as herein-
after stated in this ordinance.
29-145. Section 45. Vehicle Turning Left at
Intersection. The driver of a vehicle within an
intersection intending to turn to the left shall yield
the right-of-way to any vehicle approaching from
the opposite direction which is within the inter-
section or so close thereto as to constitute an imme-
diate hazard, but said driver having so yielded and
having given a signal when and as required by
this act, may make such left turn and the drivers
of all other vehicles approaching the intersection
from said opposite direction shall yield the right-
of-way to the vehicle making the left turn.
29-146. Section 46. Obedience to no-turn Signs
and Turning Markers. (a) Whenever authorized
signs are erected indicating that no right or left
or "U" turn is permitted no driver of a vehicle
shall disobey the directions of any such sign, and
when authorized marks, buttons, or other indica-
tions are placed within an intersection indicating
the course to be travelled by vehicles turning
thereat, no driver of a vehicle shall disobey the
directions of such indications.
(b) It shall be unlawful for the driver of any
vehicle to make a complete "U" turn on Santa Fe
A venue, between and including the intersections of
Santa Fe Avenue and Walnut Street and Santa Fe
Avenue and Ash Street, or at any other intersec-
326
TRAFFIC CODE.-Ordinance.
Ch.29
tion or place on any highway in said city which
may be hereafter designated by ordinance, and the
City Manager shall place propel' signs at such in-
tersections; provided, that no "V" turns or other
turns shall be made on any street unless such turn
can be made without interfering with other traffic
on such street and without danger to other traffic
and only when no other traffic is approaching which
might collide with the vehicle being turned.
(c) The City Manager is authorized to place
markers, buttons, or signs, within or adjacent to
intersections, indicating the course to be traveled
by vehicles turning at such intersections, and such
course to be traveled as so indicated may conform
to or be other than is prescribed by law or ordi-
nance.
29-147. Section 47. 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 with-
out 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.
29-148A. Section 48A. Vehicle Entering Through
Highway or Stop Intersection. (a) The driver of
a vehicle shall stop as required by this ordinance
at the entrance to a through highway and shall
yield the right-of-way to other vehicles which have
entered the intersection from said through high-
way or which are approaching so closely on said
through highway as to constitute an immediate
hazard, but said driver having so yielded may pro-
ceed, and the drivers of all other vehicles approach-
ing the intersection on said through highway shall
yield the right-of-way to the vehicle so proceeding
into or across the through highway.
(b) The driver of a vehicle shall likewise stop
in obedience to a stop sign as required herein at
an intersection where a stop sign is erected at one
or more entrances thereto, although not a part of
a through highway, and shall proceed cautiously,
yielding to vehicles not so obliged to stop which
are within the intersection or approaching so closely
as to constitute an immediate hazard, but may then
proceed.
29-148B.
streets and
Santa Fe
Section 48B. Through Streets. Those
parts of streets described as follows:
Avenue from the south line of Otis
Street to the north line of Claflin Avenue, except
at Pacific Avenue.
Iron Avenue from the west line of College Ave-
nue to the east line of Marymount Road, except
at the entrance to Iron Avenue from the north on
College Avenue.
Ninth Street from the north city limits to the
south line of Cloud Street, except at its intersec-
tion with Pacific Avenue and Broadway Boulevard,
and with Iron Avenue.
Ash Street from the east line of Seventh Street
to the west line of Phillips Street, except at its
intersection with Ninth Street.
College Avenue from the north line of Elm Street
to the south line of Walnut Street except at Iron
Avenue, and except at the entrance to College Ave-
nue from the west on State Street.
State Street from the east line of Broadway
Boulevard to the east line of College Avenue, ex-
cept at the entrance to State Street from the south
on College Avenue.
Pacific A venue from the east city limits to the
west line of Ninth Street, and Broadway Boulevard,
from the west line of Ninth Street to the south
city limits.
. Walnut Street from the west line of Ninth Street
to the east line of Broadway Boulevard,
except where intersections are controlled by traf-
fic signal lights, are hereby declared to be through
highways for the purpose of this ordinance.
29-148C Section 48C. Additional Stops. No ve-
hicle shall enter any of the following named streets,
from the streets hereinafter designated, without
first being brought to a full and complete stop at
the street line of the street which is to be entered,
and until danger of colliding with vehicles lawfully
proceeding along such streets has passed, to-wit:
Ash Street, from Columbia Avenue (south side
only), from Penn Avenue, and from Third Street;
Mulberry Street, from Fifth Street (north side
only).
.
29-148D. Section 48D. Stop Signs; Traffic Con-
trol Devices. Every such stop sign and every traf-
fic control device hereafter erected upon any street
or at the entrance to any street designated by the
State Highway Commission as a connecting link in
the State Highway system shall conform to the
State Manual and specifications adopted by the
State Highway Commission. All other stop signs
and traffic control devices erected by the City of
Salina pursuant to this ordinance shall be of such
kind and character as are sufficient to indicate and
.
Ch. 29
1'RAFFIC CODE.-Ordinance.
327
carry out the provisions of this ordinance and of I position until thc authorized emergency vehicle has
the laws of the State of Kansas relating to traffic passed, except when otherwise directed by a police
in cities and of such type as may be selected and officer. (b) This section shall not operate to re-
installed by the City Manager with the approval lieve the driver of an authorized emergency ve-
of the Board of Commissioners. hicle from the duty to drive with due regard for
the safety of all persons using the highway.
.
29-149. Section 49. Slow Signs. Wherever at
any intersection or other place on any street the
volume or condition of the traffic is such, in the
judgment of the City Manager and the Chief of
Police, as to make the same necessary for the
safety of traffic, or wherever on any street the
Board of ~ommissioners may order the same, signs
shall be placed in such streets bearing the word
"SLOW". Whenever any such sign is placed in any
street, the same shall be deemed to be a warning
to all traffic approaching such sign that a danger-
ous or hazardous condition exists, and it shall be
the duty of the driver of any vehicle approaching
such sign or entering any intersection where such
sign is placed to slow down the speed of his vehicle
to such speed as is reasonable under the circum-
stances in view of the condition of traffic at such
place, and so as to have his vehicle under suffi-
cient control to avoid any collision with any other
vehicle, person or object, and he shall not increase
the speed of his vehicle until the danger thereof
has passed.
29-150. Section 50. Vehicle Entering Highway
from Alley or Private Road or Driveway. The
driver of a vehicle about to enter or cross a high-
way from an alley or from a private road or drive-
way shall stop before entering such highway and
yield the right-of-way to all vehicles approaching
on said highway.
29-151. Section 51. Stop When Traffic Ob-
structed. No driver shall enter an intersection or
a marked crosswalk unless there is sufficient space
on the other side of the intersection or crosswalk
to accommodate the vehicle he is operating with-
out obstructing the passage of other vehicles or
pedestrians, notwithstanding any traffic control
signal indication to proceed.
29-153. Section 53. Pedestrians Subject to Traf-
fic-control Signals. Pedestrians shall be subject to
traffic-control signals at intersections as heretofore
declared in this act, but at all other places pedes-
trians shall be accorded the privileges and shall be
subject to the restrictions stated in this ordinance.
29-154. Section 54. Pedestrians' Right-of-way
at Crosswalks. Where traffic-control signals are
not in place or in operation the driver of a ve-
hicle shall yield the right-of-way, slowing down
or stopping if need be to so yield, to a pedestrian
crossing the roadway within any marked crosswalk
or within any unmarked crosswalk at an intersec-
tion, except as otherwise provided in this ordinance.
(b) Whenever any vehicle is stopped at a marked
crosswalk or at any unmarked crosswalk at an in-
tersection to permit a pedestrian to cross the road-
way, the driver of any other vehicle approaching
from the rear shall not overtake and pass such
stopped vehicle.
29-155. Section 55. Crossing at Other than
Crosswalks. (a) Every pedestrian crossing a road-
way at a point other than within a marked cross-
walk or within a unmarked crosswalk at an inter-
section shall yield the right-of-way to all vehicles
upon the roadway. (b) Any pedestrian crossing
a roadway at a point where a pedestrian tunnel
or overhead pedestrian crossing has been provided
shall yield the right-of-way to all vehicles upon the
roadway. (c) Between adjacent intersections at
which traffic-control signals are in operation pedes-
trians shall not cross at any place except in a
marked crosswalk. (d) Notwithstanding the pro-
visions of this section every driver of a vehicle shall
exercise due care to avoid colliding with any pedes-
trian upon any roadway, and shall give warning
by sounding the horn when necessary, and shall
exercise proper precaution upon observing any child
or any confused or incapacitated person upon a
roadway.
29-152. Section 52. Operation of Vehicles on
Approach of Authorized Emergency Vehicles. (a)
Upon the immediate approach of an authorized
emergency vehicle, when the driver is giving audi-
ble signal by siren, exhaust whistle, or bell, the 29-156. Section 56. Pedestrians to use Right
driver of every other vehicle shall yield the right- , Half of Crosswalks. Pedestrians shall move, when-
of-way and shall immediately drive to a position ever practicable, upon the right half of crosswalks.
parallel to, and as close as possible to the right-
hand edge or curb of the highway, clear of any
intersection, and shall stop and remain in such
.
29-157. Section 57. Pedestrians Soliciting Rides.
No person shall stand or walk in a roadway for
328
'TRAFFIC CODE.-Ordinance.
Ch. 29
the purpose of soliciting a ride from the operator
of any private vehicle.
29-158. Section 58. Driving Through Safety
Zone Prohibited. No vehicle shall at any time be
driven through or within a safety zone.
29-159. Section 59. Obedience to Signal Indicat-
ing Approach of Train. (a) Whenever any person
driving a vehicle approaehes a railroad grade cross-
ing and a clearly visible electric or mechanical
signal device or a flagman gives warning of the
immediate approach of a train, the driver of such
vehicle shall stop within fifty feet but not less than
ten feet from the nearest track of such railroad
and shall not proceed until he can do so safely.
(b) The driver of a vehicle shall stop and remain
standing and not traverse such a grade crossing
when a crossing gate is lowered or when a human
flagman gives or continues to give a signal of the
approach or passage of a train.
29-160. Section 60. All Vehicles Must Stop at
Certain Railroad Grade Crossings. The State High-
way Commission is hereby authorized to designate
particularly dangerous highway grade crossings of
railroads and to erect stop signs thereat. When
such stop signs are erected the driver of any ve-
hicle shall stop within fifty feet but nut less than
ten feet from the nearest track of such grade cross-
ing and shall proceed only UpOt1 exercising due
care.
29-161. Section 61. Certain Vehicle" Must Stop
at All Railroad Grade Crossings. (a) The driver
of any motor vehicle carrying passengers for hire,
or of any school bus carrying any schue! child, or
of any vehicle carrying explosive substances or
flammable liquids as a cargo or part of a cargo,
before crossing at grade any track or tracks of a
railroad, shall stop such vehicle within fifty feet
but not less than ten feet from the nearest rail of
such railroad, and while so stopped shall listen and
look in both directions along such track for any
approaching train, and for signals indicating the
approach of a train, except as hereinafter provided,
and shall not proceed until he can do so safely.
(b) No stop need be made at any such crossing
where a police officer or a traffic control signal
directs traffic to proceed.
29-162. Section 62. Moving Heavy Equipment
at Railroad Grade Crossing. (a) No person shall
operate or move any crawler type tractor, steam
shovel, derrick, roller, or any equipment or struc-
ture having a normal operating speed of six or less
I miles per hour, or a vertical body or load clearance
of less than nine inches above the level surface of
a roadway upon or across any tracks at a railroad
grade crossing without first complying with this
section.
(b) Before making any such crossing the per-
son operating or moving any such vehicle or equip-
ment shall first stop the same not less than ten
feet nor more than thirty 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 si~als indi-
cating the approach of a train, and shall not pro-
ceed until the crossing can be made safely.
(c) No such crossing shall be made when warn-
ing is given by automatic signal or crossing gates
or flagmen or otherwise of the immediate approach
of a railroad train or car.
29-163. Section 63. Railroad Trains Not to Block
Streets. It shall be unlawful for the directing of-
ficer or the operator of any railroad train to direct
the operation of or to operate the same in such do
manner as to prevent the use of any street for
purposes of travel for a period of time longer than
5 minutes, except that this provision shall not apply
to tr:;:tins of cars in motion other than those en-
gaged in switching.
29-164. Section 64. Railroads, Backing Across
Streets. It shall be unlawful for the directing of-
ficer 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 of Salina
without first stationing, or causing to be stationed
in said street, avenue or thoroughfare, a flagman
or other employee of said railroad whose duty it
shall be to warn, by suitable signals, all approach-
ing traffic of the immediate approach of such train
or car or cars of such train or other object moving
along such track; provided further, that no rail-
road car or cars, or other object moving along such
track shall be shuttled, switched, driven or "bumped"
across any street, avenue or thoroughfare in the
City of Salina unless such cars are attached to
an engine and under proper control.
29-165. Section 65. Stop Before Emerging from
Alley or Private Driveway. The driver of a ve-
hicle within a business or residence district emerg-
ing from an alley, driveway, or building shall stop
such vehicle immediately prior to driving onto a
.
Ch.29
TRAFFIC CODE.-Ordinance.
329
sidewalk or into the sidewalk area extending across
any alleyway or private driveway.
.
29-166. Section 66. Stopping, Standing, or Park.
ing Outside of Business or Residence Districts. (a)
Upon any highway outside of a business or resi-
dence district no person shall stop, park or leave
standing any vehicle, whether attended or unat-
tended, upon the paved or improved or main trav-
eled 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 feet of such
part of the highway opposite such standing vehicle
shall be left for the free passage of other vehicles
and a clear view of such stopped vehicle be avail-
able from a distance of 200 feet in each direction
upon such highway. (b) This section shall not
apply to the driver of any vehicle which is dis-
abled while on the paved or improved or main
traveled portion of a highway in such manner and
to such extent that it is impossible to avoid stopping
and temporarily leaving such disabled vehicle in
such position.
29-167. Section 67. Officers Authorized to Re-
move Illegally Stopped Vehicles. (a) Whenever
any police officer finds a vehicle standing upon
a highway in violation of any of the foregoing pro-
visions of Section 66, such officer is hereby author-
ized 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 of such highway. (b) Whenever
any police officer finds a vehicle unattended upon
any bridge or causeway or in any tunnel or on any
part of any highway where such vehicle constitutes
an obstruction to traffic, such officer is hereby
authorized to provide for the removal of such ve-
hicle to the nearest garage or other place of safety.
29-168. Section 68. Streets as Parking Zones or
Stations for Buses; Prohibited; Exceptions. That
after this ordinance takes effect, it shall be un-
lawful for any person, copartnership or corporation,
or any agent, representative or employee thereof
to use any of the streets in the City of Salina or
any part or parts thereof as a parking zone or as
a loading or unloading station for buses and stages,
except as provided for in any bus franchise ordi-
nance.
29-169. Section 69. Same; Violation; Penalty.
Any person, copartnership or corporation, or any
agent, servant or employee thereof who shall vio-
late or cause or permit the violation of any of the
.
provisions of Section 68 shall be deemed guilty of
a misdemeanor and shall be fined not less than
$25.00 nor more than $100.00 for each offense.
29-170. Section 70. Stopping, Standing, or Park.
ing Prohibited in Specified Places. (a) No per-
son shall stop, stand, or park any vehicle upon a
street other than an alley, in such a manner or
under such conditions as to leave available less
than 20 feet of the width of the roadway for free
movement of vehicular traffic, except that a driver
may stop temporarily during the actual loading
or unloading of passengers, or when necessary to
avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic-
control device.
(b) It shall be unlawful for any person to park
any vehicle in any of the following places: (1) On
a sidewalk, or so that any part of such vehicle or
the contents thereof extends across such sidewalk;
(2) in front of a public or private driveway; (3)
within an intersection; (4) within fifteen feet of
a fire hydrant; (5) on a crosswalk; (6) within
twenty feet of a crosswalk at an intersection; (7)
within thirty feet upon the approach to any flash-
ing beacon, stop sign, or traffic-control signal lo-
cated at the side of a roadway; (8) between a safety
zone and the adjacent curb or within thirty feet
of points on the curb immediately opposite the ends
of a safety zone, unless a different length is indi-
cated by signs or markings; (9) within fifty feet
of the nearest rail of a railroad crossing; (10)
within twenty feet of the driveway entrance to any
fire station and on the side of a street opposite
the entrance to any fire station within seventy-
five feet of said entrance (when properly sign-
posted); (11) alongside or opposite any street ex-
cavation or obstruction when such stopping, stand-
ing, or parking would obstruct traffic; (12) on the
roadway side of any vehicle stopped or parked at
the edge or curb of a street; (13) upon any bridge
with a roadway width of less than 30 feet; (14)
upon any elevated structure upon a highway or
within a highway tunnel; (15) at any place where
official signs prohibit stopping.
(c) No person shall move a vehicle not owned
by such person into any such prohibited area or
away from a curb such distance as is unlawful.
(d) It shall be unlawful to park any vehicle in
any alley, except for the purpose of loading or
unloading merchandise or other property from or
onto premises adjacent to such alley, and then only
for such time as is reasonably necessary to com-
plete such loading or unloading.
330
TRAFFIC CODE.-Ordinance.
29-171. Section 71. Use of Alleys by Trucks. It
shall be unlawful on account of danger to other
traffic and to property of other persons caused
thereby and the hazard to other traffic when such
vehicles are driven into or from alleys, for any
person to drive or back, or cause to be driven or
backed into or from, or to stand in any alley in
the City of Salina, where the width of such alley
is not more than 10 feet, any truck having a total
length of more than twenty feet, or any combina-
tion of vehicles commonly known as truck and
trailer or semi-trailer, or tractor and trailer or
semi-trailer.
29-172. Section 72. Parking Adjacent to School.
There are hereby created "No Parking" zones 30
feet in length along the curb lines immediately in
front of and adjacent to the entrance or entrances
of every school building in the City of ::::>alina and
on the north side of Mulberry Street adjacent to
the Washington High School building, and on the
west side of Ninth Street adjacent to the grounds
of the Bartlett School, and it shall be unlawful for
any person to park any vehicle in any such "No
Parking" zone.
29-173. Section 73. Parking of Vehicles. Except
as herein otherwise provided, all vehicles when
parked or left standing in any street shall be parked
parallel with the curb or gutter line of such street,
and with the right hand side of the vehicle not
more than one foot distant from the said right
hand curb or gutter line of such street, and where
there is no curb it shall be stopped or parked with
the right hand wheels parallel with and as close
as may be practicable to the right hand edge of
the roadway; Provided, that on Iron Avenue be-
tween Delaware Street and Marymount Road, no
vehicle shall be parked or stopped on the concrete
pavement slab or within two feet from either side
of such pavement.
29-174. Section 74. Angle Parking. On the fol-
lowing named streets, vehicles shall be parked with
the right side of any such vehicle toward and at
an angle of 50 degrees with the right hand curb line
of such street, and with the right front wheel of
such vehicle against the curb or on the curb line
of such street, and it shall be the duty of the City
Manager and the Street Department to be caused
to be plainly marked upon the curb or along tha
curb line, by means of painted lines, set at an angle
of 50 degrees with the curb line, and nine (9) feet
distant from center to' center of such lines at the
curb line, indicating the spaces within which and
Ch.29
the angles at which all vehicles shall be parked
on such portion of such streets, and it shall be un-
lawful for any driver or owner of any vehicle to
park or permit the same to be parked on any por-
tion of any such street except within the spaces
so indicated, and at the angles so indicated, the
streets upon which such angle parking is to be re-
quired, being as follows:
Santa Fe Avenue between Pine Street and Mul-
berry Street.
East side of Santa Fe Avenue from Claflin Ave-
nue to Kirwin Avenue.
East side of Santa Fe A venue from Ellsworth
Avenue to the alley north of Ellsworth Avenue.
West side of Santa Fe Avenue from Mulberry
Street to South Street.
West side of Santa Fe Avenue from Jewell Ave-
nue to Kirwin A venue.
Fifth Street between Ash Street and Walnut
Street.
Seventh Street between Elm Street and Walnut
Street.
East side of Eighth Street between Ash Street
and Walnut Street.
Iron Avenue between Fourth Street and Ninth
Street.
North side of Mulberry Street from Fifth Street
to the alley west of Santa Fe Avenue.
South side of Mulberry Street between Second
and Third Streets.
Claflin Avenue between Highland Avenue and
Fourth Street.
Provided further, that wherever the curbs of any
street have been set back and additional width of
paving provided, the City Manager may designate
such spaces for angle parking and may cause the
same to be marked for such purpose, in which
event they shall be governed by the same regula-
tions as streets specifically designated for such
purpose. Where curbs have been cut for drive-
ways, but such driveways are not being used for
such purpose the space along the curb line in front
of such driveways shall be used for parking.
29-175. Section 75. No Parking Zones. At the
end of each block within the business district, and
specifically upon all streets where angle parking
is required and at such other places on any street
as the City Manager may deem necessary or as
may be ordered by the Board of Commissioners,
zones shall be set aside and designated where park-
ing of vehicles shall be prohibited, and it shall be
.
.
.
Ch.29
TRAFFIC CODE.-Ordinance.
331
the duty of the City Manager to cause signs to
be erected 01' the curbs to be marked, but such dis-
tance within each such district, designating and
setting apart such no parking zones, as in his judg-
ment is reasonable and proper for the safety of
traffic and pedestrians using such streets, or for
such distance as may be hereafter specifically or-
dered by the Board of Commissioners, and when
such signs are erected or painted, it shall be un-
lawful for any person to park any vehicle within
any zone so designated and marked.
29-176. Section 76. No Parking Signs. Each
zone or place on any street in the City of Salina
where parking is prohibited under the provisions
of this ordinance or any other ordinance of said
city shall be plainly marked and designated by
signs or by having marked on the curb the words
"No Parking", and this ordinance shall not be ef-
fective as to any zone or place unless the same
is so marked, except in case of parking near a fire
hydrant.
29-177A Section 77A. Parking Time Limited
in Designated Places; Two Hour Parking Zone. No
person shall park or leave or cause or permit to be
parked or left, any vehicle for more than two hours
at anyone time, and in anyone place, between
the hours of 7 o'clock A. lVI. and 7 o'clock P. M.
on any day of the week except Sunday on any of
the following streets in the City of Salina between
the limits hereinafter mentioned, to-wit:
On Santa Fe Avenue from Elm Street to lVIul-
berry Street.
On Fifth Street from Ash Street to Walnut
Street.
On Seventh Street from Ash Street to Walnut
Street.
On Iron Avenue from Fourth Street to Eighth
Street.
On Walnut Street from Fifth Street to Seventh
Street.
On Ash Street from Fifth Street to Seventh
Street.
Provided, that the parking limits herein provided
for shall not apply where other limits within the
zones hereby created are otherwise specifically pro-
vided for by ordinance.
29-177B. Section 77B. Same; 30 Minute Park-
ing Zones. Two parking zones for five cars each,
are hereby established on each side of Santa Fe
A venue in the City of Salina between Ash Street
and Elm Street. The City Manager shall designate
and have marked such zones, and after they are so
marked, it shall be unlawful for any person to park
or leave or cause or permit to be parked or left
in any space in any such zone, any vehicle for more
than thirty minutes at anyone time between the
hours of 7 o'clock A. lVI. and 7 o'clock P. M.
29-177C. Section 77C. Same; Fifteen Minute
Parking Zones. The City Manager shall and he is
hereby authorized and directed to designate and
have marked three zones on each side of each block
on Santa Fe Avenue between Ash Street and Wal-
nut Street, and two zones on the west side and one
zone on the east side of Fifth Street between Iron
Avenue and Ash Street, and two zones on each
side of Fifth Street between Iron Avenue and Wal-
nut Street with parking spaces in each of such
zones for five cars, and one zone in each block on
each side of Iron Avenue between Fifth Street and
Seventh Street, with parking spaces in each of such
zones for three cars, and all of the south side of
Iron A venue between Eighth Street and the alley
west of Seventh Street, and all of the east side of
Eighth Street between Iron Avenue and the drive-
way south of the Post Office building, and after
such zones are designated and marked it shall be
unlawful for any person to park or leave or cause
or permit to be parked or left in anyone space
in oiollY such zone any vehicle for more than fifteen
minutes at one time, between the hours of 9 o'clock
A. lVI. and 7 o'clock P. lVI.
29-178. Section 78. Marking of Vehicles. The
Chief of Police shall cause all vehicles parked on
that portion of the streets designated in Sections
77A, 77B and 77C, of this ordinance, to be marked
in such manner as to distinguish such vehicles dur-
ing the hours in which the parking requirements
within such limits are effective, and any person who
shall remove, erase, or destroy or cause to be re-
moved, 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 ordinance, shall be deemed guilty of a viola-
tion of this ordinance.
29-179. Section 79. Bus and Taxicab Stands. It
shall be unlawful for any person to use any part
of any street for the parking of any taxicab for
a taxicab stand or station except as are specifically
prescribed and designated in the ordinances of the
City of Salina relating to taxicabs, and it shall be
unlawful for any person to use any portion of any
street for the parking of any passenger carrying
332
TRAFFIC CODE.-Ordinance.
bus or stage or as a station or stand for any such
bus or stage, except as specifically prescribed or
designated by an ordinance of the City of Salina
relating thereto or as permitted in any franchise
ordinance or agreement duly entered into by the
Board of. Commissioners of said city and owners
or operators of any such bus or stage, provided
however, 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 pas-
sengers. 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 taxi-
cab stand when such stop or stand has been offi-
cially designated and appropriately signed, except
that the driver of a passenger vehicle may tem-
porarily stop therein for the purpose of and while
actually engaging in loading or unloading passen-
gers when such stopping does not interfere with
any bus or taxicab waiting in or about to enter
such zone. (See also Sec. 69).
29-180. Section 80. Truck Parking; Generally.
It shall be unlawful for any person to park or leave
any combination of vehicles commonly known as
a truck and trailer or truck and semi-trailer on any
portion of a street in the City of Salina where
angle parking is required by ordinance, at any tfr'ue,
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 18 feet on any street
in the City of Salina where angle parking of ve-
hicles is required by ordinance, except temporarily
for the purpose of loading or unloading merchan-
dise and then only when the use of such vehicle
for such purpose does not interfere with the regu-
lar traffic on such street, and will leave at least
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 provisions of this ordinance and in the
case of a horse drawn vehicle the distance from the
horses' heads to the rear end 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 of Salina
(except as herein specifically permitted) shall be
parked or left in some portion of the street where
parking parallel with the curbing is required by
ordinance and when so parked or left such vehicle
Ch.29
shall have its right wheels next to and not more
than one foot from the curb line of such street.
Provided however, that none of the provisions con-
tained in the foregoing 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 com-
mercially known as truck and trailer or semi-trailer,
and the parking of such vehicles on such streets
shall be covered by the provisions of the first sen-
tence of this section.
29-181. Section 81. All Night Truck Pa.rking;
Truck Parking in Driveway and Yards. It shall be
unlawful for any person to use any street in the
City of Salina for what is commonly known as the
all-night parking of any truck or commercial ve-
hicle, or to park or permit any such truck or com-
mercial vehicle to stand all night in any street;
and no such truck or commercial vehicle shall be
parked or kept all night in any driveway or front
yard of any private premises in the City of Salina
in any residential district as designated by the zon-
ing ordinance of said city or amendments thereto,
between the street line and the building set back
line as designated by such zoning ordinance, and
if such truck or commercial vehicle is one used for
the transportation of live stock or gasoline or other
flammable liquid, the same shall not be parked at
any time in any driveway or yard within 50 feet
of any dwelling house occupied by any person or
family other than the person or family of the per-
son owning or using such truck or commercial ve-
hicle. For the purpose of this ordinance, all night
parking is defined as the parking of any vehicle
in one or more places within any prohibited area,
for a total of more than three hours between the
hour of 10 o'clock P. M. and 7 o'clock A. M.
29-182. Section 82. Obstruction to Driver's View
or Driving Mechanism; Unlawful Riding. (a) No
person shall drive a vehicle when it is so loaded,
or when there are in the front seat such number
of persons, exceeding three, as to obstruct the view
of the driver to the front or sides of the vehicles
or as to interfere with the driver's control over the
driving mechanism of the vehicle. (b) No person
shall drive a vehicle when it is so loaded, or when
there are in the front seat such number of persons,
exceeding three, as to obstruct the view of the
driver to the front or sides of the vehicle or as
to interfere with the driver's control over the driv-
ing mechanism of the vehicle. (c) No passenger
in a vehicle shall ride in such position as to inter-
fere with the driver's view ahead or to the sides,
.
.
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Ch. 29
TRAFFIC CODE.-Ordinance.
333
or to interfere with his control over the driving
mechanism of the vehicle. (d) No person shall
ride on any vehicle upon any portion thereof not
designed or intended for the use of passengers. This
provision shall not apply to any employee engaged
in the necessary discharge of a duty, or to persons
riding within truck bodies in space intended for
merchandise.
29-183. Section 83. Boarding or Alighting from
Vehicles. No person shall board or alight from any
vehicle while such vehicle is in motion.
29-184. Section 84. 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.
29-185A. Section 85A. Riding on Handlebars or
Other Parts Prohibited. The operator of a motor-
cycle or bicycle when upon a street shall not carry
any other persons upon the handle bar, frame, or
tank of any such vehicle, or any place on any such
vehicle except on a regular seat provided for such
purpose, nor shall any person so ride upon any such
vehicle.
29-185B. Section 85B. Bicycles and Other Vehi-
cles on Sidewalks. No vehicle, except bicycles, shall
be operated or parked on any sidewalk or parkway
space, except in crossing the same in a driveway
space provided for such crossing for the purpose
of reaching the paved or traveled portion of a high-
way, and no person shall ride a bicycle on any side-
walk in any business district. In residence dis-
tricts, 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 ap-
proaching or passing a pedestrian shall slow or
stop the same if necessary to avoid colliding with
or interfering with the passage of any pedestrian
on such sidewalk.
29-185C. Section 85C. Parents or Guardians Re-
sponsible for Acts of Children. Any parent or guar-
dian of any child under the age of sixteen years
who permits such child to ride or operate any bi-
cycle or other vehicle in the City of Salina shall be
responsible for the obedience of such child to the
requirements of this ordinance, and it shall be un-
lawful for any parent or guardian of any such child
to knowingly permit the violation by such child
of any of the provisions of this ordinance, or to
furnish to or permit the use by any such child of
any bicycle or other vehicle in violation of the pro-
visions of this ordinance, and the continued viola-
tion by any such child of any prOVISIOns of this
ordinance after notice of such violation has been
brought to the attention of such parent or guar-
dian shall be presumed to be with the knowledge
and consent of such parent or guardian.
29-185D. Section 85D. Police to Take Up Bi-
cycles and Other Vehicles. If any child under the
age of sixteen years shall operate or ride on any
bicycle or other vehicle in violation of the pro-
visions of this ordinance or if any such bicycle or
other vehicle, or the equipment of the same, fails
to comply with the requirements of this ordinance,
any police officer of the city may take possession
of such vehicle and take the same to the police head-
quarters in said city, and there keep the same until
the parents or guardian of such child are notified
and until arrangements are made by such parent
or guardian to comply with the requirements of this
ordinance.
29-186. Section 86. Use of Coasters, Roller
Skates, and Similar Devices Restricted. No per-
son 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
on a crosswalk or except upon streets set aside as
play streets when and as authorized by ordinance
of this city.
29-187. Section 87. Unattended Motor Vehicle.
No person driving or' in charge of a motor vehicle
shall permit it to stand unattended without first
stopping the engine, or when standing upon any
perceptible grade without effectively setting the
brake thereon and turning the front wheels to the
curb or side of the highway.
29-188. Section 88. Vehicles; Repairing, Wash-
ing on Street; Prohibited. No person shall repair
any vehicle or any part or tires thereof or paint
any vehicle, or permit the same to be done, on any
street, except in case of emergency as set forth in
Section 66 of this ordinance. No vehicle shall be
washed in any street in any commercial or indus-
trial district as defined by the zoning ordinance.
29-189. Section 89. Permits for Parades and
Processions. No procession or parade other than a
funeral procession, excepting the forces of the
United States Army or Navy, the military forces
of this state, and the forces of the police and fire
department, shall occupy, march, or proceed along
any street except in accordance with a permit is-
sued by the Chief of Police and such other regula-
tions as are set forth herein which may apply.
334
TRAFFIC CODE.-Ordinance.
29-196. Section 96. Putting or permitting Glass,
etc., on Highway Prohibited. (a) 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 ve-
hicle upon such highway. (b) Any person who
drops, or causes or permits to be dropped or thrown,
upon any highway, as the result of an accident or
otherwise, any destructive or injurious material,
shall immediately remove the same or cause it to
be removed. (c) Any person removing a wrecked
01' damaged vehicle from a highway shall remove
any glass or other injurious substance dropped upon
the highway from such vehicle.
29-197. Section 97. Unsafe Vehicles and Equip-
ment; Scope and Effect of Regulations. (a) It is a
misdemeanor 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
combination of vehicles which is in such unsafe
condition as to endanger any person, or which does
not contain those parts or is not at all times
equipped with such lamps and other equipment in
proper condition and adjustment as required in this
ordinance, or which is equipped in any manner in
violation of this ordinance, or for any person to do
any act forbidden or fail to perform any act re-
quired under this ordinance. (b) The provisions of
this ordinance with respect to equipment on ve-
hicles shall not apply to implements of husbandry,
road machinery, road rollers, or farm tractors ex-
cept as herein made applicable.
29-198. Section 98. When Lighted Lamps Are
Required. (a) Every motor vehicle upon a high-
way within this city at any time from a half hour
after sunset to a half hour before sunrise, and at
any other time when there is not sufficient light
to render clearly discernible persons and vehicles
on the highway at a distance of 500 feet ahead,
29-194. Section 94. Following Fire Apparatus shall display lighted lamps and illuminating devices
Prohibited. The driver of any vehicle other than as hereinafter respectively required for different
one on official business shall not follow any fire I classes of vehicles subject to exceptions with respect
29-190. Section 90. Funeral and Other Proces-
sions. (a) A funeral composed of a procession of
vehicles shall be identified as such by the display
upon the outside of at least the first foul' vehicles
in such procession, of a pennant of a type desig-
nated by the Chief of Police or the traffic division
of the Police Department.
(b) Each driver in a funeral or other procession
shall drive as near to the right-hand edge of the
roadway as practical and follow the vehicle ahead
as close as is practical and safe.
29-191. Section 91. Driving Through Procession.
No driver of a vehicle shall drive between the ve-
hicles comprising a funeral or other authorized pro-
cession while they are in motion and when such
vehicles are conspicuously designated as required
in this ordinance. This provision shall not apply
at intersections where traffic is controlled by traf-
fic control signals or police officers.
29-192. Section 92. Zone of Quiet. 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 warn-
ing device of said vehicle except in an emergency.
The City Manager shall have authority to tempo-
rarily 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 tem-
porary zone of quiet shall embrace all territory
within a radius of 200 feet of the building occupied
by the person named in the request of said physi-
cian. Said temporary zone of quiet and any other
zone of quiet declared by any ordinance of this
city shall be designated by the City Manager by
placing at a conspicuous place in the street a sign
or marking bearing the words "Quiet Zone".
29-193. Section 93. 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 residence are within such closed area, and
then any said driver shall exercise the greatest
care in driving upon any said street or portion
thereof. The City Manager shall have authority
to declare any street or part thereof a "play street"
and to place appropriate signs or devices in the
roadway indicating and helping to protect the same.
Ch. 29
apparatus traveling in response to a fire alarm
closer than 500 feet or drive into or park such ve-
hicle within the block where fire apparatus has
stopped in answer to a fire alarm.
29-195. Section 95. Crossing Fire Hose. No ve-
hicle shall be driven over any unprotected hose of
a fire department when laid down on any street,
private driveway or elsewhere, to be used at any
fire 01' alarm of fire, without the consent of the
fire department official in command.
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Ch.29
TRAFFIC CODE.-Ordinance.
335
to parked vehicles as hereinafter stated. (b) When-
ever requirement is hereinafter declared as to the
distance from which certain lamps and devices shall
render objects visible or within which such lamps
or devices shall be visible, said provisions shall
apply, during the times stated in subdivision (a)
of this section, upon a straight, level, unlighted
highway under normal atmospheric conditions un-
less a different time or condition is expressly stated.
29-199. Section 99. Head Lamps on Motor Ve-
hicles. (a) Every motor vehicle other than a
motorcycle shall be equipped with at least two head
lamps with at least one on each side of the front
of the motor vehicle, which head lamps shall comply
with the requirements and limitations set forth in
this act. (b) Every motorcycle shall be equipped
with at least one and not more than two head lamps
which shall comply with the requirements and limi-
tations of this ordinance.
29-1,100. Section 100. Rear Lamps and Reflec-
tors. (a) Every motor vehicle and every vehicle
which is being drawn at the end of a train of ve-
hicles shall be equipped with a lighted rear lamp,
exhibiting a red light plainly visible from a dis-
tance of 500 feet to the rear. (b) Either such rear
light or a separate lamp shall be so constructed
and placed as to illuminate with a white light the
rear registration plate and render it clearly legible
from a distance of fifty feet to the rear. When the
rear license plate is illuminated by an electric lamp
other than the required rear lamp, said two lamps
shall be turned on or off by the same control switch
at all times whenever head lamps are lighted. (c)
Every new motor vehicle, trailer, or semi-trailer
hereafter sold, and every commercial vehicle here-
after operated on a highway, shall also carry at
the rear, either as a part of the rear lamp or sep-
arately, a red reflecter meeting the requirements
of this section. (d) Whenever a red reflector is
required or permitted to be used in substitution of
lamps upon a vehicle under any of the provisions
of this ordinance, such reflector shall be mounted
upon the vehicle at a height not to exceed sixty
inches nor less than twenty-four inches above the
ground upon which the vehicle stands, and every
such reflector shall be so designed and maintained
as to be visible at night from all distances with-
in 300 feet to fifty feet from such vehicle, except
that on a commercial vehicle the reflector shall be
visible from all distance within 500 feet to fifty
feet from such vehicle, when directly in front of
a motor vehicle displaying lawfully lighted head
lamps as provided in Section 98 hereof.
29-1,101. Section 101. Clearance, Identification,
and side-marker Lamps. Within thirty days after
the effective date of this act every motor vehicle
or motor-drawn vehicle designed or used for the
transportation of property or for the transporta-
tion of passengers for compensation, except buses
operated entirely within the city, when their in-
teriors are illuminated, shall display lighted lamp:>
at the times mentioned in Section 98 when and as
required in this section, except that such lamps may
be but are not required to be lighted when any such
vehicle is upon a highway which is sufficiently il-
luminated by street lamps to render any person
or vehicle visible at a distance of 500 feet.
1. Clearance lamps. Every such vehicle having
a width at any part in excess of eighty inches shall
be equipped with two clearance lamps located on
the extreme left side of such vehicle, one located
at the front and displaying an amber light visible
from a distance of 500 feet to the front of the
vehicle and the other located at the rear of the
vehicle and displaying a red light visible from a
distance of 500 feet to the rear of the vehicle,
which said rear clearance lamp shall be in addition
to the red rear lamp hereinbefore required.
2. Identification lamps, front and rear. Every
such vehicle or combination of such vehicles having
a length in excess of thirty feet or a width in ex-
cess of eighty inches shall be equipped with lamps
on the front displaying three amber lights and
lamps on the real' displaying three red lights, and
the lights in each such group shall be evenly spaced
not less than six nor more than twelve inches apart
along a horizontal line near the top of the vehicle,
and said lights shall be visible from distance of 500
feet to the front and rear, respectively, of the ve-
hicle.
3. Side-marker lamps. Every such vehicle or
combination of such vehicles which exceed twenty
feet in over-all length shall be equipped with at
least four side-marker lamps, one on each side near
the front and one on each side near the rear. Said
lamps near the front shall display amber lights and
said lamps near the rear shall display red lights,
each visible from a distance of 500 feet to the side
of the vehicle on which it is located.
If the clearance lamps on the left side of a ve-
hicle as hereinbefore required display lights visible
from a distance of 500 feet at right angles to the
left of the vehicle they shall be deemed to meet the
requirements as to left marker lamps in this para-
graph. In lieu of such side marker lamps any such
vehicle may be equipped with four reflectors, two
336
TRAFFIC CODE.-Ordinance.
on each side and otherwise meeting the require-
ments of this ordinance.
29-1,102. Section 102. Lamp or Flag on Pro-
jecting Load. Whenever the load upon any vehicle
extends to the real' four feet or more beyond the
bed or body of such vehicle there shall be displayed
at the extreme real' end of the load, at the times
specified in Section 98 hereof, a red light or lan-
tern plainly visible from a distance of at least 500
feet to the sides and rear. The red light or lantern
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 ex-
treme rear end of such load a red flag or cloth
not less than sixteen inches square.
29-1,103. Section 103. Lamps on Parked Ve-
hicles. Whenever a vehicle is parked or stopped
upon a roadway or shoulder adjacent thereto,
whether attended or unattended during the times
mentioned in Section 98, such vehicle shall be
equipped with one or more lamps which shall ex-
hibit a white light on the roadway side visible
from a distance of 500 feet to the front of such
vehicle and a red light visible from a distance of
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 regula-
tions upon a highway where there is sufficient light
to reveal any person or object within a distance
of 500 feet upon such highway. Any lighted head
lamps upon a parked vehicle shall be depressed or
dimmed.
29-1,104. Section 104. Lamps on Bicycles. Every
bicycle operated upon any street or highway in the
night time shall be equipped with a lamp on the
front exhibiting a white light visible from a dis-
tance of at least 500 feet to the front and with
a lamp on the rear exhibiting a red light visible
from a distance of 500 feet to the rear; except that
a red reflector meeting the requirements of this
ordinance may be used in lieu of a rear light.
29-1,105. Section 105. Lamps on Other Vehicles
and Equipment. All vehicles, including animal-
drawn vehicles and including those referred to in
Section 97 not hereinbefore specifically required to
be equipped with lamps, shall at the times speci-
fied in Section 98 hereof be equipped with at least
one lighted lamp or lantern exhibiting a white light
visible from R distance of 500 feet to the front of
such vehicle and with a lamp or lantern exhibiting
a red light visible from a distance of 500 feet to the
rear.
Ch.29
29-1,106. Section 106. Spot Lamps and Auxiliary
Driving Lamps. (a) Any motor vehicle may be
equipped with not to exceed one spot lamp and
every lighted spot lamp shall be so aimed and used
upon approaching another vehicle that no part of
the high intensity portion of the beam will be di-
rected to the left of the prolongation of the extreme
left side of the vehicle nor more than 100 feet
ahead of the vehicle. (b) Any motor vehicle may
be equipped with not to exceed three auxiliary driv-
ing lamps mounted on the front at a height not
less than twelve inches nor more than forty-two
inches above the level surface upon which the ve-
hicle stands, and every such auxiliary driving lamp
or lamps shall meet the requirements and limita-
tions set forth in this ordinance.
29-1,107. Section 107. Signal Lamps and Signal
Devices. (a) Any motor vehicle may be equipped
and when a signal lamp or device is required under
this ordinance shall be equipped, with a signal lamp
or signal device which is so constructed and located
on the vehicle as to give a signal of intention to
stop which shall be red or yellow in color and sig-
nals of intention to turn to the right or left, all
of which signals shall be plainly visible and un-
derstandable in normal sunlight and at night from
a distance of 100 feet to the front and rear but
shall not project a glaring or dazzling light; ex-
cept that a stop signal need be visible only from
the rear. (b) All mechanical signal devices shall
be self-illuminated when in use at the times men-
tioned in Section 98.
29.1,108. Section 108. Additional Lighting
Equipment. (a) Any motor vehicle may be equipped
with not more than two side cowl or fender lamps
which shall emit an amber or white light without
glare. (b) Any motor vehicle may be equipped
with not more than one running board courtesy
lamp on each side thereof which shall emit a white
or amber light without glare. (c) Any motor ve-
hicle may be equipped with a back-up lamp either
separately or in combination with another lamp;
except that no such back-up lamp shall be continu-
ously lighted when the motor vehicle is in forward
motion.
29-1,109. Section 109. Multiple - beam Road.
Lighting Equipment. Except as hereinafter pro-
vided, the headlamps, or the auxiliary driving lamps,
or combination thereof, on motor vehicles shall be
so arranged that the driver may select at will be-
tween distributions of light projected to different
elevations, subject to the following requirements
.
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Ch. 29
'l'RAFFIC CODE.-Ordinance.
337
and limitations: (a) There shall be an uppermost
distribution of light, or composite beam, so aimed
and of such intensity as to reveal persons and ve-
hicles at a distance of at least 350 feet ahead for
all conditions of loading. The maximum intensity
of this uppermost distribution of light of composite
bean1 one degree of arc or more above the horizon-
tal level of the lamps when the vehicle is not loaded
shall not exceed 8,000 apparent candlepower, and
at no other point of the distribution of light or
composite beam shall there be an intensity of more
than 75,000 apparent candlepower. (b) There shall
be a lowermost distribution of light, or composite
beam, so aimed that: (1) When the vehicle is not
loaded, none of the high intensity portion of the
light which is directed to the left of the prolonga-
tion of the extreme left side of the vehicle shall,
at a distance of twenty-five feet ahead, project
higher than a level of ten inches below the level
of the center of the lamp from which it comes.
(2) When the vehicle is not loaded, none of the
high-intensity portion of the light which is directed
to the right of the prolongation of the extreme left
side of the vehicle shall, at a distance of twenty-
five feet ahead, project higher than a level of five
inches below the level of the center of the lamp
from which it comes. (3) In no event shall any
of the high intensity of such lowermost distribu-
tion of light or composite beam project higher than
a level of forty-two inches above the level on which
the vehicle stands at a distance of seventy-five feet
ahead. (c) Where one intermediate beam is pro-
vided, the beam on the left side of the road shall
be in conformity with (b) (1) of this section ex-
cept when arranged in accordance with the practice
specified in (e). (d) All road lighting beams shall
be so aimed and of sufficient intensity to reveal
a person or vehicle at a distance of at least 100
feet ahead. (e) All road lighting equipment manu-
factured and installed on and after January 1, 1938,
shall be so arranged that whenever any beam is
used which is not in conformity with paragraph
(b) (1) of this section, two white or yellow lights,
one on each side of the vehicle, visible to an on-
coming driver and to the driver of said vehicle shall
be lighted, except that other suitable alternate
means may be provided for indicating to the driver
behind the light when such beams are on. Indicator
lights shall not be connected otherwise than as re-
quired in this paragraph. Beam indicator lights
and front parking lights shall be so connected that
neither of said lights shall be lit when a beam is
in use which conforms with paragraph (b) (1) of
this section.
.
29-1,110. Section 110. Use of Multiple-Beam
Road-Lighting Equipment. (a) Whenever a motor
vehicle is being operated on a roadway or shoulder
adjacent 'thereto during the times specified in Sec-
tion 98, 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, sub-
ject to the following requirements and limitations.
(b) Whenever the driver of a vehicle approaches
an oncoming vehicle within 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, and in no case
shall the high-intensity portion which is projected
to the left of the prolongation of the extreme left
side of the vehicle be aimed higher than the center
of the lamp from which it comes at a distance of
twenty-five feet ahead, and in no case higher than
a level of forty-two inches above the level upon
which the vehicle stands at a distance of seventy-
five feet ahead. The lowermost distribution of
light specified in Section 109, paragraph (b), shall
be deemed to avoid glare at all times regardless
of road contour and loading.
29-1,111. Section 111. Alternate Road-Lighting
Equipment. Any motor vehicle may be operated
under the conditions specified in Section 98 when
equipped with two lighted lamps upon the front
thereof capable of revealing person and objects
seventy-five feet ahead in lieu of lamps required
in Section 109; Provided, however, that at no time
shall it be operated at a speed in excess of twenty
miles per hour.
29-1,112. Section 112. Number of Driving Lamps
Required or Permitted. (a) At all times specified
in Section 98 at least two lighted lamps shall be
displayed, one on each side at the front of every
motor vehicle except when such vehicle is-parked
subject to the regulations governing lights on parked
vehicles. (b) Whenever a motor vehicle equipped
with head lamps as herein required is also equipped
with any auxiliary lamps or a spot lamp or any
other lamp on the front thereof projecting a beam
of an intensity greater than 300 candlepower, not
more than total of four of any such lamps on the
. front of a vehicle shall be lighted at anyone time
when upon a highway.
29-1,113. Section 113. Special Restriction on
Lamps. (a) Any lighted lamps or illuminating de-
vice upon a motor vehicle other than head lamps,
spot lamps, or auxiliary driving lamps which pro-
jects a beam of light of an intensity greater than
TRAFFIC CODE.-Ordinance.
Ch. 29
338
300 candle power shall be so directed that no part
of the beam will strike the level of the roadway
on which the vehicle stands at a distance of more
than seventy-five feet from the vehicle. (b) No
person shall drive or move any vehicle or equip-
ment 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
authorized emergency vehicles. (c) Flashing lights
are prohibited on motor vehicles, except as a means
for indicating a right or left turn.
29-1,114. Section 114. Selling or Using Lamps
or Devices. (a) No person shall have for sale,
sell or offer for sale for uSe upon or as a part of
the equipment of a motor vehicle, trailer or semi-
trailer or use upon any such vehicle any head lamp,
auxiliary driving lamp, rear lamp, signal lamp or
reflector which reflector is required hereunder, or
parts of any of the foregoing, which tend to change
the original design or performance, unless of a
type which has been submitted to the commissioner
and approved by him. (b) 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 semi-trailer any lamp or device mentioned in
this section which has been approved by the com-
missioner unless such lamp or device bears thereon
the trademark or name under which it is approved
so as to be legible when installed. (c) No person
shall use upon any motor vehicle, trailer or semi-
trailer any lamps mentioned in this section unless
said lamps are equipped with bulbs of a rated can-
dlepower and are mounted and adjusted as to focus
and aim in accordance with instructions of the com-
missioner.
29-1,115. Section 115. Brakes. (a) Brake Equip-
ment Required: (1) Every motor vehicle or com-
bination of vehicles other than a motorcycle, when
operated upon a highway, shall be equipped with
brakes adequate to control the movement of and
to stop and hold such vehicle or combination of
vehicles, including two separate means of applying
the brakes, each of which means shall be effective
to apply the brakes to at least two wheels. If these
two separate means of applying the brakes are
connected in any way, they shall be so constructed
that failure to anyone part of the operating mech-
anism shall not leave the motor vehicle without
brakes on at least two wheels. (2) Every motor-
cycle, bicycle, and bicycle with motor attached,
when operated upon a highway shall be equipped
with at least one brake, which may be operated by
hand or foot. (b) Performance ability of brakes.
(1) The service brakes upon any motor vehicle
or combination of vehicles shall be adequate to stop
such vehicle or vehicles when traveling twenty miles
per hour within a distance of thirty feet when upon
dry asphalt or concrete pavement surface free from
loose material where the grade does not exceed one
pel' cent. (2) Under the above conditions the hand
brake shall be adequate to stop such vehicle or ve-
hicles within a distance. of fifty-five feet and said
hand brake shall be adequate to hold such vehicle
or vehicles stationary on any grade upon which
operated. (3) Under the above conditions the ser-
vice brakes upon a motor vehicle equipped with
two-wheel brakes only, and when permitted here-
under, shall be adequate to stop the vehicle within
a distance of forty feet and the hand brake ade-
quate to stop the vehicle within a distance of fifty-
five feet. (4) All braking distance 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 ordi-
nance. (5) All brakes shall be maintained in good
working order and shall be so adjusted as to oper-
ate as equally as practicable with respect to the
wheels on opposite sides of vehicles.
29-1,116. Section 116. Horns and Warning De-
vices. (a) Every motor vehicle when operated
upon a highway shall be equipped with a horn in
good working order and capable of emitting sound
audible under normal conditions from a distance
of not less than 200 feet, but no horn or other warn-
ing device shall emit an unreasonably loud or harsh
sound or a whistle. The driver of a motor vehicle
shall when reasonably necessary tlo insure safe
operation give audible warning with his horn but
shall not otherwise use such horn when upon a
highway. (b) No vehicle shall be equipped with
nor shall any person use upon a vehicle any siren,
whistle, or bell, except as otherwise permitted in
this subdivision. It is permissible but not required
that any commercial vehicle be equipped with a
theft alarm signal device which is so arranged that
it cannot be used by the driver as an ordinary
warning signal. Any authorized emergency vehicle
may be equipped with a siren, whistle, or bell, capa-
ble of emitting sound audible under normal condi-
tions from a distance of not less than 500 feet
and of a type approved by the department but such
siren shall not be used except when such vehicle
is operated in response to an emergency call or in
the immediate pursuit of an actual or suspected
violator of the law, in which said latter events the
driver of such vehicle shall sound said siren when
necessary to warn pedestrians and other drivers of
-,
.
Ch. 29
TRAFFIC CODE.-Ordinance.
339
the approach thereof. (c)
equipped with nor shall any
cycle any siren or whistle.
No bicycle shall be
person use upon a bi-
29-1,117. Section 117. Mufflers, Prevention of
Noise. Every motor vehicle shall at all times be
equipped with a muffler in good working order and
in constant operation to prevent excessive or un-
usual noise and annoying smoke, and no person
shall use a muffler, cutout, bypass or similar de-
vice upon a motor vehicle on a highway.
29-1,118. Section 118. Mirrors. Every motor
vehicle which is so constructed or loaded as to ob-
struct 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 200 feet to the
rear of such vehicle.
.
29-1,119. Section 119. Windshields must be Un-
obstructed and Equipped with Wipers. (a) No per-
son shall drive any motor vehicle with any sign,
poster or other non-transparent material upon the
front windshield, sidewings, side or rear windows
of such vehicle other than a certificate or other
paper required to be so displayed by law. (b) The
windshield on every motor vehicle shall be equipped
with a device for cleaning rain, snow or other mois-
ture from the windshield, which device shall be so
constructed as to be controlled or operated by the
driver of the vehicle.
29-1,120. Section 120. Restrictions as to Tire
Equipment. (a) Every solid rubber tire on a ve-
hicle shall have rubber on its entire traction sur-
face at least one inch thick above the edge of the
flanges of the entire periphery. (b) No person
shall operate or move on any highway any motor
vehicle, trailer, or semi-trailer having any metal
tire in contact with the roadway. (c) No tire
on a vehicle moved on a highway shall have on its
periphery any block, stud, flange, cleat, or spike
or any other protuberances of any material other
than rubber which projects beyond the tread of the
traction surface of the tire, except that it shall be
permissible to use farm machinery with tires hav-
ing protuberances which will not injure the high-
way, and except also that it shall be permissible
to use tire chains of reasonable proportions upon
any vehicle when required for safety because of
snow, ice, or other conditions tending to cause a
vehicle to skid. (d) The Board of Commissioners
may, in their discretion, issue special permits au-
thorizing the operation upon a highway of traction
engines or tractors having movable tracks with
.
transverse corrugations upon the periphery of such
movable tracks or farm tractors or other farm
machinery, the operation of which upon a highway
would otherwise be prohibited under this ordinance.
29-1,121. Section 121. Vehicles Transporting Ex-
plosives. Any person operating any vehicle trans-
porting any explosive as a cargo or part of a cargo
upon a highway shall at all times comply with the
provisions of this section (a). Said vehicle shall
be marked or placarded on each side and the rear
with the word "explosives" in letters not less than
eight inches high, or there shall be displayed on
the rear of such vehicle a red flag not less than
twenty-four inches square marked with the word
"danger" in white letters six inches high. (b)
Every said vehicle shall be equipped with not less
than two fire extinguishers, filled and ready for
immediate use, and placed at a convenient point
on the vehicle so used.
29-1,122. Section 122. Scope and Effect of Ordi-
nance. (a) It is a misdemeanor for any person to
drive or move or for the owner to cause or know-
ingly permit to be driven or moved on any high-
way, any vehicle or vehicles of a size or weight
exceeding the limitations stated in this ordinance
or otherwise in violation of this ordinance. (b)
The provisions of this ordinance 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.
29-1,123. Section 123. Width of Vehicles. (a)
The total outside width of any vehicle or the load
thereon shall not exceed eight feet except as other-
wise provided in this section. (b) The total out-
side width of a farm tractor shall not exceed ten
feet. (c) Whenever pneumatic tires, in substitu-
tion of the same type or other types of tires, have
been heretofore or are hereafter placed upon a ve-
hicle in operation upon the effective date of this
ordinance, the maximum width from the outside
of one wheel and tire to the outside of the opposite
wheel and tire shall not exceed eight feet six inches,
but in such event the outside width of the body of
such vehicle or the load thereon shall not exceed
eight feet.
29-1,124. Section 124. Projecting Loads on Pas-
senger Vehicles. No passenger-type vehicle shall
be operated on any highway with any load carried
thereon extending beyond the line of the fenders
on the left side of such vehicle nor extending more
34D
TRAFFIC CODE.-Ordinance.
than six inches beyond the line of the fenders on
the right side thereof.
29-1,125. Section 125. Height and Length of Ve-
hicles. (a) No vehicle unladen or with load shall
exceed a height of twelve feet six inches. (b) No
vehicle shall exceed a length of thirty-six feet ex-
treme over-all dimension, inclusive of front and
rear bumpers. A truck tractor and semi-trailer
shall be regarded as one vehicle for the purpose
of determining lawful length. (c) No combination
of vehicles coupled together shall consist of more
than two units and no such combination of vehicles
shall exceed a total length of forty-five feet sub-
ject to the following exceptions. Said length limi-
tations shall not apply to vehicles now being oper-
ated under license or certificate issued by the Kan-
sas Corporation Commission, nor to vehicles oper-
ated in the daytime when transporting poles, pipe,
machinery or other objects of a structural nature
which cannot readily be dismembered, nor to such
vehicles transporting such objects operated at night
time by a public utility when required for emer-
gency repair of public service facilities or proper-
ties or when operated under special permit of the
State Highway Commission as provided by law,
but in respect to such night transportation every
such vehicle and the load thereon shall be equipped
with a sufficient number of clearance lamps on
both sides and marker lamps upon the extreme
ends of any projecting load to clearly mark the
dimensions of such load. (d) The load upon any
vehicle operated alone, or the load upon the front
vehicle of a combination of vehicles, shall not ex-
tend more than three feet beyond the front wheels
of such vehicle or the front bumper of such vehicle
if it is equipped with such a bumper.
29-1,126. Section 126. Spilling Loads on High-
ways Prohibited. No vehicle shall be driven or
moved on any highway unless such vehicle is so
constructed or loaded as to prevent any of its load
from dropping, sifting, leaking or otherwise escap-
ing therefrom except that sand may be dropped
for the purpose of securing traction, or water or
other substance may be sprinkled on a roadway in
cleaning or maintaining such roadway.
29-1,127. Section 127. Trailers and Towed Ve-
hicles; Drawbar Connections and Safety Hitch. (a)
When one vehicle is towing another the drawbar
or other connection shall be of sufficient strength
to pull, stop and hold all weight towed thereby,
and said drawbar or other connection shall not ex-
ceed fifteen feet from one vehicle to the other ex-
r;ept the connection between any two vehicles
Ch. 29
transporting poles, pipe, machinery or other ob-
jects of structural nature, which cannot readily be
dismembered. (b) In addition to the drawbar con-
nections between any two such vehicles there shall
be provided an adequate safety hitch. (c) When
one vehicle is towing another and the connection
consists of a chain, rope, or cable, there shall be
displayed upon such connection a white flag or cloth
not less than twelve inches square.
29-1,128. Section 128. Wheel and Axle Loads.
The gross weight upon any wheel of any vehicle
shall not exceed the weights specified in Section
119, Chapter 283, Laws of Kansas 1937, under the
conditions therein specified.
29-1,129. Section 129. Gross Weight of Loads.
No vehicle or combination of vehicles shall be
moved or operated on any highway or bridge when
the gross weight thereof exceeds the limits speci-
fied in Section 120 Chapter 283, Laws of Kansas
1937 as amended by Section 5, Chapter 58 Laws of
Kansas Special Session 1938.
29-1,130. Section 130. Officers may Weigh Ve-
hicles and Require Removal of Excess Loads. (a)
Any police officer having reason to believe that
the weight of a vehicle and load is unlawful is
authorized to require the driver to stop and submit
to a weighing of the same either by means of port-
able or stationary scales, and may require that such
vehicle be driven to the nearest public scale in the
event such scales are within two miles. (b) When-
ever an officer upon weighing a vehicle and load,
as above provided, determines that the weight is
unlawful, such officer may require the driver to
stop the vehicle in a suitable place and remain
standing until such portion of the load is removed
as may be necessary to reduce the gross weight
of such vehicle to such limit as permitted under
this ordinance. All material so unloaded shall be
cared for by the owner or operator of such vehicle
at the risk of such owner or operator. (c) Any
driver of a vehicle who fails or refuses to stop
and submit the vehicle and load to a weighing, or
who fails or refuses when directed by an officer
upon a weighing of the vehicle, to stop the vehicle
and otherwise comply with the provisions of this
section, shall be guilty of a misdemeanor.
29-1,131. Section 131. Penalties for Misdemeanor.
(a) It is a misdemeanor for any person to violate
any of the provisions of this ordinance. (b) Every
person convicted of a misdemeanor for a violation
of any of the provisions of this ordinance for which
another penalty is not provided shall for first con-
Ch.29
TRAFFIC CODE.-Ordinance.
341
viction thereof be punished by a fine of not more
than $100.00 or by imprisonment for not more than
ten days; for a second such conviction within one
year thereafter such person shall be punished by
a fine of not more than $200.00 or by imprisonment
of not more than twenty days or by both such fine
and imprisonment; upon a third or subsequent con-
viction within one year after the first conviction
such person shall be punished by a fine of not more
than $500.00 or by imprisonment for not more than
six months or by both such fine and imprisonment.
29-1,132. Section 132. Parties to Offense. Every
person who commits, attempts to commit, conspires
to commit, or aids or abets in the commission of,
any act declared herein to be a misdemeanor,
whether individually or in connection with one or
more other persons or as principal, agent, or acces-
sory, shall be guilty of such offense, and every
person who falsely, fraudulently, forcibly, or wil-
fully induces, causes, coerces, requires, permits, or
directs another to violate any provision of this or-
dinance is likewise guilty of such offense.
.
29-1,133. Section 133. Offenses by Persons Own-
ing or Controlling Vehicles. It is unlawful for the
owner, or any other person, employing or other-
wise directing the driver of any vehicle, to require
or knowingly to permit the operation of such vehi-
cle upon a highway in any manner contrary to law.
29-1,134. Section 134. Conviction to be Reported
to Department. (a) The Police Judge shall keep
a full record of every case in which a person is
charged with any violation of this ordinance or of
any other law regulating the operation of vehicles
on highways. (b) Within ten days after the con-
viction or forfeiture of bail of a person upon a
charge of violating any provision of this ordinance
or other law regulating the operation of vehicles
.
on highways said Judge shall prepare and imme-
diately forward to the department, an abstract of
the record of said court covering the case in which
said person was so convicted or forfeited bail, which
abstract must be certified by the person so required
to prepare the same to be true and correct. (c)
Said abstract must be made upon a form furnished
by the department and shall include the name and
address of the party charged, the registration num-
ber of the vehicle involved, the nature of the of-
fense, the date of hearing, the plea, the judgment,
or whether bail forfeited and the amount of the
fine or forfeiture as the case may be.
29-1,135. Section 135. Constitutionality. If any
part or parts of this ordinance shall be held to be
unconstitutional, such ~nconstitutionality shall not
affect the validity of the remaining parts of this
ordinance. The Board of Commissioners hereby
declares that it would have passed the remaining
parts of this ordinance if it had known that such
part or parts thereof would be declared unconstitu-
tional.
29-1,136. Section 136. Repeal. That ordinances
numbered 2958, 3209, 3474, 4136, 4476, 4518, 4519,
4520, 4695, and 4851, and all other ordinances and
sections of ordinances in conflict herewith be and
the same are hereby repealed.
29-1,137. Section 137. Time of Taking Effect.
This ordinance shall take effect and be in force
from and after its publication in the Book of Re-
vised Ordinances of the City of Salina.
Introduced, September 11, 1939.
Passed, September 18, 1939.
(SEAL)
Attest:
Ed Morgenstern,
Mayor.
Chas. E. Banker,
City Clerk.
.
.
.
Ch. 30
CHAPTER 30.-W ARDS.
30-101. City Divided into Wards and Precincts.
That the City of Salina be and the same is hereby
divided into five wards to be known and numbered
as the First, Second, Third, Fourth and Fifth Wards,
each of which shall be divided into the number of
voting precincts as hereinafter provided for. (Sl,
Ord. 4837, 2-14-38).
30-102. First Ward. All of that part of the City
of Salina lying north of Iron Avenue between Santa
Fe Avenue and the east line of Section 18, Town-
ship 14, Range 2 (Marymount Road) and lying
east of Santa Fe Avenue between Iron Avenue and
Otis Avenue and east of Fifth Street between Otis
A venue and the north city limits shall constitute
the First Ward. (S2, Ord. 4837, 2-14-38).
30-103. First Precinct of First Ward. The First
Precinct of the First Ward shall include all of that
part of the First Ward as herein defined which
lies north of the Smoky Hill River and north of
Iron Avenue between the Smoky Hill River and
Santa Fe Avenue. (S3, Ord. 4837, 2-14-38).
30-104. Second Precinct of First Ward. The
Second Precinct of the First Ward shall include all
of that part of the First Ward as hereindefined
which lies south of the Smoky Hill River. (S4,
Ord. 4837, 2-14-38).
30-105. Second Ward. All of that portion of the
City of Salina lying west of Santa Fe Avenue
between Iron Avenue and Otis Avenue and west
of Fifth Street between Otis A venue and the north
city limits and north of Iron Avenue (and the cen-
ter line of Iron Avenue extended through the re-
plat of part of University Addition) and north of
Marietta Avenue, between Santa Fe Avenue and
the west city limits. (S5, Ord. 4837, 2-14-38).
30-106. First Precinct of Second Ward. The
First Precinct of the Second Ward shall include
all of that part of the Second Ward as herein de-
fined which lies north of Grand Avenue between
Santa Fe Avenue and the west city limits, and
west of Santa Fe Avenue between Grand Avenue
and Otis Avenue, and west of Fifth Street between
Otis A venue and the north city limits. (S6, Ord.
4837, 2-14-38).
30-107. Second Precinct of Second Ward. The
Second Precinct of the Second Ward shall include
all of that part of the Second Ward as herein de-
fined which lies west of Santa Fe Avenue between
Elm Street and Grand Avenue. (S7, Ord. 4837,
2-14-38) .
WARDS.
:143
:30-10I:L Third Precinct of Second Ward. The
Third Precinct of the Second Ward shall include
all of that part of the Second Ward as herein de-
fined which lies south of Elm Street and west of
Twelfth StreeL. Ui8, Ord. 4837,2-14-38).
30-109. Fourth Precinct of Second Ward. The
Fourth Precinct of the Second Ward shall include
all of that part of the Second Ward as herein de-
fined which lies between Elm Street and Iron Ave-
nue and between Santa Fe Avenue and Twelfth
Street. (S9, Ord. 4837, 2-14-38).
30-110. Third Ward. All of that part of the
City of Salina which lies west of Santa Fe Avenue
between Iron Avenue (and the center line of Iron
Avenue extended west through the replat of part
of University Addition) and Marietta Avenue, on
the north, and Prescott Avenue on the south, which
constitutes the Third Ward. (S10, Ord. 4837, 2-
14-38).
30-111. First Precinct of Third Ward. The First
Precinct of the Third Ward shall include all of that
part of the Third Ward as herein defined which
lies west of Twelfth Street and south of the north
line of Third Ward as herein defined and north of
Spruce Street between Bakel' Street and the Mis-
souri Pacific Railway and north of the alley which
runs east and west through Phillips Second Addi-
tion between Twelfth Street and Baker Street and
north of the south lines of Blocks 3 and 4 in Wal-
nut Grove Addition. (Sl1, Ord. 4837, 2-14-38).
30-112. Second Precinct of Third Ward. The
Second Precinct of the Third Ward shall include
all of that part of the Third Ward as herein de-
fined which lies between Santa Fe Avenue and
Twelfth Street and south of Iron Avenue and north
of Mulberry Street between Santa Fe Avenue and
Ninth Street and north of the north line of Seitz
Addition between Ninth Street and Eleventh Street
and north of the alley which runs east and west
in Phillips Second Addition between Eleventh Street
and Twelfth Street. (912, Ord. 4837, 2-14-38).
30-113. Third Precinct of Third Ward. The Third
Precinct of the Third Ward shall include all of that
part of the Third Ward as herein defined which
lies west of Eleventh Street between the north line
of Seitz Addition and South Street and west of
Eleventh Street between South Street and Prescott
A venue and south of the alley which runs east and
west in Phillips Second Addition between Twelfth
Street and Baker and south of Spruce Street be-
tween Baker Street and Missouri Pacific Railroad
344
WARDS.
Ch. 30
and south of the north lines of Blocks 5 and 6 in and north of Wilson Street (and Wilson Street ex-
Walnut Grove Addition. (~13, Ord. 4837, 2-14-38). tended east). (~20, Ord. 4837, 2-14-38; Amd. ~2,
Ord. 4840, 2-28-38).
30-123. That it shall be the duty of the City
Clerk to compile and maintain registration books
containing the names of all duly registered elec-
tors of the City of Salina and to transfer to such
books the names of all duly registered and quali-
fied electors or voters of said city now shown by
the registration books of the several wards and
voting precincts as heretofore existing, to the
proper registration books for the new voting pre-
cincts hereby created, and that each duly regis-
tered and qualified voter entitled to vote in the
City of Salina in the several wards as now exist-
ing, after being transferred to the new registration
books for the new voting precincts created by this
ordinance shall be entitled to vote in the voting
precinct hereby created in which such voter re-
sides as shown by his present registration record,
Front Street and Marymount Road and south of and all voters or electors hereafter desiring to
the Country Club Road between Marymount Road " t db" th " d I quall"fl"ed shall
" "" .1 reg IS er an emg 0 erWlse u y
and the east cIty lImIts. (~17, Ord. 4837, 2-14-38). b "t d" th t" . t c eated by thl'S
e regls ere m e vo mg precmc r
ordinance in which such voter or elector resides.
(~23, Ord. 4837, 2-14-38).
30-114. Fourth Precinct of Third Ward. The
Fourth Precinct of the Third Ward shall include
all of that part of the Third Ward as herein de-
fined which lies west of Santa Fe Avenue between
Mulberry Street and Prescott Avenue and east of
Eleventh Street and south of Mulberry Street be-
tween Santa Fe Avenue and Ninth Street and south
of the north line of Seitz Addition between Ninth
Street and Eleventh Street and north of Prescott
Avenue. (~14, Ord. 4837, 2-14-38).
30-115. Fourth Ward. All of that part of the
City of Salina which lies east of Santa Fe Avenue
between Iron Avenue and Prescott Avenue and east
of Marymount Road and south of the Country Club
Road shall constitute the Fourth Ward. (~15, Ord.
4837, 2-14-38; Amd. ~1, Ord. 4840, 2-28-38).
30-116. First Precinct of Fourth Ward. The
First Precinct of the Fourth Ward shall include
all of that part of the Fourth Ward as herein de-
fined which is bounded on the west by Santa Fe
Avenue, on the north by Iron Avenue, on the south
by Prescott Avenue and on the east by Front Street
(and Front Street extended) between Iron Avenue
and Prescott Avenue. (~16, Ord. 4837, 2-14-38).
30-117. Second Precinct of Fourth Ward. The
Second Precinct of the Fourth Ward shall include
all of that part of the Fourth Ward as herein de-
fined which lies south of Iron Avenue between
30-118. Fifth Ward. All of that portion of the
City of Salina which lies south of Prescott Avenue
(and Prescott Avenue extended east) shall con~ti-
tute the Fifth Ward. (~18, Ord. 4837, 2-14-38).
30-119. First Precinct of Fifth Ward. The First
Precinct of the Fifth Ward shall include all of
that part of the Fifth Ward as herein defined and
is bounded on the north by Prescott Avenue, on the
south by Wilson Street, on the east by Ninth Street
and west by the west city limits. (~19, Ord. 4837,
2-14-38) .
30-120. Second Precinct of Fifth Ward. The
Second Precinct of the Fifth Ward shall include
all of that part of the Fifth Ward as herein de-
fined which lies east of Ninth Street, south of Pres-
cott Avenue (and Prescott Avenue extended east)
30-121. Third Precinct of Fifth Ward. The Third
Precinct of the Fifth Ward shall include all of that
part of the Fifth Ward as herein defined which
lies south of Wilson Street and west of Ninth
Street. (~21, Ord. 4837, 2-14-38).
30-122. Fourth Precinct of Fifth Ward. The
Fourth Precinct of the Fifth Ward shall include
all of that part of the Fifth Ward as herein de-
fined which lies east of Ninth Street and south of
Wilson Street (and Wilson Street extended east).
(~22, Ord. 4837, 2-14-38).
.
30-124. Registration; voting. After this ordi-
nance takes effect the residents of the voting pre-
cincts as defined in the preceding sections of this
ordinance shall register from and vote only in the
voting precinct in which any such person shall
reside. (~24, Ord. 4837, 2-14-38).
30-125. Territory Outside City Limits; Attached
For School Purposes; Residents; Voting. That all
territory outside of the corporate limits of the City
of Salina which has been attached to the City of
Salina for school purposes and which is a part of
the City of Salina School District shall be and the
same is hereby attached to the several voting pre-
cincts of the City of Salina contiguous thereto and
.
Ch.30
WARDS.
345
- --------- -.~----.._-_.._------_.._--~-_._-_._--_._------_.._----- ---."- -- -'---~
all persons residing in any such attached territory
and possessing the qualifications of an elector under
the laws of the State of Kansas shall be qualified
to vote at an election in the City of Salina for
school purposes only in any voting precinct of such
city which lies contiguous to the attached territory
in which such person resides, and the boundaries
of which voting precinct, if extended, would include
the residence of such school district voter, and the
ballots furnished to any such persons for the pur-
pose of voting at any such election shall be so
prepared as to permit such persons to vote for
school purposes only and the judges and clerks of
election in any voting precinct at which any such
votes are cast shall prepare and keep a separate
record of the persons casting such ballots, their
place of residence and of the number of such ballots
received by them at any such election. (~25, Ord.
4837, 2-14-38).
30-126. Additional Territory. That any territory
hereafter added to the City of Salina shall become
a part of that ward and voting precinct to which
it is contiguous and whose boundaries intersecting
the city limits if extended, would include such
added territory, unless such territory shall by ordi-
nance be specifically attached to some other ward
or voting precinct. (@26, Ord. 4837, 2-14-38).
.
.
.
Ch.31
CHAPTER 31.-WEEDS.
(See 13-440, G. S. 1935)
31-101. Weeds; Owner, Occupant, etc., of Land
Required to Cut. It shall be unlawful for any owner,
occupant or other person in charge of any lot or
piece of land within the City of Salina, to permit
the growth thereon of weeds, rank grass or other
obnoxious growths of vegetation and it shall be the
duty of every owner, occupant or person in charge
of any such lot or piece of land within the City of
Salina to cut and destroy all weeds, rank grass or
other obnoxious growths of vegetation thereon. (!iI,
Ord. 3875, 4-28-30).
.
31-102. Weeds; Public Nuisance; City May Cut.
The existence of weeds, rank grass or other obnox-
ious growths of vegetation on any lot or piece of
land within the City of Salina is hereby declared
to be a public nuisance and in the event of the
failure of the owner, occupant or person in charge
of any such lot or piece of land to cut and destroy
such weeds, rank grass or other obnoxious growths
of vegetation thereon, it shall be the duty of the
Street Superintendent, at any time after this ordi-
nance takes effect, to proceed to cut and destroy
all such weeds, rank grass or other obnoxious
growths of vegetation found by him on any lot or
piece of ground in the City of Salina. (!i2, Ord.
3875, 4-28-30).
31-103. Interference with City Cutting Unlawful.
It shall be unlawful for any person, owner or occu-
pant or person in charge of any lot or piece of
land in the City of Salina, to interfere with or to
attempt to prevent the Street Superintendent or
.
WEEDS.
347
any person employed or designated by him to cut
and destroy any such weeds, rank grass or other
obnoxious growths of vegetation, from entering
upon any such lot or piece of ground or from pro-
ceeding with such cutting and destruction. (!i3,
Ord. 3875, 4-28-30).
31-104. Accounts of Costs of Cutting; Assess-
ment. The Street Superintendent shall keep an ac-
count of the cost of cutting and destroying the
weeds, rank grass or other obnoxious growth of
vegetation on each such lot or piece of ground in
the City of Salina, and shall report the same to
the City Clerk and such cost shall be by ordinance
assessed against each such lot or piece of land and
such special assessments shall be by the City Clerk
certified to the County Clerk of Saline County,
Kansas, to be collected in like manner as other
taxes and special assessments are collected accord-
ing to law. (94, Ord. 3875, 4-28-30).
31-105. Violations; Penalty. Any person who
shall violate any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall be fined not less than $5.00
nor more than $25.00 for each offense. This pro-
vision shall be in addition to any other provision
contained in this ordinance, 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 pen-
alty provided for in this section against any person
found guilty of violating the provisions of this ordi-
nance. (!i5, Ord. 3875, 4-28-30).
348
WHITE WAY.
from Ash Street to 400 feet south of Iron Avenue.
CHAPTER 32.-WHITE WAY.
32.101. Ordinance No. 1706, passed March 24,
1913; Provided for installation of a White Way
on Iron Avenue between Fifth and Seventh Streets
and on Santa Fe Avenue between Ash and Walnut
Streets, and for the maintenance of same for five
years from said date at prices provided for in said
ordinance, and for the removal of certain arc lights
on said streets, to be deducted from the number
of arc lights paid for by City.
Ch. 32
32-103. Ordinance No. 2068, passed July 16,1917;
Provided for maintenance of White Way as pro-
vided for by Ordinance No. 1706, and for installa-
tion and maintenance of such additional White Way
Poles as the City might at any time order in, at
prices fixed by such ordinance, for a term of five
years from the date thereof; Defined the conditions
of Installations of White Way Poles; Provided for
replacement of old type by new type arc lights
throughout the City.
32-102. Resolution passed June 16, 1917; Pro-
vided for extension of White Way on Santa Fe /. (NOTE: See 22-301, et seg., street lighting, Ord.
from Ash to Elm Streets and on Seventh Street 3294, 10-4-26; Amd. ~1, Ord. 4160, 5-31-32.)
.
.
Ch.33
AIRPORT and AIRCRAFT.
349
CHAPTER 33.-AIRPORT AND
AIRCRAFT.
(See Secs. 3-113 to 3-117, G. S. 1935)
33-101. Definition of Terms. In this ordinance,
The term "aircraft" means any contrivance now
known or hereafter invented, used or designed for
navigation of or flight in the air, except a para-
chute or other contrivance used primarily as safety
equipment.
The term "public aircraft" means an aircraft
used exclusively in the governmental service of the
United States or of any state or territory thereof.
The term "civil aircraft" means any aircraft other
than a public aircraft, and the word aircraft as
used in this ordinance shall be deemed to refer to
"civil aircraft" unless otherwise specifically stated.
The term "pilot" shall include every person who
being in or upon any aircraft, undertakes to direct
its ascent, flight or descent in the air.
The term "airman" means any individual (includ-
ing the person in command and any pilot, mechanic
or member of the crew) who engages in the navi-
gation of aircraft while under way, and any in-
dividual who is in charge of the inspection, over-
hauling or repairing of aircraft.
The term "person" means an individual, a part-
nership, or two or more individuals having a joint
or common interest, or a corporation.
The term "sole stage" means that point in the
course of flying instruction, where a student under-
takes to pilot aircraft alone as provided herein.
The term "flight" shall include every kind of loco-
motion by aircraft.
The term "limits of the city" means the land
within, or the air above the land within, the geo-
graphical boundaries of the City of Salina as now
or hereafter defined, and the Salina Municipal Air-
port and above the same.
"The Salina Municipal Airport" shall be deemed
to refer to the airport now owned by the City of
Salina, acquired by said city under the provisions
of Section 3-110 Revised Statutes 1923 and located
upon the East Half of the Northwest Quarter and
the West Half of the Northeast Quarter of Section
Twenty (20) Township Fourteen (14) South, Range
Two (2) West of the 6th P. M. in Saline County,
Kansas, and any other airport which may be here-
after acquired by the City of Salina, and the word
airport as used in this ordinance shall be deemed
to refer to the Salina Municipal Airport unless
otherwise specifically stated.
.
The "Salina Aircraft Board" shall be deemed to
refer to the Board created by and appointed under
the provisions contained in this ordinance. (~1,
Ord. 3769, 8-31-29).
33-102. Salina Aircraft Board. There is hereby
created a Board to be known as The Salina Air-
craft Board, to consist of five members, who shall
be appointed by and who shall hold office at the
pleasure of the Board of Commissioners of the City
of Salina, Kansas. At least two of the members
of s;id Board shall be persons experienced in the
navigation of aircraft. The City Manager of the
City of Salina shall be "ex officio" a member of
said Board (and shall be one of the five members
thereof) shall act as the Secretary thereof, and
shall keep the records of such Board. Said Board
shall select its own chairman and shall provide its
own rules of proceedure.
It shall be the duty of said Board to make rec-
ommendations from time to time to the Board of
Commissioners of the City of Salina, relating the
use, control and regulation of the Salina Municipal
Airport and of aircraft using the same. Said Air-
craft Board shall administer the provisions of this
ordinance and for such purpose is authorized to
make such rules and regulations for the conduct
and use of said airport and persons using the same,
including air traffic rules, as may in their opinion
be necessary to execute the powers vested in such
Board by this ordinance, and as may be necessary
for the convenience and safety of the public and
all persons using such airport, which rules and reg-
ulations shall conform to and coincide with, so far
as possible, the provisions of the Air Commerce
Act of 1926, and amendments thereto, passed by
the Congress of the United States and Air Com-
merce Regulations and Air Traffic Rules issued
from time to time pursuant thereto, and such rules
and regulations when adopted by said Aircraft
Board and posted in one or more conspicuous places
on said airport, and after a copy thereof shall be
filed in the offices of the City Clerk, and approved
by the Board of Commissioners, shall have the same
force and effect as if enacted by ordinance of the
Board of Commissioners of said city unless and
until the same shall be rescinded, amended or set
aside by ordinance or resolution duly adopted by
the Board of Commissioners. (~2, Ord. 3769, 8-
31-29).
33-103. Use of Airport. The Salina Municipal
Airport may be used for the service of all aircraft
and pilots desiring to use the same, subject how-
ever to such regulations, not in conflict with the
350
AIRPORT and AIRCRAFT.
Ch. 33
laws of the United States and the State of Kan-
sas, as may be imposed by this or any other ordi-
nance of the City of Salina or by the rules and
regulations adopted by said aircraft board, and
provided that all persons using said airport as a
permanent or temporary base for commercial or
private flying shall pay to the City of Salina as
compensation therefor, or for the rental of hangar
or storage space thereon, such sum as may be re-
quired by the governing body of said city. (S3,
Ord. 3769, 8-31-29).
33-104. Federal Law Followed. That the policy,
principles and practices established by the United
States Air Commerce Act of 1926, and all amend-
ments thereto and the Air Commerce Regulations
issued pursuant thereto, are hereby adopted and
extended, and made applicable, so far as they may
be made to apply, to cover all air traffic in or over
the limits of the City of Salina, and to and from
said airport. (S4, Ord. 3769, 8-31-29).
33-105. Aircraft License Required. No civil air-
craft shall be flown in or over the limits of the
City of Salina or over said airport, or shall land
upon or take off from said airport or otherwise use
the same, for any purpose, unless said aircraft shall
have an appropriate existing license under Federal
law or under the laws of the State of Kansas re-
lating thereto. (S5, Ord. 3769, 8-31-29).
33-106. Airman License Required. No person
shall act as an airman of any civil aircraft when
such aircraft is flown or operated in or over the
limits of the City of Salina or over said airport,
or when the same shall land upon or take off from
said airport or otherwise use the same, unless he
shall have an appropriate existing license under
Federal Law or be licensed under the laws of the
State of Kansas relating thereto; provided that no
person undergoing instruction which will qualify
him as a pilot shall be required to have a pilot's
license until he has reached the "sole stage". (S6,
Ord. 3769, 8-31-29).
33-107. Restrictions on Flying. That no aircraft
in the air over the limits of the City of Salina or
said airport, or landing upon or taking off from
the same or otherwise using the same, shall be
guided or controlled by the pilot in a manner de-
signed to give demonstration of trick or "stunt" fly-
ing or aerial acrobatics, or be given any manipu-
lation of the controls which may tend to divert the
aircraft from a normal flight with every considera-
tion of safety and stability. (S7, Ord. 3769, 8-31-29).
33-108. Height of Flying. No aircraft shall fly
over the limits of the City or over said airport at
a height lower than that enabling such aircraft
to glide in any emergency, and at all times, to a
known established or recognized open or unob-
structed place, and in no event under 1,000 feet;
provided however that these restrictions shall not
apply in the event of a fog, forced landing, or at
the beginning or end of a flight, provided such air-
craft shall maintain the height herein required as
long as may be consistent with a safe landing, and
shall acquire the height herein required as soon
as may be consistent with a safe take off. (S8,
Ord. 3769, 8-31-29).
33-109. Dropping Material in Flight. No person
shall cause or permit to be thrown out, discharged
or dropped from any aircraft in or over the limits
of the City of Salina or said airport any ballast,
instruments, tools, containers or any other article
of any kind, unless it be directly over a place estab-
lished for that purpose, and all equipment and arti-
cles carried in aircraft shall be securely and ac-
curately fastened in place before leaving the
ground. (S9, Ord. 3769, 8-31-29).
33-110. License Displayed. It shall be unlawful
for any person to own or operate any aircraft in
or over the limits of the city or over said airport,
or to land upon, take off from or otherwise use
said airport unless a license issued under the Fed-
eral Law, or evidence of the existence thereof as
required by Federal Law, or the official number
plate provided for under the laws of the State of
Kansas, shall be conspicuously displayed on and at-
tached to said aircraft, and unless the pilot navi-
gating any such aircraft shall have in its posses-
sion an existing license or certificate issued either
by the Federal government or by the State of Kan-
sas. (SID, Ord. 3769, 8-31-29).
33-111. Fraudulent License. It shall be unlaw-
ful for any person to have in his possession any
fradulent, forged or counterfeit certificate or li-
cense, purporting to license such person as a pilot
or airman or to license the aircraft operated or
owned by or in the possession of any such person,
or for any such person to operate or to direct or
cause the operation of any aircraft under any fradu-
lent, forged or counterfeit license or certificate, or
any license or certificate which may have expired,
or which may have been revoked or cancelled. (SI1,
Ord. 3769, 8-31-29).
33-112. Agreements for Use of Airport. The
Board of Commissioners may enter into agreements
.
.
Ch. 33
AIRPORT and AIRCRAFT.
with any person or persons for the use of such
airport for temporary or permanent base for any
aircraft owned or operated by any such person for
commercial flying or for the instruction of students
in flying or for any other purpose, for such com-
pensation in any case as the Board of Commission-
ers may deem reasonable and proper, and the Board
of Commissioners shall have the right to regulate
the charges made to the public by any person us-
ing said airport for local commercial flying or air
taxi service, and the charges made for instruction
in flying by any person using such airport for such
purpose, and may prohibit any excessive or exhor-
bit ant charges made by any such persons, and each
person who may have heretofore or may hereafter
enter into an agreement for the use of such air-
port or any part thereof shall abide by all of the
provisions of this ordinance and of any ordinance
hereafter adopted, and shall abide by and shall
conform with all of the rules and regulations made
and adopted by the Salina Aircraft Board as herein
provided for, and if any such person or any agent,
servant, representative or employee of any such
person shall violate any of the provisions of any
such ordinance, rules or regulations, or upon notice
and demand shall refuse to comply with the same,
such person may thereafter be denied any further
use of said airport or any part thereof and any
contract or agreement which may be in existence
at such time may be automatically revoked and
suspended, such penalty to be in addition to any
other penalty which may be provided for in this
ordinance. (!i12, Ord. 3769, 8-31-29).
33-113. Direction of Airport. The Board of Com-
missioners may appoint a person to take charge of
said airport who shall when appointed be known
as the Director of the Salina Municipal Airport and
when appointed, such person shall be under the
supervision of the Aircraft Board, and shall have
authority and it shall be his duty to enforce the
provisions of all ordinances and laws relating to
said airport and to aircraft using the same and all
rules and regulations which may be adopted pursu-
ant to this ordinance. Such person and each mem-
ber of said aircraft board shall by virtue of his
office be a special police officer of the City of
Salina, and each such special officer, and any other
regular or special police officer of the City of
Salina shall be authorized and it shall be their duty
to enforce all of the provisions of this ordinance
and any other ordinances or laws relating to said
airport or to aircraft using the same and any and
all rules and regulations adopted pursuant to this
ordinance. (!i13, Ord. 3769, 8-31-29).
.
33-114. Exceptions. The provisions of this ordi-
nance shall not apply to civil aircraft or airmen
while exclusively engaged in commercial flying
constituting an act of interstate or foreign com-
merce, nor to public aircraft. (!i14, Ord. 3769, 8-
31-29) .
33-115. Penalty. If any person shall violate or
cause, permit or direct the violation of any of the
provisions of this ordinance, or any of the rules
and regulations adopted and in effect pursuant to
the provisions of this ordinance, or shall fail to do
any of the things required to be done by the pro-
visions of this ordinance or of such rules and regu-
lations such person shall be deemed guilty of a
misdemeanor and upon conviction shall be fined
in any sum not exceeding $500.00, or may be im-
prisoned for a term not exceeding thirty days, or
may be punished by both such fine and imprison-
ment for each such offense, and each day's viola-
tion of any of the provisions of this ordinance or
of any of such rules or regulations shall be deemed
to constitute a separate offense, but this provision
shall not be deemed to prohibit the prosecution of
any person for more than one offense on the same
day. (!i15, Ord. 3769, 8-31-29).
33-116. Sale of Gasoline at Airport; Fees; Regu-
lations. No person, firm or corporation shall sell
or dispense gasoline, either from pumps or tank
wagons, or from barrels, cans or otherwise, upon
or from the premises occupied by the Salina Munici-
pal Airport, without paying to the City of Salina
as compensation for such right the following
amounts:
For the sale of gasoline for aircraft use from
tank wagons, barrels, cans or other containers, or
from pumps installed upon said premises, the sum
of $25.00 per year, or part thereof, which pay-
ment shall cover a period expiring December 31st
following the date when such payment becomes due,
which shall include the right to install and main-
tain a gasoline pump for such purpose, provided
that no such pump shall be located on said airport
except at a location designated by the City Engi-
neer, and approved by the City Manager of the
City of Salina, and provided that the type of equip-
ment and method of installation shall be first ap-
proved by the City Engineer. (!iI, Ord. 4427, 6-
25-34) .
33-117. Same; Violations; Penalty. It shall be
unlawful for any person, firm or corporation to
sell or dispense gasoline, for any purpose what-
soever, at or from the premises occupied by the
351
352
AIRPORT and AIRCRAFT.
offense. (~2, Ord. 4427, 6-25-34).
Salina Municipal Airport owned by the City of
Salina, Kansas, without first paying the compensa-
tion herein provided for, and any person, firm or
corporation or any agent, servant, employee or rep-
resentative thereof who shall violate any provision
of this ordinance shall be deemed guilty of a mis-
demeanor and upon conviction shall be fined not
less than $25.00 nor more than $100.00 for each
offense, and each day upon which any such viola-
tion is committed, it shall be deemed a separate
Ch.33
33-118. Same. Any person, firm or corporation
who shall violate any provisions of this ordinance
may be denied the use of said Salina Municipal
Airport for any purpose whatsoever, and any equip-
ment or property belonging to any such person may
be removed from said airport premises by the per-
son in charge of said airport, or by any officer of
the City of Salina. (~3, Ord. 4427, 6-25-34).
.
Ch. 34
CITY COURT.
CHAPTER 34.-CITY COURT.
(See Secs. 20-1401 to 20-1423, G. S. 1935; see also
State, ex. reI, vs. Smith, 130 Kan. 228.)
34-101. Establishment of City Court. That there
be and there is hereby created and established in
the City of Salina pursuant to the provisions of
Article 14 of Chapter 20 of Revised Statutes of
Kansas 1923, being Sections 20-1401 as amended to
20-1423 inclusive, of said Revised Statutes, a City
Court in and for the City of Salina, Kansas, which
shall be known as "The City Court of Salina" and
that the mayor of the City of Salina be and with
the consent of the City Commission, shall appoint
a Judge of such city court, a clerk of such City
Court and a marshal of such City Court. (~1, Ord.
3767, 8-19-29).
.
34-102. Judge, Clerk and Marshal. It shall be
the duty of the Board of Commissioners of said city
to select and appoint as the judge of said city court
some attorney at law who has been admitted to the
bar and who is a resident and citizen of such city
and such judge shall hold his office until the next
city election is held in said city and until his suc-
cessor is elected and qualified. Said mayor by and
with the consent of said Board of Commissioners
shall appoint a clerk and marshal of such city court
who shall be persons of approved integrity pos-
sessing the ability to fill such offices. (~2, Ord.
3767, 8-19-29).
34-103. Jurisdiction; Laws Applicable; Limit of
Jurisdiction of Justices. The Court hereby estab-
lished shall, under the limitations and restrictions
herein provided, have original jurisdiction in civil
cases for the recovery of money only and to try
and determine the same, where the amount claimed
does not exceed one thousand dollars; and the court
hereby established shall have jurisdiction of ac-
tions for the recovery of specific personal property
not to exceed five hundred dollars in value, as here-
inafter provided. In all other respects the said
court hereby established shall have the same juris-
diction, civil and criminal, as Justices of the Peace
now have in this state, and for the purpose of the
jurisdiction hereby conferred and of its proper and
necessary exercise, all of the laws of this state
relating to the powers, duties and jurisdiction of
Justices of the Peace and practices, pleadings and
proceedings in Justice Courts which are not in con-
flict with the provisions of this ordinance shall
apply to said city court and the judge thereof, and
to the mode of practice therein, and to the power,
.
original, mesne and final so far as the same may
be applicable; Provided, that after this ordinance
shall take effect Justices of the Peace in such city
shall have no jurisdiction of any case, civil or
criminal, except in civil actions for the recovery of
money only where the amount claimed exclusive
of costs does not exceed the sum of one dollar, but
this ordinance shall not apply to any suit or pro-
ceeding before justices of the peace pending at the
time this ordinance takes effect, nor to the enforce-
ment of judgments theretofore rendered by them.
(~3, Ord. 3767, 8-19-29).
34-104. Issuance of Process. All writs and pro-
cesses of every kind in cases brought or pending
in said city court shall be issued by the clerk there-
of, or in case of his absence, or being otherwise
engaged, then by the judge thereof in the name of
the clerk, in the same manner as such writs and
processes are issued by the clerk of the district
court. (~4, Ord. 3767, 8-19-29).
34-105. Commencement of term of Judge, Clerk
and Marshal; Law Practice by Judge. That the
office of judge, clerk and marshal of said court are
hereby created, whose terms of office, respectively,
shall commence from the date of their respective
appointment or from the date of their election, and
who shall hold their office for the term of two
years and until their successors are elected and
qualified, as provided by this ordinance: Provided
further, that it shall be unlawful for the judge of
said court to engage in the practice of law in any
of the courts of the state of Kansas during his said
term of office. (~5, Ord. 3767, 8-19-29).
34-106. Qualifications and Residence of Judge,
Clerk and Marshal. Said judge, clerk and marshal
shall at the time of their election be qualified voters
of such city and shall reside therein during their
term of office, and the judge of said court shall be
a lawyer regularly admitted to practice law in the
district courts of Kansas. (~6, 3767, 8-19-29).
34-107. Direction and Execution of Process. All
writs and processes issued by the judge or clerk
of said court shall be directed to the marshal of
said court or to the sheriff of said county in which
said city is located, or, when proper, to the sheriff
of adjoining or other counties in said state, and
shall be executed and returned by such officer in
the same manner in all respects as now provided
by law in relation to writs and processes issued by the
Clerk of the District Court. (~7, Ord. 3767, 8-
19-29).
353
354
CITY COURT.
Ch. 34
34-108. Salary of Judge, Clerk and Marshal. The
judge of the court shall receive for his services,
a salary of two hundred ($200) dollars per month;
the clerk of said court shall receive for his services
a salary of one hundred ($100) dollars per month;
the marshal of said court shall receive for his ser-
vices a salary of one hundred twenty-five ($125)
dollars per month. All of such salaries shall be
paid in monthly installments by such city out of
the city treasury. (S8, Ord. 3767, 8-19-29).
34-109. Duties of Clerk. The clerk of said court
shall record the proceedings of said court, make
out all writs, processes and other papers necessary
to be signed or issued by said clerk or judge, ad-
minister oaths required in judicial and other pro-
ceedings before such court or the judge thereof,
file all papers in cases pending in said court, docket
cases and set the same for trial, and he shall per-
form such other clerical duties in relation to the
proceedings in said court as may be directed by
said judge. (S9, Ord. 3767, 8-19-29).
34-110. Docket and Stationery. Said court shall
keep a civil and criminal docket, which shall be
furnished by such city, in which docket must be
entered by the clerk or the judge every case brought
or pending in said court and all the proceedings
had or done therein, in the same manner in all re-
spects as is provided by law relating to the docket
of justices of the peace and such city shall furnish
all necessary and proper stationery for the use of
said court. (SI0, Ord. 3767, 8-19-29).
34-111. Court Room and Supplies. The govern-
ing body of such city shall provide suitable rooms
for holding said court in such city, and provide
for suitable furniture, fuel and lights, and all other
necessary incidental expenses of said court. (SI1,
Ord. 3767, 8-19-29).
34-112. Change of Venue. In any civil case
brought in said court, a change of venue may be
taken to the district court of said county in which
said city is located upon the application of either
party, in the same manner as is provided by law
for taking changes of venue from district courts of
this state. (SI2, Ord. 3767,8-19-29).
34-113. Appeals. Appeals may be taken from
said court to the district court of the county in
which such city is located, in the same manner and
to the same extent as provided by law for appeals
in cases before justices of the peace. (SI3, Ord.
3767, 8-19-29).
34-114. Judges Pro Tern. In case of the absence,
sickness or disability of the judge of said court,
such judge may appoint a judge pro tem. of said
court, who shall hold court for him and hear and
determine any matter pending therein to the same
extent that such absent or disabled judge might
do if personally present, and such judge pro tem.
shall fill such position until the judge of said court
can be personally present. (SI4, Ord. 3767, 8-
19-29) .
34-115. Judge, Clerk or Marshal Not to Act as
Counsel for Party. N either said judge, clerk or
marshal shall draw any pleadings in their said court
nor act as attorney for any person in any such
case. (SI5, Ord. 3767, 8-19-29).
34-116. Oath of Judge, Clerk and Marshal. The
judge, clerk and marshal of said court shall, before
entering upon the discharge of their duties, take
and subscribe an oath to support the constitution
of the United States and of the state of Kansas
and to faithfully discharge the duties of their re-
spective offices. Such oaths shall be administered
by the clerk of the district court of such city. (SI6,
Ord. 3767, 8-19-29).
34-117. Deposit or Security for Costs. In all
civil actions brought in said court, where the plain-
tiff is a nonresident of the state of Kansas, before
summons or other process shall be issued therein,
a deposit of seven dollars and fifty cents shall be
made by the plaintiff with the clerk of said court
as security for costs in said case. The judge of said
court may in any case require such security as he
may deem sufficient to cover all costs therein: Pro-
vided, That in cases where the plaintiff, being a
resident of the county wherein such city is located,
and having a just cause of action against the de-
fendant is unable by reason of his or her poverty
to give such security, on affidavit made before said
clerk or judge that such is the fact, no deposit or
security for costs shall be required. In all actions
in which security for costs has been given or a
deposit been made the defendant may, upon reason-
able notice given to the plaintiff, at any time be-
fore final judgment therein, move the court for an
additional deposit or security for costs, and if on
hearing said motion the court be satisfied that such
security or deposit for costs is not sufficient, it may
require additional deposit or security for costs to
be given by the plaintiff within a reasonable time,
to be fixed by the court, and if not given as re-
quired the action may be dismissed: Provided, That
where the plaintiff is a resident of such county
wherein such city is located, he may at the com-
.
Ch. 34
CITY COURT.
355
34-118. Fees; Collections and Disposition of Fees
and Costs. In all causes, civil or criminal, brought
in said court, there shall be taxed therein the same
fees as are allowed by law in such cases before
justices of the peace in this state, and when the
same are collected they shall be paid by the clerk
of said court, on the first Monday in each month,
to the city treasurer of such city, and all such costs
and fees shall be collected as is provided by law
for the collection of costs in justice courts of this
state, and said city treasurer shall credit the same
to the city funds, and give duplicate receipts for
the same, one of which shall on the same day be
deposited with the City Clerk by the Clerk of said
court, together with a detailed statement of the
items of costs, the title of the case in which they
were paid, and the name of the parties paying the
same: Providing, That no fees of witnesses or
jurors shall be so deposited, but shall be paid by the
clerk of said court to the parties to whom they
are due; Provided further, That all witnesses' fees
and jurors' fees collected and not claimed by the
persons entitled thereto, shall at the end of each
six months be paid to the city treasurer, and if the 34-123. Vacancies. All the vacancies in the of-
same shall not be claimed by the persons entitled fice of judge, clerk or marshal of said court shall
thereto within one year from the date of their de- be filled by appointment of the mayor and city com-
posit with the said city treasurer, said unclaimed mission until the next election for city officers oc-
witnesses' and jurors' fees shall be paid into the I curring more than thirty days after such appoint-
general fund of such city. (918, Ord. 3767, 8-19-29). ment. (923, Ord. 3767, 8-19-29).
mencement of the suit deposit five dollars, which
shall be in lieu of all security or deposit for costs
herein provided, except the jury fee where a jury
is demanded by plaintiff. All costs advanced or
paid by the plaintiff shall be returned to him when
the same are collected from the defendant in the
action. (917, Ord. 3767, 8-19-29).
.
.
34-119. Payment of Moneys by Check to Persons
Entitled. All money paid into said court shall be
paid to the clerk thereof, who shall pay the same
to the party entitled thereto, except as provided in
the next preceding section hereof. (919, Ord. 3767,
8-19-29).
34-120. Bond of Clerk. The Clerk of said court
shall give bond in the sum of two thousand dollars
to such city, to be conditioned, approved and de-
posited in the same manner as bonds of a justice
of the peace of this state. (920, Ord. 3767, 8-19-29).
34-121. Bond of Marshal. The marshal of s,aid
court sh:tll give bond in the sum of two thousand
dollars to such city, conditioned as now required by
law for constables, and to be approved and deposited
in the same manner as bonds of constables in this
state. (921, Ord. 3767, 8-19-29).
34-122. Tenure of Judge, Clerk and Marshal.
The terms of office of the judge, clerk and marshal
of said court shall be for two years, and they shall
hold their respective offices until their successors
are elected and duly qualified. The term of office
of the judge, clerk and marshal of such city court
elected at such election shall commence at noon on
the first Tuesday following such election. (922,
Ord. 3767, 8-19-29).
.
Ch. 35
TREES, FORESTRY.
CHAPTER 35.-TREES, FORESTRY.
(See Secs. 21-576, 21-2307-8, G. S. 1935.)
35-101. Trees; Trimming Required. That the
owners, occupants or persons in charge of real estate
in the City of Salina abutting upon any public
streets and avenues in said city be and they are
hereby required to cause all trees growing and sit-
uated in front of such real estate, but within the
boundary line of the streets or avenues and within
the curb line thereof, and all trees or branches or
limbs thereof growing or situated on any such real
estate, which overhang any such street or avenue,
to be properly trimmed in such a manner as not
to interfere with public travel upon the streets and
sidewalks in front or abutting upon any such prop-
erty, 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. (Sl, Ord. 3396, 6-
25-27) .
.
35-102. Same; Dead Trees; Limbs Removed. That
the owners, occupants or persons in charge of real
estate abutting upon any public street or avenue in
the City of Salina be and they are hereby required
to remove or cause to be removed all dead trees or
all dead limbs or branches on any trees, situated
or growing in front of such real estate but within
the boundary line of any such street or avenue and
within the curb line thereof, or any dead tree or
any dead limb or branch of any tree situated or
growing upon any such real estate, but overhanging
any such street or avenue (or sufficiently near
thereto to become dangerous to the public travel-
ing thereon or on any sidewalk thereon) 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. (S2, Ord.
3396, 6-25-27).
35-103. Same; Notice. That the street superin-
tendent be and he is hereby authorized and directed,
whenever in his opinion it becomes necessary, to
notify in writing the owner of any such real estate
to cause the trimming of any trees as required by
Section 1 of this ordinance, or to cause the removal
of any dead trees or dead limbs or branches of any
trees as required by Section 2 of this ordinance,
whenever in his opinion the same may be necessary,
or if such owner cannot be found in the City of
Salina, then to notify the occupant, agent or per-
son in charge of said property in the same manner,
and if within five days from the date of the service
.
I
of any such notice, such owner, or such occupant,
agent or person in charge of such property, shall
fail to comply with the provisions of such notice,
such person shall be deemed guilty of a violation
of this ordinance, and the street superintendent
shall cause a complaint to be filed in the police
court of said city and such owner, or occupant, or
person in charge of said property shall be prose-
cuted for the violation of the provisions of this
ordinance, but failure to serve such notice shall not
relieve any person from complying with the pro-
visions of Sections 1 and 2 of this ordinance, and
any violator thereof shall be punished as herein pro-
vided, whether such notice be served or not. (S3,
Ord. 3396, 6-25-27).
35-104. Same; Violation; Penalty. That any per-
son who shall violate any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined not less
than $5.00 nor more than $25.00 for each offense,
and for each day upon which any condition by this
ordinance prohibited is permitted to continue, after
the time fixed in any notice given by the street
superintendent, a separate offense shall be deemed
to be committed. (S4, Ord. 3396, 6-25-27).
35-105. Same; Public Nuisance; How Abated.
That in addition to the other provisions of this ordi-
nance, any tree which is not trimmed in accordance
with the provisions hereof, or any dead tree or dead
branch or limb of any tree which is not removed,
in accordance with the provisions hereof, or any
other dead tree or dead branch or limb of any tree
situated on any premises in the City of Salina, which
is or may become in danger of falling and injuring
any person or property in said city, is hereby de-
clared a public nuisance, and if any such tree be not
properly trimmed, or any such dead tree or dead
branch or limb of any tree be not removed, within
the time fixed in any notice given to the owner,
occupant, agent or person in charge of any such
premises by the street superintendent, as herein
provided or otherwise, the nuisance so existing shall
be abated as other nuisances are abated according
to law, and upon a finding by the police judge in
a proper action brought for such purpose that such
nuisance exists, such nuisance shall, if not abated
and removed by the owner, occupant, agent or per-
son in charge of such premises within the time (not
to exceed five days) to be fixed by the police judge,
be abated and removed by the street superintendent
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
357
358
TREES, FORESTRY.
Ch. 35
or avenue upon which the same exists, and certified avenues, boulevards, parks and other public grounds,
by the city clerk to the county clerk and collected and the street superintendent or park supeninten-
as other taxes are collected; Provided, however, dent, or either of them are hereby authorized and
that nothing in this ordinance shall be deemed to directed, whenever it may be necessary, to perform
impair the right of the city to trim, protect or or to cause to be performed any such work. (~5,
otherwise care for trees upon all public streets, Ord. 3396, 6-25-27).
-
.
.
.
Ch. 36
WATER WORKS.
359
CHAPTER 36.-W ATER WORKS
(See 12-814, 12-818, 13-2401, G. S. 1935)
36-101. Control. That there be and there is
hereby created in the City of Salina, Kansas, a de-
partment to be known as "The Water Works De-
partment of the City of Salina" which shall here-
after in this ordinance be referred to as the "De-
partment;" which in accordance with the provisions
of this ordinance shall have the control and man-
agement of the system of water works now owned
01' hereafter owned by the City of Salina. The
Board of Comissioners of the City of Salina shall,
through the officers and employees of said depart-
ment as hereinafter provided for, maintain, manage
and conduct said Water Works Department. (~1,
Ord. 3191, 12-14-25).
36-102. Waterworks Advisory Commission. That
there be and there is hereby created a Commission
to be known as "The Water Works Advisory Com-
mission" which shall consist of five members who
shall serve without compensation, and who shall be
appointed by the Board of Commissioners of the
City of Salina. Of the members first appointed
two shall serve for a period of one year from the
first day of January of the year of their appoint-
ment, two for two years from said date and one
for three years from said date. At the expiration
of such terms, members shall be appointed to fill
the vacancies caused by such expiration for a term
of three (3) years; and any vacancy caused by
death, resignation or otherwise than by the ex-
piration of a regular term shall be filled by ap-
pointment for the unexpired term only. Such Com-
mission shall elect a President and Secretary and
shall provide its own rules of order, and it shall
be the duty of such commission to consult with
and advise the Board of Commissioners of the City
of Salina with reference to the operation of the
Water Works System of the City of Salina, and
to make such recommendations as it may deem
necessary or proper for the conduct and operation
of such waterworks, and it shall meet with said
Board of Commissioners at least once a month for
such purpose. (~2, Ord. 3191, 12-14-25).
36-103. Officers and Employees. That there be
and there are hereby created certain offices in
said Department as follows, to-wit:
(a) Consulting Engineer. The City Engineer of
the City of Salina shall be, ex-officio, the consult-
ing engineer of the Water Works Department. The
duties of such Consulting Engineer shall be to con-
sult with and advise the Board of Commissioners
and the Superintendent of the Water Works De-
partment on all technical matters in connection with
the operation, extension and management of said
water works system and plant, and to supervise
and inspect from time to time the said water works
system and plant and make such reports and rec-
ommendations with reference to the operation, re-
pair or replacement of the same as he deems nec-
essary, and to design and supervise the installa-
tion of any new improvements or extensions in or
to said water works system and plant.
(b) Superintendent. The Superintendent of the
Water Works Department, hereinafter referred to
as the Superintendent, shaIl, under the direction
of the Board of Commissioners, have charge of said
Water Works and all property connected there-
with and shall manage and control the same. He
shall inspect all parts of said Water Works and
see that they are maintained in good condition for
use, and that all employees of the Department at-
tend to their respective duties. He shall keep in
good repair the pumps, hydrants, and other water
works property. All other officers and employees,
servants and agents of said Department when ap-
pointed by said Board other than the consulting
Engineer herein above provided for, shall be un-
der the immediate control and management of said
Superintendent. The Superintendent shall perform
all such other duties as may be prescribed by said
Board of Commissioners by ordinance or resolu-
tion.
(c) Secretary. The Secretary of the Water
Works Department, who shall also be Cashier, shall
under the direction of the Superintendent, keep a
regular set of books for Water Works accounts
showing in detail the business transactions of such
Department. He shall, under the direction of the
Superintendent, have general supervision and
charge of office employees of said Department.
At the beginning of each month it shall be the
duty of the Secretary to strike a trial balance and
make a complete report to the Board of Commis-
sioners showing the transactions of the preceding
month and the financial condition of the Water
Works Department, which report shall also include
a correct account of all collections, appropriations,
expenditures and approved claims entitled to pay-
ment.
(d) The Board of Commissioners shall appoint
such other employees as shall be necessary for
the proper operation of said Water Works.
(e) The officers and employees herein above
provided for shall be appointed by the Board of
360
WATER WORKS.
Ch. 36
~
Commissioners and shall hold office or employ-
ment until removed for cause. All such officers
and employees shall receive such compensation as
may be hereafter provided by ordinance. The
Superintendent and Secretary shall each give good
and sufficient surety company bonds to the City
each in the sum of $5,000.00 to be approved by law
for the faithful performance of their duties and
for a true and faithful accounting of all monies
that may come into their hands by reason of such
position. (S3, Ord. 3191, 12-14-25).
36-104. Finances. All revenues derived from the
sale and from the operation and management of
the 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 Works Department Fund, and all
warrants for expense of operating, improvement,
extending and maintaining said system and for in-
terest on or for repayment of principal of water-
works bonds shall be drawn on such fund. In ad-
dition to customer's accounts, etc., there shall be
kept a set of cost books and records complete
enough to show the cost of producing and distribut-
ing water and repairing and maintaining the water
works plant and equipment, and such other items
as shall be necessary for the intelligent manage-
ment of the department. Interest on and amor-
tization of outstanding indebtedness of the water
department, and a charge to covel' the deprecia-
tion of the water works plant and equipment, shall
be included in the cost of water at the tap as
shown by the cost account. Separate reserves shall
be established for interest, sinking funds, repairs
and depreciation and the propel' amounts appro-
priated monthly to such reserves. If, at any time,
the revenue of the water department are not suffi-
cient to pay all such charges, the amounts not paid
shall be appropriated from future revenues or sur-
plus of the department. The accumulations of the
depreciation reserve shall be used for l'eplacement
of worn out or obsolete plant or equipment, and
may be temporarily invested in water works ex-
tensions or improvements but all monies so in-
vested shall be returned to the depreciation re-
serve, with accrued interest, from the revenues of
the department. (S4, Ord. 3191, 12-14-25).
36-105. Revolving Fund. That there be and
there is hereby created in the Water Works De-
partment Fund in the hands of the City Treasurer
of the City of Salina, a revolving fund to be known
as the Water Department revolving fund in the
sum of Five Hundred ($500.00) Dollars which shall
be placed to the credit of the Superintendent of the
Water Works Department to be used by him as a
petty cash fund for the purpose of paying any nec-
essary incidental expenses which may become nec-
essary in the conduct of said Department, any pay-
ment from such fund to be reported by the Super-
intendent to the City Manager and approved by him
the sallle as other expenses incurred in the opera-
tion of such Department. (91, Ord. 3207, 1-18-26).
36-106. Same; Appropriation. That there be and
there is hereby appropriated out of the Water
Works Department fund the sum of Five Hundred
($500.00) Dollars for the use of the Superintendent
of the Water Department to be used by such
Superintendent in the manner provided for in Sec-
tion 1 of this ordinance and shall be accounted
for as in said Section 1 provided. (S2, Ord. 3207,
1-18-26).
36-107. Same; Fund increased. That the revolv-
ing fund known as "Water Works Department Re-
volving Fund" as created by Ordinance No. 3207
in the sum of $500.00 be and the same is hereby
increased to $3,000.00 which shall be placed to the
credit of the Superintendent of the Water Works
Department, out of which he shall pay the salaries
and expenses of said Water Works Department.
Out of such revolving fund the said Superintendent
shall pay such incidental expenses as may arise in
the conduct of said Department; provided that no
salaries, and no items of expense in excess of $50.00,
shall be paid out by him until after the vouchers
therefor shall have been submitted to and approved
by the City Manager and the Director of Finance.
For all monies paid out by said Superintendent un-
der the provisions hereof, he shall submit vouchers
to be approved by said officers; and the Board of
Commissioners of the City of Salina shall appro-
priate at their first meeting on or following the
15th day and the last day of the calendar month,
from the Water Works Department Fund, an
amount sufficient to keep said revolving fund up
to $3,000.00. (Sl, Ord. 3211, 2-1-26).
36-108. Same; Appropriation. That the sum of
$2,500.00 in addition to the $500.00 heretofore ap-
propriated be and the same is hereby appropriated
out of any funds in the hands of the City Treas-
urer to the credit of the Water Works Department
Fund the same to be credited to the Superinten-
dent of the Water Works Department for the pur-
poses mentioned in Section One of this Ordinance.
(92, Ord. 3211, 2-1-26).
.
eh. 36
WATER WORKS.
36-109. Rules. The rates, rules and regulations
herein established shall be considered a part of
the contract with every person, firm and corpora-
tion supplied with water by and through the water-
works system, either within or without the corpor-
ate limits of the City of Salina. Such person, firm
or corporation, by applying for and accepting water
shall be held and considered as consenting to be
bound thereby, and in case of violation of any rules
or regulations in force or upon failure to pay any
charges or penalties herein provided for, the water
may be cut off from the premises or place of vio-
lation and not turned on again except by order
of the Superintendent of the Water Works Depart-
ment after satisfactory assurance that there shall
be no further cause for complaint and upon pay-
ment of any such charges. (~5, Ord. 3191, 12-14-
25).
any such bills or charges due on discontinuance of
service and any such deposit not so applied shall
be payable as provided by law on demand of the
depositor after discontinuance of service. (~6, Ord.
3191, 12-14-25).
36-111. Taps. The Department shall tap all
mains or distributing pipes, inserting a corpora-
tion cock and furnishing the union for the connec-
tion to the service pipe. The charge for each tap
shall be Four ($4.00) Dollars for three-quarter (%,)
inch corporation cock and Six ($6.00) Dollars for
one (1) inch corporation cocks, to be paid to the
Water Department when the tap is ordered. (~7,
Ord. 3191, 12-14-25).
.
36-112. (Note: Service pipes: See ~5-409,
supra). (Ref.: See 13-2410, 2411, G. S. 1935).
36-113. Care of Service Lines. All consumers
36-110. Applications. Any person making proper shall keep their own fixtures, service lines, and
application and complying with the requirements curb cocks in good repair and protected from frost
herein set forth shall be supplied with water by at their own expense, and shall prevent all un-
the Department providing his property adjoins a necessary waste of water, keeping all fixtures
water main or distributing pipe. All applications closed when not in use. It is expressly stipulated
for water shall be on a form to be furnished by that no claim shall be made against the City or
the Department and shall be signed by the per- the Water Works Department because of any break
son making such application and shall state the in the service or any damage arising from the cut-
location of the premises for which water is to be ting off of water to repair mains, make connec-
furnished and all purposes for which water is re- tions, or for any other purpose, that becomes nec-
quired, and any other information required by the essary; the right is hereby reserved to cut off water
Department. Unless such application be signed by at any time when deemed necessary. Defective
the owner, or the authorized agent of the owner service lines must be promptly repaired; otherwise
of the property to be supplied, such application the water may be shut off at the main, notice
must be accompanied by a cash deposit of not less having first been given, and the cost charged
than Two ($2.00) Dollars as security for the pay- against the service. When it becomes necessary
ment of bills and services rendered of any other for repairs to be made to service lines between
charges properly assessed against said premises as the main and the curb cock, or when curb cocks
provided for herein, provided that the amount of are broken or cannot be closed, service boxes are
deposit so required shall be increased to an amount misplaced, filled with debris or require new lids, or
equal to double the estimated monthly water bills when other repairs or replacements are necessary
for such premises and any applicant shall, upon de- to the proper operation of the system or to pre-
mand of the Superintendent, increase such deposit vent waste of water, reasonable efforts shall be
when, if in the opinion of such Superintendent, such made to notify the owner or party liable for the
increase may be necessary. Whenever such appli- expense and to induce him to make the necessary
cation is made by any person other than the owner repairs or alterations; but in cases where, after
of the property or the authorized agent of such reasonable effort, it is found impossible or imprac-
owner, the applicant shall secure the written con- ticable to notify the owner or party liable, or where
sent of such owner or agent to the furnishing of the owner or party liable fails or refuses to have
water to such premises and to such applicant in the necessary repairs made within a reasonable
accordance with the rules and regulations herein length of time, or where an emergency does not
provided for. Such deposits shall be in a separate permit the necessary delay in finding the owner or
account showing the name of the depositor, the party liable, then the Water Works Department
amount thereof and the date on which any such shall make such repairs or alterations as are nec-
deposit is received. Such deposit may be applied I essary and charge the actual cost of labor and ma-
to the payment of any accrued bills or charges or terial involved, plus 25% for overhead expenses,
.
361
3&2
WATER WORKS.
Ch.36
against the property served, and the same shall be
collectible in the same manner as monthly water
bills. No service lines shall be abandoned without
first having been shut off and capped or plugged
at the corporation cock at the expense of the prop-
erty owner. (~9, Ord. 3191,12-14-25). (Ref.: See
13-2410, 2411, G. S. 1935).
36-114. Meters. All water sold by the Depart-
ment shall be measured by meter. All meters shall
be furnished by the Department and installed with-
out cost to the consumer. The meters shall be lo-
cated adjacent to the curb cock where practicable
in a meter box to be furnished by the Department
at the expense of the consumer, and otherwise at
such point as the Superintendent shall direct. The
owner shall leave a gap in the service line of proper
size to accommodate the meter and connections fur-
nished by the Water Works Department and shall
leave sufficient room about the meter for the in-
stallation of a meter box in case the meter is placed
outside the buildings. No person shall molest, in-
jure, or in any way interfere with any water meter,
meter box or covel', or anything appertaining there-
to, and no person shall deposit dirt, stone or rub-
bish of any nature in any meter box or service box.
The occupant of any building or premises where
a meter is located shall keep the meter free from
all obstructions so that it is at all times conveni-
ently accessible for reading, inspecting or repair-
ing. The Superintendent, or persons authorized by
him, may enter at any reasonable hour any prem-
ises supplied with water in order to inspect or re-
pair meters, pipes or fixtures or to investigate the
use of water. Where a meter is located in an ap-
proved meter box or housing in the parking or
sidewalk, the consumer or owner of such property
in which such meter is placed shall be responsible
for its protection and preservation and any damage
sustained by such meter shall be charged to the
consumer or owner of the property served in the
same manner as prescribed for repairs to service
lines. Whenever a meter is damaged by hot water
or steam or by improper method of thawing when
frozen, the cost of the repairs shall be chargeable
to the property in the same manner as prescribed
for repairs to services. In case any meter fails to
register for any cause, the amount charged for
water during such period shall be estimated by
the Superintendent, such estimate to be based on
the average amount registered during a like pre-
ceding period and such other information as is
available. (~10, Ord. 3191, 12-14-25). (See 13-
2410-11, G. S. 1935).
36-115. Use. Patrons shall not allow water to
be taken from the premises nor permit any con-
nection being made to his service line without first
obtaining written permission from the Superinten-
dent. Water shall be used only on the premises to
which the service is extended, and not more than
one consumer shall receive water through a single
meter except by special written permission of the
Superintendent. (~11, Ord. 3191, 12-14-25).
36-116. Rates. The following are hereby estab-
lished as the meter rates which consumers of water
shall pay for water furnished them by the Water
Works Department of the City of Salina:
Per Thousand
Gallons
$0.30
0.25
0.20
0.15
0.10
First 25,000 gal. per month
Next 35,000 gal. per month
Next 25,000 gal. per month
Next 15,000 gal. per month
All over 100,000 gal. per month
Special contracts may be entered into, when ap-
proved by the City Commissioners, with large users
of water, granting special rates where the quan-
tity of water used and the conditions of service
justify, but no such contract shall cover a period
of more than one year.
The minimum charge for regular consumers shall
be $1.00 pel' month where water is furnished
through a five eighths inch meter; provided how-
ever, that consumers shall have the option of enter-
ing into contract for water for the period of one
year in which case the minimum charge shall be
$12.00 per year payable in advance for which the
consumer shall be entitled to receive 40,000 gallons
of water during the year and all water used in
excess of that amount during such year shall be
charged at the uniform rate of thirty cents per
1,000 gallons. Where water is furnished through
a meter larger than five eighths inch the monthly
and annual minimum charges shall be as follows,
to-wit:
Minimum Gallons
Size of Monthly Minimum Allowed
Meter Charge Annual Minimum
%, inch $ 1.50 $ 18.00 60,000
1 inch 2.50 30.00 100,000
1% inch 3.50 42.00 140,000
1% inch 4.50 54.00 180,000
2 inch 6.00 72.00 240,000
3 inch 7.50 90.00 300,000
4 inch 16.00 192.00 640,000
6 inch 30.00 360.00 1,200,000
.
Ch.36
WATER WORKS.
Where consumers have large diameter fire ser- fully paid and complied with, and the Superinten-
vice lines in which no meter is placed, the charge dent of the water department shall be authorized
for the readiness to serve shall be 157< of the cor- to make all reasonable rules and regulations to se-
responding minimum set forth above. (912, Ord. cure the payment of any sums due to the water de-
3191, 12-14-25). (See 12-813, 13-2405, G. S. 1935). partment of the City of Salina as may in his judg-
ment be necessary. (91, Ord. 3737, 7-1-29).
.
36-117. Accounts. All meters shall be read as
nearly as practicable on the last day of the month
and bills shall be rendered by the first day of the
month following. All bills shall be payable on or
before the tenth day of the month in which the
bill is rendered, and if any 'person, firm or corpora-
tion shall fail to pay his water bill on or before
the tenth day of said month, a penalty of ten (10%)
per cent of the amount of the bill, in no event less
than twenty-five cents, shall be added and collected.
If any person, finll or corporation, shall fail to pay
his water bill on or before the twentieth day of
said month, service shall be discontinued and water
shall be shut off from the premises until all unpaid
water bills and penalties shall have been paid, to-
gether with an additional charge of One ($1.00)
Dollar to cover the cost of shutting off and turn-
ing on the water regardless of any change in occu-
pancy or ownership. The Superintendent shall have
authority to make corrections or refunds of over-
payments or improper water bills due to error in
the Water Works Department, but shall have no
authority to remit or diminish bills for any other
reason. (913, Ord. 3191, 12-14-25).
36-118. Payment and Collection of Charges. That
whenever any consumer of water shall move from
one location or premises to another in or adjacent
to the City of Salina, or whenever water is turned
off at any premises on account of the failure of
the consumer to pay the water charges for water
used on any such premises, or whenever any con-
sumer or applicant for water service is indebted
to the water department of the City of Salina for
any water previously furnished to him either at
the premises for which an application is made or
at any other place in the City of Salina, the
Superintendent of the Water Works Department
shall refuse to turn on or authorize the turning on
of water for any such consumer or applicant at
any place, until all previous charges due to the
water department 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 as required by ordinance, shall have
been paid, and no applicant or consumer shall be
entitled to have water turned on at any premises
until all such charges and requirements have been
.
36-119. Consumers. The consumer, as referred
to in this ordinance, shall be the party receiving
water or service for a property classified as fol-
lows: First, an apartment or a building under one
roof, occupied by one business or residence; Second,
a combination of buildings, owned by one party, in
a common enclosure, used for one residence or busi-
ness; Third, the one side of a double house having
a solid vertical partition wall; Fourth, a building
owned by one party, having a number of offices,
or sleeping or living rooms (not including apart-
ments designed for occupancy by a separate family)
using in common one hall and one or more means
of entrance. Where by special written permission
of the Superintendent more than one consumer is
permitted to obtain water through a single meter,
a minimum charge at the uniform rate of 30 cents
per thousand gallons even though the consumption
exceeds 25,000 gallons per month. (914, Ord. 3191,
12-14-25) .
36-120. Unlawful Use of Water. It shall be un-
lawful for any person to take or use water from
the waterworks of the City of Salina without notice
to the Department and without payment for the
same as provided by the rules and regulations
herein contained. No person shall turn on or shut
off the water at any valve, curb cock, corporation
cock or other places regulating the supply of water
to any premises or part of the waterworks system
except duly authorized employees of the Depart-
ment or persons authorized to do so by the Super-
intendent; provided however, that any licensed
plumber may turn on or shut off water for the
purpose of testing his work but he shall leave the
valve or curb cock in the same position in which
he found it. ({l15, Ord. 3191, 12-14-25).
36-121. Water for City Departments. All water
used by any city department for any purpose what-
soever, excepting only that used by the Fire De-
partment for extinguishing fires, shall be meas-
ured and charged for in the same manner as water
used by private consumers at a rate to be fixed
by the Board of Commissioners. Where it is im-
practicable to meter the water so used, it shall be
estimated by the Superintendent. ({l16, Ord. 3191,
12-14-25) .
363
364
WATER WORKS.
Ch. 36
36-122. Hydrant Rentals. To cover the cost of mission from the Superintendent and no such hy-
furnishing and maintaining fire hydrants, fire drant shall be or remain connected to any such
mains and water for extinguishing fires an annual water main unless the rental due thereon shall be
hydrant rental shall be paid to the Water Works paid within ten days after the same becomes due.
Department by the City of Salina in such sum as (~17, Ord. 3191, 12-14-25).
the Board of Commissioners may hereafter deter-
mine. For all fire hydrants located in water mains 36-123. Penalty. Any person, firm or corpora-
outside of the limits of the City of Salina, the tion who shall violate any of the provisions of this
person for whose benefit such fire hydrants are ordinance shall, upon conviction thereof, be fined
installed shall pay a. fire hydrant rental of $60.00 in any sum not less than $25.00 nor more than
per annum per hydrant which shall be payable $100.00 for each offense, and in case of continued
quarterly in advance. No fire hydrant shall be con-I violation each day during which such violation con-
nected to any water main outside of the city of tinues shall be and constitute a separate offense.
Salina without notice and without securing per- (~18, Ord. 3191, 12-14-25).
--
.
Ch. 37, Art. 1
ZONING.-Ordinance.
.
CHAPTER 37. ZONING
Article I.-Zoning Ordinance.-37-101 to 37-13I.
2.-Additions to "B" Residence District.--
37-201 to 37-203.
3.-Additions to "C" Commercial District.-
37-301 to 37-326.
4.-Additions to "D" Light Industrial Dis-
trict.-37-401 to 37-407.
5.-Additions to "E" Heavy Industrial Dis-
trict.-37-501.
(NOTE: The following sections in Article 1,
Chapter 37, include the original sections of the
original Zoning Ordinance No. 3188 which took ef-
fect by publication on December 1, 1925. Any sec-
tions in Article 1 relating to any amendments or
changes in said original ordinance show in paren-
thesis at the end of such section the ordinance num-
ber and effective date of such amendment or
change. Changes in or additions to any of the
"Use" zones as defined in original Ordinance No.
3188 are shown in Articles 2, 3, 4 and 5 of this
Chapter and are cross referenced at the appropriate
place in this article. All amendments to or changes
in the Zoning Ordinance as shown in this Chapter
were duly adopted by the Board of Commissioners
after the same were submitted to and recommenda-
tion thereon received from the City Planning Com-
mission, and after thirty days' notice by publica-
tion of time of hearing on such proposed change or
amendment, all as shown by the records in office
of City Clerk.)
ARTICLE I.-Zoning Ordinance.
(Published in The Salina Journal, December 1st,
1925)
ORDINANCE NO. 3188.
37-101a. Title and Preamble. An Ordinance divid-
ing the City of Salina, Kansas, into Zones or Dis-
tricts and regulating and restricting the location
of trades and industries, and the location, erection,
alteration and repair of buildings designed for spe-
cified uses; and the uses of land within each of
such Districts or Zones, and establishing regula-
tions relating thereto, prescribing a penalty for the
violation of its terms and repealing all ordinances
inconsistent with the terms.
WHEREAS, pursuant to Ordinance Number 3174
heretofore adopted by the Board of Commissioners
of the City of Salina, Kansas, the City Planning
Commission of said City did on October 26th, 1925,
submit to said Board of Commissioners a tentative
report as required by law, making the recommen-
dations of said City Planning Commission as to
the boundaries of Districts or Zones to be estab-
lished in the City of Salina in which the location
of trades and industries and the location, erection,
alteration and repair of buildings designed for spe-
cified uses, and the use of land within each such
District or Zone are to be regulated and restricted,
and
.
WHEREAS, after the submission of said tenta-
tive report said City Planning Commission did, as
required by said Ordinance No. 3174, hold public
hearings thereon at the time and place required
by said Ordinance, having previously given three
days public notice thereof by notice published in
the Salina Journal, all as shown by the final re-
port of said City Planning Commission submitted
to said Board of Commissioners on the 2nd day of
November, 1925, including the affidavit of the pub-
lisher showing publication of said notice, as at-
tached to said final report, now therefore,
Be It Ordained by the Board of Commissioners of
the City of Salina, Kansas:
37-101. Section 1. Definitions. That for the
purpose of this ordinance, certain terms and words
are hereby defined as follows:
Words used in the present tense include the fu-
ture; words in the singular number include the
plural; words in the plural include the singular
number; the word "building" includes the word
"structure"; the word "shall" is mandatory and not
directory. Any words not specifically defined here-
in shall be construed and defined in the building
code.
Accessory Building. A subordinate building or
portion of main building located in and occupying
not more than thirty (30) per cent of the rear yard
of the main building, its use being incidental to
that of the main building, and not exceeding twelve
(12) feet in height.
Alley. A public thoroughfare not over twenty
(20) feet wide.
Apartment. A household unit in a tenement or
apartment house, designed, used or suitable for oc-
cupancy for llne or more persons.
Apartment House. A building or portion thereof
designed, used or intended to be used as a resi-
dence for three (3) or more families living in a
separate apartment.
Apartment Hotel. An apartment hotel is an
apartment house in which are provided dining room,
accommodations for the joint use of the apartment
house tenants only.
Basement. A story partly under-ground, which,
if not occupied for living purposes by other than
the janitor or his family, shall not be included as
a story.
Boarding House. A boarding house is a building
or place wherein table board is provided to five
365
Ch. 37, Art. 1
ZONING,-Onlinance.
366
(5) or more individuals pursuant to previous ar-
rangement and not to anyone who may apply.
Building. A structure having a roof supported
by columns or walls for the shelter, support or
enclosure of persons, animals, or chattels; and when
separated by divided walls from the ground up,
and without openings, each portion of such build-
ing shall be deemed a separate building except as
provided in Section 15, "Area Exceptions."
Cellar: See basement.
Community Garage. A series of private garages
of capacity of not more than one automobile each,
located jointly on a common lot and having no pub-
lic shop or service in connection therewith with
total capacity for not more than five (5) automo-
biles. Community garages may exceed a five (5)
automobile capacity provided the lot whereon such
community garages are located shall contain one
thousand (1000) square feet for each automobile
stored.
Curb Level. The curb level is the level of the
established curb in front of the building measured
at the center of such front. Where no curb has
been established the city engineer shall establish
such curb level or its equivalent for the purpose of
these regulations.
Depth of Rear Yard. The mean horizontal dis-
tance between the rear line of the building and
the center line of the alley, where an alley exists,
otherwise the rear lot line.
Lut. Land occupied or to be occupied by a build-
ing and accessory buildings and including such open
spaces as are required under this ordinance, and
having its principal frontage upon a public street
or officially approved place.
(Lot Corner).
Lot Triangular. A lot fronting on two (2) or
more streets at their junction, said streets forming
with each other an angle of forty-five (45) degrees
or more, is a corner lot. When the angle formed
by the intersecting streets is less than forty-five
(45) degrees, such a lot shall be known as a tri-
angular lot. For the purpose of determining the
percentage of lot occupancy, corner and triangular
lots shall be assumed to have an area of not greater
than five thousand (5000) square feet and a front-
age not greater than one hundred (100) feet on
either of the intersecting streets.
Lot, Interior. A lot other than a corner lot or
triangular lot.
Lot, Through.
on two streets.
An interior lot having frontage
Lot Lines.
herein.
The lines bounding a lot as defined
Non-Conforming
occupied by a use
regulations of the
ated.
Use. A building or premises
that does not conform with the
use District in which it is situ-
One-Family Dwelling. A detached building hav-
ing accommodations for and occupied by one family.
Depth of Lot. The mean horizontal distance be-
tween the front and rear lot lines.
District. A section of the City of Salina
which the regulations governing the area of
use of building are the same.
Group House. A group of not more than four
(4) attached dwellings erected simultaneously and
each dwelling having accommodations for one (1)
family only.
Hotel. A hotel is a building in which lodging is
provided with or without meals, and open to tran-
sient guests in contradistinction to boarding or
lodging houses which are herein specifically de-
fined.
Lodging House. A lodging house is a building
or place providing lodging to individuals pursuant
to previous arrangement and not to anyone who
may apply.
Place. An open unoccupied space dedicated to
Purposes of access for abutting property.
for
the
Private Garages. A garage with a capacity for
not more than four (4) steam or motor-driven ve-
hicles, of which not more than one (1) may be a
commercial motor vehicle or not more than two
(2) tons capacity.
Public Garage. Any premises used for housing
or care of more than four (4) steam or motor7
driven vehicles, or where any such vehicles are
equipped for operation, repaired, or kept for re-
muneration, hire or sale; not 'including exhibition
or show rooms for model cars.
Private Stable. A stable with a capacity for not
more than four (4) horses.
Public Stable. A stable with a capacity for more
than four (4) horses.
.
Ch. 37, Art. 1
ZONIN G.-Ordinance.
Rear Yards. An open unoccupied space (exclu-
sive of accessory buildings), on the same lot with
a building, between the rear line of the building
and the rear line of lot, for the full width of the
lot.
.
Row House. A row of attached dwellings erected
simultaneously and each dwelling having accommo-
dations for one (1) family only.
Set Back. The minimum horizontal distance be-
tween the front line of the building (exclusive steps
and open porches) and the front property line.
Street. A public thoroughfare more than twenty
(20) feet wide.
Structural Alterations. Any change in the sup-
porting members of a building, such as bearing
walls or excepting such alterations as may be par-
titions, columns, beams or girders, required for the
safety of the building.
Tenement House. See Apartment House.
Terrace. A natural or artificial earthen embank-
ment between a building and its street front. The
"height of terrace" shall be the difference in eleva-
tion between the average curb level and the aver-
age elevation of the terrace at the building wall.
Two-Family Dwelling. A building used or in-
tended to be used as a dwelling by not more than
two families.
37-102. Section 2. Use Districts. That for the
purpose of regulating and restricting the location
of trades and industries and the location, erection,
alteration and repair of buildings erected or altered
for specified uses, and the uses of land within such
specified districts, the City of Salina is hereby di-
vided into "Use Districts," of which there shall be
five (5). known as
"A" Residence District.
"B" Residence District.
"C" Commercial District.
"D" Light Industrial District.
"E" Heavy Industrial District.
The City of Salina is hereby divided into five
(5) Districts as aforesaid, and the boundaries of
such districts are as set out in the five (5) suc-
ceeding Sections of this ordinance. It shall be the
duty of the City Planning Commission to cause to
be prepared and filed with this ordinance a map
showing such Use Districts as herein created, to
be designated as the "Use District Map" and to
make such changes thereon from time to time as
may be required by any amendments to this ordi-
.
nance. Except as herein provided no building shall
be erected or altered, nor shall any building or
premises be used for any purpose other than is
permitted in the Use Districts in which such build-
ing or premises is located.
37-103. Section 3. "A" Residence District Bound-
aries. "A" Residence District Boundaries shall be
all of that part of the City of Salina not included
in the "B" Residence District; "C" Commercial Dis-
trict; "D" Light Industrial District, and "E" Heavy
Industrial District, as defined in the four succeed-
ing sections hereof.
37-103a. Changes in "A" Residence District. (For
land removed from this district and added to others,
see Articles 2, 3, 4 and 5, this Chapter.)
37-104. Section 4. "B" Residence District Bound-
aries. The boundaries of "B" Residence District
shall be as follows: Commencing at the intersec-
tion of Walnut Street with the Smoky Hill River;
thence West to the alley which runs north and,
south between Third and Fourth Streets; thence
South to Mulberry Street; thence West to the alley
which runs north and south between Santa Fe and
Fifth Street; thence South along said alley to South
Street; thence West to Seventh Street; thence North
to Walnut Street; thence West to Eighth Street;
thence North to Elm Street; thence West to Ninth
Street; thence North to the intersection of said
Street with the south line of Lot 16 on Ninth Street
in Bishop's Addition; thence West along the South
line of said Lot and of Lot 57 and 58 on Tenth
Street in said Addition and Lot 10 on Eleventh
Street in Weaver's Addition to the alley which runs
North and South between Eleventh and Twelfth
Streets in said Addition; then South along said
alley to the south line of Lot 4 on Twelfth Street
in said Addition; thence west along the south line
of Lot 4 on Twelfth Street to the Southeast corner
of said Lot; thence West to the intersection of the
West line of Twelfth Street with the center line
of the alley which runs east and west along the
North line of Weaver's Addition; thence west
along said alley to College Avenue; thence south
to Park Street; thense east to Eleventh Street;
thence south to State Street; thence west to Twelfth
Street, (South of State Street); thence south to
Iron Avenue; thence west to the center line of
Twelfth Street (south of Iron Avenue) (formerly
Faulkner Avenue); thence south to Walnut Street;
thence east to the alley which runs north and south
between Eleventh and Twelfth Streets (South of
Walnut Street); thence south to South Street; thence
West to the alley which runs north and south be-
367
368
ZONING.-Ordinance.
Ch. 37, Art. 1
tween Eleventh and Twelfth Streets (South of
South Street); thence south to Morrison Avenue;
thence east to the east line of Ninth Street; thence
,south to the southwest cornel' of Lot 2 Block 6,
Beebe's Addition; thence east along the south line
of said lot to the west line of Eighth Street; thence
easterly to the northwest cornel' of Lot 2; Block 5,
Beebe's Addition; thence east along the south line
of Weil Place to the northwest cornel' of Lot 1,
Block 5, Beebe's Addition; thence south to the south
line of Lot 1, Burk's Addition; thence east along
the south line of said lot and along the south line
of Lot 5 in Block 1 of the Re-Plat of Beebe's Second
Addition to a point One Hundred Twenty Five
(125) feet east of the East line of Santa Fe A ve-
nue; thence south parallel with the east line of
Santa Fe Avenue to a point in the east line of
Prescott Street, east to the intersection of said
line with the easterly line, thence produced, of Lot
7, Plat "C"; thence north along the easterly line
of said Lot and of Lots 12, 16, and 15 of Smith
and Colvard's Addition to the Smoky Hill River;
thence down the River to the point of beginning.
Also commencing at the point of intersection of
Front Street (south of Iron Avenue) near its in-
tersection with Walnut Street with the Smoky Hill
River; thence down said River to Front Street
(North of Iron Avenue) near its intersection with
Ash Street; thence south to place of beginning.
Also commencing at the point of intersection of
Eighth Street and Decatur Street; thence north
along Eighth Street to Harsh Avenue; thence east
to Fourth Street; thence south to Pacific Avenue;
thence east to Front Street; thence south to W ood-
land Avenue; thence west to Fifth Street; thence
north to Pacific A venue; thence west to Seventh
Street; thence south to Decatur Street; thence north
to point of beginning. Also all of Block 11, River-
side Park Addition.
37-104a. Changes in "B" Residence District.
(For changes in or additions to this district, see
Articles 2, 3, 4 and 5, this Chapter.)
37-105. Section 5. "C" Commercial District
Boundaries. That the boundaries of the "C" Com-
mercial District shall be as follows: Commencing
at the intersection of Eighth and Ash Streets;
thence east to the alley which runs north and south
between Santa Fe and Fifth Streets; thence south
along said alley to South Street; thence west to
Seventh Street; thence north to Walnut Street;
thence west to Eighth Street; thence north to place
of beginning. Also commencing at the intersection
of Bishop and Ninth Streets; thence south to the
south line of Lot 16 on Ninth Street in Bishop's
Addition; thence west along the south line of said
lot and the south lines of Lots 57 and 58 on Tenth
Street in Bishop's Addition and Lot 10 on Eleventh
Street in Weaver's Addition to the alley which runs
north and south between Eleventh and Twelfth
Street, thence south to the south line of Lot 4 on
Twelfth Street in Weaver's Addition; then west
along the south line of said Lot and along the
south line of the alley which runs east and west
on the north side of Weaver's Addition to the alley
which runs north and south between Thirteenth and
Phillips Streets in Weaver's Second Addition; thence
north along said alley to Bishop Street; thence
easterly along Bishop Street to point of beginning.
Also commencing at the intersection of Decatur and
Seventh Streets; thence north to Pacific Avenue;
thence east to Fifth Street; thence south to Decatur
Street; thence west to point of beginning.
37-105a. Changes in and Additions to "C" Com-
mercial District. (For changes in and additions to
this district, see Articles 2, 3, 4 and 5, this Chapter.)
37-106. Section 6. "D" Light Industrial Dis-
trict Boundaries. That the boundaries of "D" Light
Industrial District are as follows: Commencing at
the intersection of Ohio and North Streets; thence
south to the Smoky Hill River; thence up said River
to Walnut Street; thence west to the alley which
runs north and south between Fourth and Third
Streets; thence south to Mulberry Street; thence
west to alley which runs north and south between
Santa Fe Avenue and Fifth Street; thence north
to Ash Street; thence west to Eighth Street; thence
north to Elm Street; thence west to Ninth Street;
thence north to Bishop Street; thence west to the
alley which runs north and south between Thir-
teenth Street and Phillips Street; thence south to
the alley which runs east and west along the north
line of Weaver's Addition; thence west to College
Avenue; thence south to Park Street; thence west
to Dry Creek; thence northwesterly down Dry Creek
to the right-of-way of the Union Pacific Railroad;
thence northeasterly along said right"of-way to
Chicago Avenue, in Chicago Addition; thence north
to Dry Creek; thence northerly along said Creek
to North Street; thence east to the west line of
North Park Addition; thence north to Lincoln
Street; thence east to Ninth Street; thence north
to Decatur Street; thence east to Fifth Street;
thence south to Lincoln Street (formerly Pacific
Street); thence east to Fourth Street; thence south
to Pine Street; thence east to the intersection of
said street with the southerly line of the right-of-
.
.
.
Ch. 37, Art. 1
ZONING.-Ol'dinance.
+
way of the Missouri Pacific Railroad at a point
near the east side of Front Street; thence easterly
along the southerly line of said right-of-way to the
intersection of said line with the center line of
North Street; thence east to point of beginning.
Also commencing at the intersection of Fifth Street
and Woodland Avenue; thence e,ast to Front Street;
thence south to Forest A venue; thence west to Fifth
Street; thence north to point of beginning.
37-106a. Changes in "D" Light Industrial Dis-
trict. (For changes in and additions to this Dis-
trict, see Articles 2, 3, 4 and 5, this Chapter.)
37-107. Section 7. "E" Heavy Industrial Dis-
trict Boundaries. The boundaries of the "E" Heavy
Industrial District are as follows: Commencing at
the intersection of Fifth Street and Forest Avenue;
thence east to Front Street; thence south to the
south line of the right-of-way of the Union Pacific
Railroad; thence easterly along said line to Ohio
Avenue; thence south to the north line of the right-
of-way of the Missouri Pacific Railroad; thence
westerly along said line to the intersection of said
line with the center line of North Street; thence
south to the southerly line of the right-of-way of
said railroad; thence westerly to the intersection
of said line with the south line of Pine Street at
a point near the east line of Front Street; thence
west to Fourth Street; thence north to Lincoln
Avenue (formerly Pacific Street); thence west to
Fifth Street; thence north to point of beginning.
Also commencing at the intersection of Chicago
Avenue in Chicago Addition, with Dry Creek;
thence south to the right-of-way of the Union Paci-
fic Railroad; thence westerly along said line to Dry
Creek; then down Dry Creek to point of beginning.
37-107a. Additions to "E" Heavy Industrial Dis-
trict. (For additions to this district, see Article 5,
this Chapter.)
37-108. Section 8. "A" Residence District Uses.
That in the "A" Residence District as defined by
Section Two hereof, no building or premises shall
be used, and no building shall be hereafter erected
or altered, unless otherwise provided in this ordi-
nance, except for one or more of the following
uses:
1.
2.
3.
4.
5.
6.
7.
One Family Dwellings.
Two Family Dwellings.
Churches and Temples.
Libraries.
Farming and Truck Gardening.
Schools and Colleges.
Accessory buildings incidental to
the above
uses and located on the same lot (not involving the
conduct of a retail business) including one (1) pri-
vate garage, private stable or community garage
when located not less than fifty (50) feet from
the front lot line or in a fireproof compartment
as a part of the main building, and including also
home occupations engaged in by the occupants of
a dwelling not involving the conduct of a retail
business on the premises, and including the office
of a physician, surgeon, dentist, musician or artist
when situated in the same dwelling used by such
physician, surgeon, dentist, musician or artist as his
or her private dwelling.
37-109. Section 9. "B" Residence District Uses.
That in the "B" Residence District, as defined in
the terms of Section Two of this ordinance, no
building or premises shall be used and no building
shall be hereafter erected or altered unless other-
wise provided in this ordinance, except for one or
more of the following uses:
1. Any use permitted in the "A" Residence
District.
2. Apartment Houses.
3. Group Houses.
4. Row Houses.
5. Hotels.
6. Private Clubs and Fraternity Houses.
7. Boarding and Lodging Houses.
8. Boathouses.
9. Hospitals.
10. Nurseries and Greenhouses.
11. Institutions of a philanthropic or eleemosy-
nary nature.
12. Accessory buildings incidental to the above
uses and located on the same lot, not involving the
conduct of a retail business.
37-110. Advertising Signs in "A" and "B" Resi-
dence Districts. That no advertising sign, billboard,
or any name plate, exceeding one square foot in
area, except signs not exceeding 8 square feet in
area which appertain to the lease, hire or sale of
a building or premises upon which such sign is
situated; and except signs now in use upon business
or commercial buildings in the "A" or "B" Resi-
dence Districts which were in existence at the time
of the adoption of Ordinance No. 3188, shall be per-
mitted in any part of the "A" or "B" Residence
Districts as defined in said Ordinance No. 3188, or
in s,aid ordinance as now or hereafter amended and
any person who shall erect or maintain or permit
the erection or maintenance of any such sign, bill-
board or any name plate, contrary to the provisions
of this ordinance shall be deemed guilty of a mis-
369
370'
ZONIN G.-Ordinance.
Ch. 37, Art. 1
demeanor, shall be subject to the same penalty as
provided in Section 27 (See 37-127) of said Ordi-
nance No. 3188. (~4, Ord. 3576, 7-21-28).
37-110. Section 10. "c" Commercial District
Uses. That in the "c" Commercial District, as de-
fined by Section Two of this ordinance, all build-
ings and premises except as otherwise provided in
the ordinance, may be used for any use permitted
in the "B" Residence District or for any other use
except the following:
1. Bakery (employing more than five (5) per-
sons) .
2. Blacksmith or horseshoeing shop.
3. Bottling works.
4. Building material storage yards.
5. Carting, express, hauling or storage yard.
6. Contractor's plant or storage yard (except
during construction of any building within three
hundred (30'0') feet.
7. Coal, coke or wood yard.
8. Cooperage yards.
9. Dyeing and cleaning works (employing more
than five (5) persons).
10'. Ice Plant or storage houses of more than five
(5) tons capacity.
11. Laundry (employing more than five (5) per-
sons) .
12. Livery stable.
13. Lumber yard.
14. Machine shop (employing more than five (5)
persons) .
15. Milk distributing stations.
16. Stone yard or monumental works.
17. Storage warehouses.
18. Storage, wholesale, or petroleum or products
thereof.
19. Storage or curing of leather raw hides or
skins.
20'. All uses excluded from the "D" Light In-
dustrial District.
21. Any kind of manufacture or treatment other
than the manufacture or treatment of products
clearly incidental to the conduct of a retail busi-
ness conducted on the premises.
22. A public garage may be established or erected
in a commercial district if, when the permit is is-
sued, there are on file with the Building Inspector,
the written consents of the owners of seventy five
per cent (75%) of all the property within a radius
of two hundred (20'0') feet of the proposed estab-
lishment, PROVIDED that this provision shall not
apply to an automobile show or sales room for model
cars wherein less than one-half the floor space is
used for the repair or storage of automobiles which
is incidental to the sales department, PROVIDED,
further, that no public garage shall have an en-
trance for motor vehicles within two hundred (20'0')
feet of an entrance or exit of a public or private
school, playground, public library, church, hospital,
children's or old people's home.
37-110a. Monument Business in Part of "c" Com-
mercial District; Restrictions. That Ordinance No.
3188 of the City of Salina, be amended by per-
mitting the erection on Lot 3 and 4, Block 4, in
Evergreen Park Addition to the City of Salina now
located in the "C" Commercial District of an office
building and studio or work room for the purpose
of conducting a monument business therein and on
said lots including the business of coloring, carv-
ing and selling monuments under such conditions
and regulations as the Board of Commissioners of
said city may hereafter prescribe and provided that
before any building for such purpose is erected,
reconstructed or used on such lots, the plans there-
for including the set-back and landscaping shall be
submitted to and approved by the Board of Com-
missioners of said city and that all improvements
and construction used on such lots for such pur-
pose shall be in accordance with the plans so ap-
proved. (~1, Ord. 4641, 5-23-36).
37-111. Section 11. "D" Light Industrial Dis-
trict Uses. That in the "D" Light Industrial Dis-
tricts as defined and fixed by the terms of Section
Two hereof, all buildings and premises except as
otherwise provided in this ordinance may be used
for any use permitted in the "e" Commercial Dis-
trict or for any other use except the following:
1. Abbatoirs.
2. Acetylene gas manufacture.
3. Acid Manufacture.
4. Ammonia, bleaching powder or chlorine man-
ufacture.
5. Arsenal.
6. Asphalt manufacture, refining or paving mix-
ture plants.
7. Blast furnaces.
8. Boiler works.
9. Brick, tile or terra cotta manufacture.
10'. Candle manufacture.
11. Celluloid manufacture.
12. Coke ovens.
13. Crematory.
14. Creosote treatment or manufacture.
15. Disinfectants manufacture.
16. Distillation of bones, coal or wood.
17. Dyestuff manufacture.
.
.
.
Ch. 37, Art. 1
ZONING.-Ordinance.
18. Exterminator and insect poison manufacture.
19. Emery cloth and sand paper manufacture.
20. Fat rendering.
21. Fertilizer manufacture.
22. Fish smoking and curing.
23. Forge plant.
24. Gas (Illuminating or heating) manufacture.
25. Glue, size or gelatine manufacture.
26. Gunpowder manufacture or storage.
27. Fireworks or explosive manufacture or stor-
age.
28. Incineration or reduction of garbage, dead
animals, offal or refuse.
29. Iron, steel, brass or copper mills.
30. Lamp black manufacture.
31. Mills, alfalfa.
32. Oil cloth or linoleum manufacture.
33. Preparation or treatment of oiled, rubber,
or leather goods in their raw state.
34. Ore reduction.
35. Paint, oil, shellac, turpentine or varnish
manufacture.
36. Paper and pulp manufacture.
37. Petroleum refining.
38. Plating works.
39. Potash works.
40. Printing ink manufacture.
41. Pyrolin manufacture.
42. Round house.
43. Rock crusher.
44. Rubber or gutta percha manufacture or
treatment.
45. Salt works.
46. Sauerkraut manufacture.
47. Sausage manufacture.
48. Shoe blacking manufacture.
49. Smelters.
50. Soap manufacture.
51. Soda and compound manufacture.
52. Stockyards.
53. Stone mill or quarry.
54. Storage or baling of scrap paper, iron, bottle,
rags or junk.
55. Stove polish manufacture.
56. Sulphuric, nitric or hydrochloric acid manu-
facture.
57. Tallow, grease or lard manufacture or re-
fining.
58. Tanning of leather, rawhides or skins.
59. Tar distillation, manufacture or paving mix-
ture plants.
60. T'ar roofing or water proofing manufacture.
61. Tobacco (chewing) manufacture or treat-
ment.
62. Vinegar manufacture.
63. Wool pulling or scouring.
64. Yeast plant.
65. And in general those uses which have been
declared a nuisance in any court of record, or which
may be noxious or offensive by reason of the emis-
sion of odor, dust, smoke, gas or noise; Provided,
however nothing herein shall be construed to pro-
hibit the erection or maintenance of an industrial
use permitted by this section which shall have not
more than twenty-five (25) per cent of the floor
area devoted to a prohibited use which is clearly
and customarily incidental to the primary use.
37-112. Section 12. "E" Heavy Industrial Dis-
trict Uses. That in the "E" Heavy Industrial Dis-
trict, as defined and fixed by the terms of Section
Two hereof, buildings and premises may be used
for any purpose whatsoever, provided the provisions
of the present or hereafter adopted ordinance of
the City of Salina, regulating the location or main-
tenance of nuisances, are complied with.
37-113. Section 13. Existing Use; Alteration;
Restoration. That this ordinance shall not apply to
existing structures nor to the existing use of any
building, but shall apply to any alteration of a
building to provide for its use for a purpose, or
in any manner different from the use to which it
was put before alteration, provided that this ordi-
nance shall not be construed to prevent, the restor-
ation of a building damaged not more than fifty
(50) per cent of its assessed valuation by fire, ex-
plosion, act of God, or the public enemy, or pre-
vent the continuance of the use of such building,
or part thereof, as such use existed at the time of
such damage; nor shall the same be construed to
prevent a change of such existing use under higher
, classification as herein provided. And no building
which has been damaged as above provided to the
extent of more than fifty (50) per cent of its as-
sessed valuation shall be re-built or repaired ex-
cept in conformity with the regulations contained
in this ordinance. When the boundary line of any
I use district divides a lot in single ownership at
the time of the adoption of this ordinance, nothing
herein shall be construed to prevent the extension
of the use existing on either portion of such parcel
of ground for a distance of not greater than twenty-
five (25) feet. The Board of City Commissioners
may authorize in a residence district, for a period
of not more than two (2) years from the date of
such permit, a temporary building for commerce
371
372
ZO NIN G .-Ord il1al1ce.
eh. 37, Art. 1
or industry incidental to the residential develop-
ment, PROVIDED" however, that such permit shall
not be renewed. A structure or premises may be
erected or used in any location by a public service
corporation or for public utility purposes which the
Board of City Commissioners deems reasonably
necessary for the public convenience and welfare.
The Board of City Commissioners may grant a
permit for the enlargement of existing building or
buildings, or erection on the same lot or plot of
ground of additional buildings for a trade, business
or industry located in a district restricted against
its use, where such enlargement or expansion of
such trade, business or industry will not be detri-
mental to or tend to alter the character of the
neighborhood.
37-114. Section 14. Area Districts. That in or-
der to regulate and determine the area' of yards
and other open spaces surrounding buildings which
may hereafter be erected or altered, the City of
Salina is hereby divided into districts of which there
shall be four (4) known as:
"A" Area District.
"B" Area District.
"C" Area District.
"D" Area District.
The City of Salina is hereby divided into four (4)
districts as aforesaid and the boundaries of such
districts are as set forth in the four (4) succeed-
ing paragraphs of this ordinance. It shall be the
duty of the City Planning Commission to cause to
be prepared and filed with this ordinance a map
showing such Area Districts as herein created and
to make such changes thereon from time to time
as may be required by amendments to this ordi-
nance, the same to be designated as the "Area Dis-
trict Map." No new building shall be erected, nor
shall an existing building be altered, enlarged or
rebuilt, nor shall any open spaces surrounding any
building be encroached upon or reduced in any man-
ner, except in conformity with the regulations here-
by established for the district in which such build-
ing is located.
32-115. Section 15. "A" Area District Bound-
aries. "A" Area District shall comprise all of that
portion of the City of Salina, Kansas, not included
in the B, C, and D Area Districts hereinafter pro-
vided for.
37-116. Section 16. "B" Area District Bound-
aries. The boundaries of "B" Area District are as
follows: All that portion of the City of Salina
lying north of the following line; commencing at
the intersection of Woodland Avenue and Front
Street; thence west to Fifth Street; thence north
to Pacific A venue; thence west to Seventh Street;
thence south to Decatur Street; thence north to
Ninth Street; thence south to Lincoln Avenue; then
west to the west line of North Park Addition being
the westerly limits of the City of Salina. Also
commencing at the intersection of Park Street and
Dry Creek; thence westerly up Dry Creek to State
Street; thence west to the northwest corner of
Leavenworth Addition; thence south to the south-
west corner of Leavenworth Addition; thence east
to the right-of-way of the Missouri Pacific Rail-
road; thence north along said line to its intersec-
tion with the alley which runs east and west be-
tween Park Street and Ash Street; thence east
along said alley to College A venue; thence north
to Park Street; thence east to Eleventh Street;
thence north to State Street; thence west to Twelfth
Street (south of State Street); thence south to Iron
Avenue; thence west to Twelfth Street (formerly
Faulkner Street); thence south to Walnut Street;
thence east to the alley which runs north and south
between Eleventh and Twelfth Streets (South of
Walnut Street); thence south to South Street;
thence west to the alley which runs north and south
between Eleventh and Twelfth Streets (south of
South Street); thence south to Morrison Avenue;
thence east to east line of Ninth Street; thence
south to southwest corner of Lot 2, Block 6, Beebe's
Addition; thence east to the west line of Eighth
Street; thence easterly to the northwest corner of
Lot 2, Block 5, Beebe's Addition; thence east along
south line of Weil Place to northwest corner of
Lot 1, Block 5, Beebe's Addition; thence south to
South line of Lot 1, Berk',s Addition; thence east
along the south line of said lot and along the south
line of Lot 5, Block 1, Replat of Beebe's Second
Addition, to a point one hundred twenty five (125)
feet east of the east line of Santa Fe Avenue;
thence south to the north line of Prescott Avenue;
thence east to the southeast corner of Lot 7, Plat
"C"; thence north along the southerly lines of said
Lot and of Lots 12, 16 and 15 of Smith and Col-
vard's Addition to the Smoky Hill River; thence
down said River to Walnut Street; thence west to
Fourth Street; thence south to Mulberry Street;
thence west to Fifth Street; thence south to South
Street; thence west to Seventh Street; thence north
to Walnut Street; thence west to Eighth Street;
thence north to Elm Street; thence west to Ninth
Street; thence north to the southeast corner of Lot
15 on Ninth Street in Bishop's Addition; thence
west along the south line of said lot and of Lots
""
.
.
.
Ch. 37, Art. 1
ZONIN G .-OrJinance.
373
57 and 58 on Tenth Street in said addition and
Lot 10 on Eleventh Street in Weaver's Addition
to the alley which runs north and south between
Eleventh and Twelfth Streets; thence south to the
southeast corner of Lot 4 on Twelfth Street in
Weaver's Addition; thence west along the south line
of said lot and along the south line of the alley
which runs east and west along the North side of
Weaver's Addition to College Avenue; thence south
to Park Street; thence west to the point of begin-
ning. Also all that territory west of Front Street
between Walnut and Ash Streets; and east of the
Smoky Hill River between such points.
37-117. Section 17. "C" and "D" Area District
Boundaries. The boundaries of "C" Area District
and "D" Area District shall, until this ordinance
shall be further amended, be identical and such
Area District shall comprise all of the land now
within the three Use Districts herein designated as
"C" Commercial District, and "D" Light Industrial
District and "E" Heavy Industrial District.
37-117a. Additions to "e" Area District. (For
additions to this district see 37-202 and 37-313).
37-118. Section 18. "A" Area District. In the
"A" Area District, the minimum dimensions of
yards and the minimum lot area per family shall
be as follows:
Rear Yard: There shall be a rear yard having
a depth of not less than twenty (20) feet.
Side Yard: There shall be a side yard on each
side of the lot of not less than six (6) feet in width,
PROVIDED, however, that on a lot of record at
the time of the adoption of this ordinance, having
a width of less than forty (40) feet and help under
a distinct ownership from adjacent lots, the width
of each side yard shall not be less than three (3)
feet.
Setback: Where eighty (80) per cent of all the
buildings fronting on one side of a street between
two intersecting streets have observed a minimum
setback line from the street line, no building here-
after erected or altered shall project beyond the
setback line so established, PROVIDED, however,
no building shall be required to set back a distance
greater than forty (40) feet from the street line
in complying with this regulation, and PROVIDED,
further that this regulation shall not be interpreted
as to reduce the buildable width of a corner lot
facing an intersecting street of record at the time
of the adoption of this ordinance, to less than thirty
(30) feet. Where there are no buildings on one
side of a street between two intersecting streets,
there shall be a minimum setback of at least twenty
(20) feet.
Lot Area per Family. In the "A" Area District
no dwelling shall be hereafter erected or altered to
accommodate or make provision for more than one
family on each three thousand five hundred (3,500)
square feet of lot area, PROVIDED, however, this
regulation shall not prohibit the erection of a build-
ing oJ:! a lot of record at the time of the adoption
of this ordinance, held under a distinct ownership
from adjacent lots.
37-119. Section 19. "B" Area District. In the
"B" Area District, the minimum dimensions of
yards and the minimum lot area per family shall
be as follows:
Rear Yard: There shall be a real' yard having
a depth of not less than twenty (20) feet.
Side Yard: There shall be a side yard on each
side of the lot of not less than five (5) feet.
Setback: Where eighty (80) per cent of all the
buildings fronting on one side of a street between
two intersecting streets have observed a minimum
setback line from the street line, no building here-
after erected or altered shall project beyond the
setback line so established, PROVIDED, however,
no building shall be required to set back a distance
greater than forty (40) feet from the street line
in complying with this regulation, and PROVIDED,
further, that this regulation shall not be interpreted
as to reduce the buildable width of a corner lot
facing an intersecting street, of record at the time
of the adoption of this ordinance, to less than thirty
(30) feet.
Lot Area per Family: Every building hereafter
erected or altered shall provide a lot area of not
less than one thousand one hundred and sixty (1160)
square feet per family.
37-119a. Special Setback in Part of "B" Resi-
dence District. That in that part of the "B" Resi-
dence District which is located within the block
bounded by Santa Fe Avenue, Fifth Street, South
Street and Prescott Avenue, a setback line of thirty
(30) feet from the property line on Santa Fe Ave-
nue and twenty (20) feet from the property line
on Fifth Street be and the same is hereby estab-
lished. (S2, Ord. 4247, 4-9-33).
37-119h. Apartment Lot Area in "B" Residence
District. That in apartment buildings erected in the
"B" Residence District a lot area per family be and
the same is hereby fixed at 1000 sq. ft. per family
for each floor of any such building, and that in
374
ZONIN G.-Ordinance.
Ch. 37, Art. 1
apartment buildings of the Court type the rear yard
area requirements provided for in Ordinance No.
3188 shall not apply. (S3, Ord. 4247, 4-9-33).
37-120. Section 20. "C" Area District. In the
"C" Area District the minimum lot area per family
in buildings used for dwelling purposes shall be as
follows:
Rear Yard: There shall be a rear yard of not
less than ten (10) feet on corner lots and not les:;
than fifteen (15) feet on interior lots.
Side Yard: Buildings used for residential pur-
poses shall have a side yard on each side of the
lot of not less than five (5) feet. In commercial
or industrial district, a side yard, if provided, shall
be not less than five (5) feet.
Setback: In a residential use district where eighty
(80) per cent of all the buildings fronting on one
side of the street between two intersecting streets
have observed a minimum setback line from the
street line, no building hereafter erected or altered
shall project beyond the setback line so established,
PROVIDED, however, no building shall be required
to set back a distance greater than forty (40) feet
from the street line in complying with this regula-
tion, and PROVIDED, further, that this regulation
shall not be interpreted as to reduce the buildable
width of a corner lot facing an intersecting street,
of record at the time of the adoption of this ordi-
nance, to less than thirty (30) feet. Where there
are no buildings on one side of a street between
two intersecting streets there shall be a minimum
setback of at least twenty (20) feet.
Lot Area per Family: In the "C" Area District
every building hereafter erected or altered shall
provide a lot area of not less than five hundred and
eighty (580) square feet per family.
37-121. Section 21. "D" Area District. In the
"D" Area District buildings may occupy the entire
area of lots when used entirely for commercial or
industrial purposes. All buildings or parts of build-
ings used for residential purposes shall comply with
the area regulations of the "C" Area District.
37 -122. Section 22. Area District Exceptions.
That the foregoing requirements in the area dis-
tricts shall be subject to the following exceptions
and regulations:
First: For the purpose of the area regulations,
a semi-detached dwelling, group house, or row
house in the "B" Residence District may be con-
sidered as one building and occupying one lot.
Second: For purposes of the area regulations
a commercial building in the "A" and "B" Area
District, the Board of Commissioners may waive
the requirements for side yards and rear yards,
but if a side yard is provided it shall have a mini-
mum width as required, PROVIDED, however, that
where one hundred (100) per cent of the front feet
in any block is zoned, (Commercial "C" Use), the
setback requirements may be waived by the Board
of City Commissioners for commercial buildings.
Third: In computing the depth of a rear yard
or the width of a side yard for any building where
such yard opens into an alley or street, one-half
(%) of such alley or street may be assumed to be
a portion of the yard.
Fourth: Every part of a required yard shall be
open from its lowest point to the sky unobstructed,
except for the ordinary projection of sky-line above
the bottom of such yard, and except for the pro-
jection of sills, bolt courses, cornices and ornamen-
tal features.
Fifth: Open or lattice enclosed fire escapes, fire-
proof outside stairways and balconies opening into
fire towers, projecting into a yard not more than
five (5) feet, and the ordinary projections of chim-
neys and flues, may be permitted by the Building
Inspector where same are so placed as not to ob-
struct the light and ventilation.
37-123. Section 23. Certificate of Occupancy and
Compliance. The existing character of the use and
occupancy of premises shall not be changed nor
shall any building, the use of which is proposed to
be altered or changed be hereafter erected or al-
tered, until a certificate shall have been issued by
the Building Inspector, stating that the proposed
use of such building or premises complies with all
of the building and health ordinances of the City
of Salina and with the provisions of this ordinance.
Certificates of occupancy and compliance shall be
applied for co-incident with the application for a
building permit and shall be issued within ten (10)
days after the erection or alteration of such build-
ings shall have been completed, in conformity with
the provisions and of these regulations. A record
of all certificates shall be kept on file in the office
of the Building Inspector and copies shall be fur-
nished, on request, to any person having a pro-
prietary or tenancy interest in the building affected.
No fee shall be charged for an original certificate
applied for co-incident with the application for a
building permit; for all other certificates or for
copies of any original certificates there shall be a
charge of one (1) dollar for each copy thereof. No
.
.
.
Ch. 37, Art. 1
ZONIN G.-Ordinance.
375
permit for excavation for or the erection of any' building destroyed by fire or other calamity, or for
building shall be issued before the application has any reason whatsoever reconstructed or re-erected,
been made for a certificate of occupancy and com- shall conform to the area and use restrictions for
pliance. No building or premises may be occupied the district in which such building is located, as
until such certificate shall have been issued. shown on the maps accompanying and made a part
of this ordinance, or those maps duly amended,
37-124. Section 24. Plats. All applications for wherever in this ordinance any street, avenue, alley,
building permits shall be accompanied by a plat in river, creek, or railroad right-of-way is referred
duplicate drawn to scale, showing the actual di- to as a boundary of any district, the center line
mensions of the lot to be built upon, the size of the thereof is meant unless otherwise described, ex-
building to be erected, and such other information cept where either side line thereof is necessary
as may be necessary to provide for the enforcement to make propel' connection with any point or line
of these regulations. A careful record of such ap- referred to in the description of such boundary,
plications and plats shall be kept in the office of in which case line necessary for a complete de-
the Building Inspector. At the time application is scription is deemed to be referred to; and where
made for the buildIng permit, the lot corners of any boundary is completed by the use of lot or
the lot to be built upon must be established on the block lines, the description thereof shall be deemed
ground to the satisfaction of the Building Inspector. to include any extension of any such line, across
No yard or other open space provided about any any street, alley, right-of-way, river or creek, or
building for the purpose of complying with the pro- part thereof, as may be necessary to make a com-
visions of these regulations shall again be used as plete and unbroken boundary.
a yard or other open spaces for another building.
37-125. Section 25. Interpretation and Purposes.
In the interpreting and applying the provisions of
this ordinance, they shall be held to be the mini-
mum requirements for the promotion of the public
safety, health, convenience, comfort, prosperity,
general welfare, and the preservation of personal
and property rights. It is not intended by this ordi-
nance to interfere with or abrogate or annul any
ordinance, rules, regulations, or permits previously
adopted or issued, and not in conflict with any of
the provisions of this ordinance or which shall be
adopted or issued, pursuant to law relating to the
use of buildings or premises, nor is it intended by
this ordinance to interfere with or abrogate or an-
nul any easements, covenants, or other agreements
between parties, provided, however, that where this
ordinance imposes a greater restriction upon the
use of buildings or premises or requires larger open
spaces than one imposed or required by such ordi-
nance, rules, regulations or permits, or by ease-
ments, covenants, or agreements, the provisions of
this ordinance shall control. The area and use of
all buildings now under construction and which
were actually under construction in pursuance to a
lawful building permit, prior to the date of the
first reading of this ordinance, or under a build-
ing permit is'sued by the Building Inspector pre-
vious to the date of adoption of this ordinance, shall
be unaffected by the provisions of this ordinance,
provided however, (one) that any building may be
altered to the extent of not more than fifty per
cent of its structural value and (two) that any such
37-126. Section 26. Additions to City Limits.
Whenever any territory is added to the city limits
of the City of Salina, such added territory shall
be deemed to be within the district which it ad-
joined prior to such inclusion, unless it adjoins two
or more of such districts, in which case the City
Planning Commission shall make their recommenda-
tion to the governing body of the City as to the
district or districts to which it is to be attached,
and the governing body in any ordinance provid-
ing for its addition to the City shall designate the
districts in which it is to be included.
37-127. Section 27. Violation; Penalty. Any
person, firm or corporation who shall violate,
neglect or refuse to comply with or who shall main-
tain, use or construct any building or premises in
violation of any of the provisions of this ordinance
shall, upon due conviction, be fined in any sum
not exceeding Five Hundred ($500) Dollars for each
offense and each day that a violation is permitted,
caused or continued to exist shall constitute a sep-
arate offense, and in addition to the above penalty
such actions at law or suits in equity may be main-
tained by the City of Salina or any interested per-
sons, as may be authorized by law.
37-128. Section 28. Validity. Should any sec-
tions, clause, or provisions of this ordinance be de-
clared by any court of competent jurisdiction to
be invalid, the same shall not affect the validity
of the ordinance as a whole or any part thereof,
other than the part so declared to be invalid.
376
ZONING.-Ordinance.
Ch. 37, Art. 1
37-129. Section 29. Changes and Amendments.
The Board of Commissioners may, from time to
time, amend, supplement, or change the boundaries
or regulations contained, prescribed, and set forth
in this ordinance; provided such proposed change
first be submitted to the City Planning Commis-
sion for its recommendation and report, and PRO-
VIDED further, that not less than thirty (30') days
notice of such proposed change shall first be pub-
lished in the official paper of the City of Salina,
and a hearing be granted to any person interested,
at a time or place specified in said notice. If, how-
ever, a protest against such amendment, supple-
ment, or change be presented, duly signed and
acknowledged by the owners of twenty (20) per
cent or more of any frontage proposed to be al-
tered, or by the owners of twenty (20) per cent
of the frontage immediately in the rear thereof,
or by the owners of twenty (20') per cent of the
I
frontage directly opposite a frontage proposed to
be altered, such amendment shall not be passed ex-
cept by at least four-fifths (4-5ths) of the Board
of Commissioners.
37-130. Section 30. Conflicting Provisions Re-
pealed. All ordinances or parts of ordinances in
conflict with any of the provisions of this ordinance
are hereby repealed.
37-131. Section 31. When Effective. This ordi-
nance shall be effective from and after its passage
and due publication once in the official City paper,
according to law.
Introduced for first reading, November 2nd, 1925.
Passed and approved, November 23rd, 1925.
(SEAL)
Attest:
J. S. Hargett,
Mayor.
Chas. E. Banker,
City Clerk.
.
Ch. 37, Art. 2
ZONING.-Addition to "B" Residence.
377
ARTICLE 2.-Additions to "B"
Residence District. I regulations for said Area District as provided in
Section 20 (37-120) of said Ordinance No. 3188.
(S3, Ord. 3242, 5-22-26).
37-203. That the following described land now
situated in "A" Residence District as defined in
Section 3 of Ordinance No. 3188 be and the same
is hereby included in, made a part hereof, and
included in "B" Residence District as defined in
Section 4 (37-104) of said Ordinance No. 3188 and
that the same may be used for the purposes desig-
37-202. That said territory to-wit: Lots 9, 10 nated in Section 9 (37-109) of said Ordinance No.
and 11,Block I, in Fruitland Addition be and the 3188, to-wit: Lots 28 and 30 in Block 6 in River-
same is hereby added to the "C" Area District as side Park Addition; Lots 1, 2, 3, and 4 on University
defined in Section 18 (37-118) of said Ordinance I Place, and Lot 2 on Walnut Street in University
No. 3188 and that the same shall be subject to the Addition. (S3, Ord. 3576, 7-21-28).
37-201. That the following described territory in
the City of Salina, to-wit: Lots 9, 10, and 11,
Block 1 in Fruitland Addition, be and the same are
hereby added to the "B" Residence District as de-
fined in Section 4 (37-104) of said ordinance No.
3188 and that the same may be used for the pur-
pOSe designated in Section 9 (37-109) of said ordi-
nance. (li2, Ord. 3242, 5-22-26).
.
.
378
ZONING.-Additions to "C" Commercial.
Ch. 37, Art. 3
-~.,...,~. .' n. ". ~
','t"""':"j~!'~
ARTICLE 3.-Additions to "C" Commercial
District.
37-301. That the following described territory in
the City of Salina, Kansas, to-wit: Lots 31 to 42
inclusive, and Lots 43, 45, 47, 49, 51, 53, 55, 57 and
59 on Santa Fe A venue in the grounds of the Kan-
sas Wesleyan University, an addition in said city,
be added to and made a part of the "C" Commercial
District as defined in Section 5 (37-105) of Ordi-
nance No. 3188 of said city and that the same may
be used for the purposes designated in Section 10
(37-110) of said ordinance. (Sl, Ord. 3223, 2-23-26).
37-302. That the following described territory in
the City of Salina, Kansas, to-wit: Lots 110, 111,
112 and 113 on Iron Avenue, according to the plat
of the original town of Salina; the south 50 feet
of Lot 5, Block 12, South Park Addition; Lots 1, 2,
and 3, Block 5, Southern Heights Addition; Lots
99, 101, 103, 105, 107, 109, 111, and 113 on Fourth
Street, and Lots 94, 96, 98, 100, 102, 104, 106, 108,
110, 112, 114, 116, 118, 120, on Third Street, accord-
ing to the plat of the original town of Salina; Lots
2 and 4 in Block 2 and Lots 1 and 3 in Block 3
Episcopal Military Institute Addition, be and each
of said tracts and parcels of land are hereby added
to and made a part of the "C" Commercial District
as defined in Section 5 of Ordinance No. 3188 and
that such lands may be used for the purpose desig-
nated in Section 10 of said ordinance. (Sl, Ord.
3242, 5-22-26).
37-303. That the following described land in the
City of Salina, now situated within the "B" Resi-
dence District as defined by Section 4 of Ordinance
No. 3188, and said Ordinance as amended, shall be
and the same is hereby included, added to and made
a part of the "C" Commercial District as defined
in Section 5 of said Ordinance No. 3188, and that
such territory may be used for the purposes desig-
nated in Section 10 of said Ordinance No. 3188,
to-witt: All of Blocks 2 and 3 in Episcopal Military
Institute Addition; the south 60 feet of Lots 16, 18,
20 and 22 on Elm Street, and the north 60 feet of
Lots 11, 12, 13 and 14 on Park Street, in Weaver's
Addition, and Lot.1 on Walnut Street in University
Addition, and Lot 2 and the east 50 feet of Lots
1 and 3 in Block 4, Leavenworth Addition. (Sl, Ord.
3576, 7-21-28).
37-304. That the following described land in the
City of Salina, now situated in the "A" Residence
District as defined by Section 3 of Ordinance No.
3188, be included within, and added to and made
a part of the "C" Commercial District as defined
in Section 5 of said Ordinance No. 3188, subject
to the conditions and provisions hereinafter set
forth, to-wit: The south 48 feet of Lot 3 and all
of Lots 4, 5, 6, and 8 in Block 1 in Pleasant View
Addition; Lots 1 and 2 in Block 1 in Evergreen Park
Addition; and Lots 68, 70, 72, 74 and 76 on Ninth
Street in the Grounds of the Kansas Wesleyan
University; provided however, that any commercial
building constructed in the territory last described
shall be of a residential type with the same setback
as required or residential buildings in the residence
district adjoining such Commercial District as here-
by created, and that the use of any commercial
buildings to be constructed within such 'district, and
all architectural and landscape plans for any such
commercial building and any advertising signs to
be used in connection therewith shall be submitted
to and approved by the City Planning Commission
and by the Board of Commissioners of the City
of Salina before any building permit for any build-
ing to be erected therein shall be issued by the
Building Inspector of the City of Salina; and pro-
vided further that if any part of this section of
this ordinance shall be held invalid, that the whole
section shall be deemed invalid and of no effect
it being the intention of the Board of Commission-
ers to adopt the same only with the conditions and
restrictions herein contained. (S2, Ord. 3576, 7-
21-28).
37-305. That the following described land within
the City of Salina shall be and the same is hereby
included, added to and made a part of the "C" Com-
mercial District as defined in Section 5 of Ordi-
nance No. 3188 and said ordinance as amended, and
that said land may be used for the purposes desig-
nated in Section 10 of said Ordinance No. 3188, sub-
ject to the restrictions and regulations hereinafter
provided for, to-wit: Lots 18, 20, 27, 29 and 31 in
Block 22 in Episcopal Military Institute Addition;
also Lots 1 to 10 inclusive, in each of Blocks 1, 4,
5 and 8 in Woodland Addition, and Lots 1 to 10 in-
clusive, of Block 8, Pacific Addition, and in Blocks
3, 4 and 5 in Episcopal Military Addition, and Lots
11, 13 and 15 in Block 3 and Lots 1, 3, 5, 7 and 9 in
Block 6, in Episcopal Military Addition, and Lots
1, 2 and 3 in Block 1, Golden Belt Addition, and be-
ginning at a point on the north line of Pacific Street
120 feet east of the east line of Third Street; thence
north 200 feet; thence east 255 feet; thence south
200 feet; thence west 255 feet to point of begin-
ning. (Sl, Ord. 3632, 1-3-29).
37 -306.
Sections.
Restrictions and Regulations, Preceding
That any commercial building constructed
""
.
Ch. 37, Art. 3
ZONING.-Additions to "C" Commercial.
on any of the land described in the preceding sec-
tions of this ordinance (see 37-305 and 37-401) shall
be of residential type with the same set back as
required for residential buildings in the Residential
Districts adjoining such commercial or light indus-
trial districts created by preceding sections of this
ordinance and that the use of any commercial build-
ings to be constructed in such districts and all
architectural and landscape plans for any such com-
mercial buildings, and any advertising signs to be
used in connection therewith shall be submitted to
and approved by the City Planning Commission and
the Board of Commissioners of the City of Salina
before any permit for any building to be erected
thereon shall be issued, and provided further that
if any section or part of this ordinance shall be
held invalid for any reason, then this whole ordi-
nance shall be deemed invalid and of no effect, it
being the intention of the Board of Commissioners
to adopt said ordinance as a whole and only with
the restrictions and conditions herein contained. (S3,
Ord. 3632, 1-3-29).
.
37-307. That the following land within the City
of Salina shall be and the same is hereby included,
added to and made a part of the "C" Commercial
District as defined in Section 5 of Ordinance No.
3188 and said ordinance as amended, and that said
land may be used for the purpose designated in
Section 10 of said Ordinance No. 3188, subject to
the restrictions and regulations hereinafter pro-
vided for, to-wit: All that part of Blocks 3, 4, 5,
6 in the Episcopal Military Institute Addition and
Block 1, Golden Belt Subdivision, and the unplatted
ground lying between Block 1, Golden Belt Subdivi-
sion and Block 6 Episcopal Military Institute Addi-
tion, not already in said "c" Commercial District;
Lots 117, 119, 121 and 122 on Third Street, Original
Town; Lot 1, Block 1, Bond's Addition; Lot 21 on
Ninth Street in Prescott Addition; the south 1,-2 Lot
10, Block 17, South Park Addition. (SI, Ord. 3829,
1-29-30) .
37 -308. Restrictions and Regulations, Preceding
Section. That any commercial building constructed
on any of the land described in the preceding sec-
tion of this ordinance shall be of residential type,
and all architectural and landscape, plans for any
such commercial building and any advertising signs
to be used in connection therewith shall be sub-
mitted to and approved by the City Planning Com-
mission of the City of Salina before any building
permit for any building to be erected thereon shall
be is,sued, and any such commercial building shall
have the same setback from any abutting street as is
.
required for a residential building in any residential
district adjoining such commercial district created by
the preceding section of this ordinance, unless the
Board of Commissioners shall by ordinance permit a
less or different setback, and any building erected on
or any use made of any of such land contrary to the
foregoing provisions shall be deemed to constitute a
violation of said Ordinance No. 3188 by any per-
son responsible for or causing such violation; pro-
vided that if any section or part of this ordinance
shall be held invalid for any reason, then this en-
tire ordinance shall be deemed invalid and of no
effect, it being the intention of the Board of Com-
missioners to adopt this ordinance as a whole and
only with the restrictions and conditions herein
contained. (S2, Ord. 3829, 1-29-30).
37-309. That the following described land, with-
in the City of Salina, to-wit: Lot 1 on Santa Fe
A venue in Holland's Addition, be and the same is
hereby included within, added to and made a part
of the "C" Commercial District, as defined by said
Ordinance No. 3188, and said ordinance as amended,
and that said land may be used for the purposes
permitted in such district by said ordinance, sub-
ject to the following restrictions, to-wit: That the
plans of any commercial building erected on such
land shall be submitted to and approved by the
City Planning Commission, and by the Board of
Commissioners, before any building permit therefor
is issued, and any such building shall be erected
in conformity with such plans. (SI, Ord. 3863, 4-
5-30) .
37-310. That the following described land with-
in the City of Salina shall be and the same is
hereby included in, added to and made a part of the
"C" Commercial District as defined in Section 5 of
Ordinance No. 3188, and said ordinance as amended,
and that such land may be used for the purposes
designated in Section 10 of said Ordinance No.
3188, to-wit: The West One Half (Yz) of Blocks
Ten (10), Fifteen (15), and Twenty-Two (22) and
the east One Half of Blocks Eleven (11), Fourteen
(14) and Twenty-Three (23) in Episcopal Military
Institute Addition. (Sl, Ord. 3915, 7-3-30).
37-311. That the following described land with-
in the City of Salina shall be and the same is in-
cluded in, added to and made a part of the "C" Com-
mercial District as defined in Section 5 of Ordi-
nance No. 3188, and said Ordinance as amended,
and that such lands may be used for the purposes
designated in Section 10 of said Ordinance No. 3188,
to-wit:
379
380
ZONING.-Additions to "C" Commercial.
Ch. 37, Art. 3
Lots 1 and 3, Block 4, Leavenworth Addition.
Lots 1, 2, 3 and 4, Block 3, Leavenworth Addition.
Lots 1 and 2, Block 2, Leavenworth Addition.
Lots 1 and 2, Block 1, Leavenworth Addition.
subject to the following restrictions, to-wit: That
any building erected on any of such land shall be
of a residential type, shall be approved by the Board
of Commissioners before a permit for the erection
of the same is issued, with the same set back as
would be required of a residential building in such
territory under the present zoning restrictions and
regulations relating thereto, all said territory being
now in the "A" Residential District unless a dif-
ferent or less set back is specifically permitted by
the Board of Commissioners. (Sl, Ord. 4102, 9-
26-31) .
37-312. That Lots 44, 46 and 48 on Santa Fe
Avenue in the Grounds of Kansas Wesleyan Uni-
versity and Lot 24 on Cedar Street in Phillips Third
Addition be and they are hereby added to and made
a part of the "C" Commercial District and removed
from the "A" Residence District as defined and pro-
vided for in Ordinance No. 3188. (Sl, Ord. 4247,
4-7-33).
37-312. Land in "C" Area District. That all ter-
ritory by this ordinance or heretofore removed from
the "A" or "B" Residence District and placed in the
"C" Commercial District shall be considered to be
and the same is hereby placed in the "C" Area Dis-
trict as defined by Ordinance No. 3188. (S4, Ord.
4247, 4-7-33).
37-314. That the Ordinance No. 3188 of the City
of Salina, Kansas, be amended and changed in the
following respects, to-wit:
By removing from the "A" Residence Use Dis-
trict as defined and governed by Section 3 and 8
of said ordinance and placing within the "C" Com-
mercial Use District as defined in said ordinance
and subject to the regulations provided for in Sec-
tion 10 thereof the following described tracts and
parcels of land, to-wit:
Lot 15, Block 2 in Fruitland Addition;
Lot 7, Block 5 in Phillips East Salina Addition;
Lots 2, 3, 4, 5, 6, 7, 8, 12 and 13 and the west
150 feet of Lot 1 in Surveyors Plat No.8;
Lots 2, 3, 4, 5, 6, 7, 8 and 9 in Block 2 in Hansen
Court, an addition to the City of Salina;
Provided, however, that the use and occupancy of
such tracts and parcel of land as placed in the "C"
Commercial Use District shall be subject to the
further additional restrictions, to-wit: That in the
construction, reconstruction or remodeling of any
building within such territory a minimum set-back
of twenty feet from the street line shall be observed
on all that part of the above described territory
lying east of Delaware Street, and on that part
lying west of Delaware Street, the same set-back
shall be observed in any case as now required for
residence properties in the remaining portions of
the blocks in which such territory is located, and
as would be required in such territory if the same
were left in the residence zone; and provided fur-
ther that any building or structure of any kind
constructed, reconstructed or remodeled within any
such territory shall be of what is commonly known
as a residence type of architecture, and no permit
shall be issued by the Building Inspector of the
City of Salina for the construction, reconstruction
or remodeling of any building within such territory
and no building shall be constructed, reconstructed
or remodeled within such territory unless and until
plans therefor are submitted to the Board of Com-
missioners of the City of Salina and approved by
such Board. (Sl, Ord. 4357, 1-2.4-34).
37-315. . That Ordinance No. 3188 of the City of
Salina, Kansas, be amended and changed in the fol-
lowing respects, to-wit:
By removing from the "A" Residence Use Dis-
trict as defined and governed by Section 3 and 8
of said ordinance and placing within the "C" Com-
mercial Use District as defined in said ordinance
and subject to the regulations provided for in Sec-
tion 10 thereof the following described tracts and
parcels of land, to-wit:
Lots 1, 2, 3, 4, on Ninth Street in Block 1, and
Lots 1, 2, 3, 4, on Ninth Street in Block 2 in Ever-
green Park Addition;
Lots 74, 76, 78, 80, 82, 84, 86, 88, 90, 92, 94, 96 and
98 on Ninth Street in the Grounds of the Kansas
Wesleyan University;
Provided, however, that no buildings shall be
erected within such territory for use as tourist
cabins or what is known as tourist camps or cabin
camps and the lots within such territory or any
buildings thereon shall at no time be used for any
such purpose; and subject to the further additional
restrictions, to-wit: That in the construction, re-
construction or remodeling of any building within
such territory, minimum setbacks shall be observed
as follows: 28 feet from the street line on each
side of Ninth Street and 20 feet from the respec-
tive street lines on Claflin A venue, Cloud Street
and Woodlawn Avenue, and provided further that
any building or structure of any kind constructed,
.
Ch. 37, Art. 3
ZONING.-Additions to "C" Commercial.
reconstructed or remodeled within any such terri-
tory shall be of what is commonly known as resi-
dence type of architecture and no permit shall be
issued by the Building Inspector of the City of
Salina for the construction, reconstruction or re-
modeling of any building within such territory and
no building shall be constructed, reconstructed or
remodeled within such territory, unless and until
plans therefor are submitted to the Board of Com-
missioners of the City of Salina and approved by
such Board. (S2, Ord. 4357, 1-24-34).
.
37-316. Relating to Preceding Two Sections. If
any clause, provision or part of any section of this
ordinance (see 37-314 and 37-315) or any restric-
tion contained in any such section shall be deter-
mined by the final judgment of any court of com-
petent jurisdiction to be invalid or ineffective for
any reason, then in such event, the whole of any
such section shall be deemed to be wholly invalid
and ineffective, it being the intention of the Board
of Commissioners to pass each section of this ordi-
nance as a whole, and in any such event the terr-i
tory described in any such section shall be con-
sidered to be within the Use Zone in which it was
located prior to the taking effect of such amending
ordinance. (S3, Ord. 4357, 1-24-34).
37 -317. That the following described tracts of
land in the City of Salina now situated within the
"B" Residence District as defined by Ordinance No.
3188 and said ordinance as amended, shall be and
the same are hereby removed from the "B" Resi-
dence District and included in, added to, and made
parts of the "C" Commercial District as defined in
said Ordinance No. 3188, to-wit:
Lot 7 in Surveyors Plat C in City of Salina, Sa-
line County, Kansas;
Lots 1 and 2 on Elm Street in Bishop's Addition
to the City of Salina, Saline County, Kansas;
Lots 5 and 7 in Block 5, Pacific Addition, City of
Salina, Saline County, Kansas;
Provided, however, that no building or structure
of any kind shall be erected on any of the property
hereinabove described until the plans for such build-
ing or structure and the location thereof on said
property and the setback from the same from the
street or streets upon which any of such lots abutt
or front shall be first submitted to and approved
by the Board of Commissioners of the City of
Salina and providing further, that if the limita-
tions and conditions hereby imposed shall be con-
tested and in any manner held to be invalid then
in any such event this entire ordinance shall as to
.
any such lots or premises be held to be invalid, and
such lots or premises shall be considered to be in
the same zone or district in which it was located
prior to the passage of this ordinance, it being the
intention of the Board of Commissioners to make
the change herein provided for only subject to the
provisions and conditions herein set forth. (SI,
Ord. 4606, 1-18-36).
37-318. That the following described territory in
the City of Salina, Kansas, to-wit: Lot 3 on Walnut
Street in School Park according to the plat of orig-
inal town of Salina (being Lot 3 on Walnut Street
between Seventh and Eighth Street) be and the
same is hereby removed from the "B" Residence
District and added to and made a part of the "C"
Commercial District as provided for in Ordinance
No. 3188, provided however, that any building or
structure erected upon or moved onto any of said
lots or any use made of said lots shall be first sub-
mitted to the Board of Commissioners of said city
and the plans for any such building and the pro-
posed use of such premises shall be approved by
the Board of Commissioners of said city before any
building permit shall be issued for any such build-
ing and before any use shall be made of any such
property which would not have been permissible
except for this ordinance. (S2, Ord. 4671, 9-4-36).
37-319. Restrictions and Regulations, Preceding
Sections. If any provisions or restrictions contained
in either of the preceding sections of this ordinance
(see 37-318 and 37-405) shall be held invalid for
any reason then the whole of such section in which
the same is contained shall be deemed to be invalid
and of no effect, it being the intention of the Board
of Commissioners to adopt each of the foregoing
sections of this ordinance as a whole and that no
part of either section shall be effective unless the
whole of such section is effective. (S3, Ord. 4671,
9-4-36) .
37-320. That the following described lands with-
in the City of Salina shall be and the same are
hereby included in, added to and made a part of the
"C" Commercial District as defined in Section 5 of
Ordinance 3188 and said ordinance as amended and
that said lands may be used for the purposes desig-
nated in Section 10 of said Ordinance No. 3188, sub-
ject to the restrictions and regulations hereinafter
provided for, to-wit:
Lots 1, 3, 6, 8, 9, 11, 13, 15, 17 and 19, in Block 4,
Pacific Addition;
Lots 6, 8, 10, 11, 12, 13, 15, 18 and 20 in Block 3,
Pacific Addition;
381
1, 2, 3, 4, 5, 6, in Block 11, Pacific Addition;
16, 17, 18, 19 and 20, in Block 2, Pacific Ad.
ZONING.-Additions Lo "C" Commercial. Ch. 37, Art. 3
East One-half Lots 84, 86, 88, 90, 92, 94 on Eighth
Street, and all of Lots 80 and 81 on Ash Street,
in the original town of Salina. (~1, Ord. 4763, 7-
17-37) .
382
Lots
Lots
dition.
Lots 1, 3, 5, 6, 8, 9, 10, 11, 13 and 15, in Block 10,
Pacific Addition;
Lots 6, 8, 10, 11, 12, 13, 15, 18, 20, 21, 22, 23, 24,
25 and 26, in Block 9, Pacific Addition;
Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19 and 21 in Block
3, North Park Addition;
Lots 2, 4, 6, 8, 10, 12, 13, 14, 15, 16, 17, 18, 19,
21, 22, 23, 24, 26, 28, 29, 30, 31, 32, 33, 34, 35, 37,
39, 41, 43 and 45 in Block 2, North Park Addition;
Lots 32, 34, 36, 38, 40, 42, 43 and 45 in Block 1,
North Park Addiition;
East 110 feet, Block 9, Leavenworth Addition and
Park No.3 in Leavenworth Addition;
except all that part of described lots and tracts of
ground which heretofore have been taken and con-
demned for street and highway purposes. (~1, Ord.
4750, 5-27-37).
37 -321. Restrictions and Regulations, Preceding
Section. That any commercial building constructed
on any of the land described in the preceding sec-
tion of this ordinance (37-320) may be used for
any of the purposes designated in Section 10, of
Ordinance No. 3188, provided, however, that before
any building permit shall be issued, for the con-
struction, erection, or reconstruction of any build-
ing on any of said land and before any building
or other structure is moved on to said land, the
plans for such building and the purpose for which
it is to be used, with the proposed set-back from
street lines of any such building or any other im-
provements on said land, shall be submitted to the
Board of Commissioners of said city and shall be
approved by such Board and it shall be unlawful
to use any of such land for any purpose other than
residence purposes without such approval by the
Board of Commissioners. (~2, Ord. 4750, 5-27-37).
37-322. That the following described lands with-
in the City of Salina shall be and the same are
hereby included in, added to and made a part of the
"C" Commercial District as defined in Section 5
of Ordinance 3188 and said ordinance as amended
and that said lands may be used for the purposes
designated in Section 10 of said Ordinance No. 3188,
subject to the restrictions and regulations herein-
after provided for, to-wit:
Lots 5, 7, 9, 11, 13, 15, 16, 17, 18, 19 and 20 in
Block 63, and Lot 15 in Block 46 in Military Addition
to the City of Salina.
37 -323. Restrictions and Regulations, Preceding
Section. That any commercial building constructed
on any of the land described in the preceding sec-
tion of this ordinance (37-322) may be used for
any of the purposes designated in Section 10, of
Ordinance No. 3188, provided however, that before
any building permit shall be issued, for the con-
struction, erection, or reconstruction of any build-
ing on any of said land and before any building
or other structure is moved on to said land, the
plans for such building and the purpose for which
it is to be used, with the proposed set-back from
street lines of any such building or any other im-
provements on said land, shall be submitted to the
Board of Commissioners of said city and shall be
approved by such Board and it shall be unlawful
to use any of such land for any purpose other than
residence purposes without such approval by the
Board of Commissioners, providing however, that
if any restrictions or conditions provided for in
this section shall be held to be invalid as to any
lot or piece of ground described in Section 1 of
this ordinance, then this entire ordinance shan be
held to be invalid and ineffective as to such lot or
piece of ground, it being the intention of the Board
of Commissioners to enact this ordinance as a whole
as to each lot or piece of ground described in Sec-
tion 1 hereof. (~2, Ord. 4763, 7-17-37).
37.324. That the following described lands with-
in the City of Salina shall be and the same are
hereby included in, added to and made a part of the
"C" Commercial District as defined in Section 5 of
Ordinance No. 3188 and said ordinance as amended
and that said lands may be used for the purposes
designated in Section 10 of said Ordinance No. 3188,
subject to the restrictions and regulations herein-
after provided for, to-wit:
The north 90 feet of Lots 82 and 83 on Ash Street,
Original Town of Salina. (~1, Ord. 4771, 8-17-37).
37 -325. Restrictions and Regulations, Preceding
Section. That any commercial building constructed
on any of the land described in the preceding sec-
tion of this ordinance (37-324) may be used for any
of the purposes designated in Section 10, of Ordi-
nance No. 3188, provided however, that before any
building permit shall be issued, for the construc-
tion, erection, or reconstruction of any building on
any of said land and before any building or other
structure is moved on to said land, the plans for
.
Ch. 37, Art. 3
ZONING.-Additions to "c" Commercial.
38;~
such building and the purpose for which it is to
be used, with the proposed set-back from street
lines of any such building or any other improve-
ments on s~id land, shall be submitted to the Board
of Commissioners of said city and shall be approved
by such Board and it shall be unlawful to use any
of such land for any purpose other than residence
purposes without such approval by the Board of
Commissioners, providing however, that if any re-
strictions or conditions provided for in this section
shall be held to be invalid as to any lot or piece
of ground described in Section 1 of this ordinance,
then this entire ordinance shall be held to be in-
valid and ineffective as to such lot or piece of
ground, it being the intention of the Board of Com-
missioners to enact this ordinance as a whole as to
each lot or piece of ground described in Section 1
hereof. (~2, Ord. 4771, 8-17-37).
37-326. That the following described lands with-
in the City of Salina shall be and the same are
hereby included in, added to, and made a part of the
"C" Commercial District as defined in Section 5 of
Ordinance No. 3188 and said ordinance as amended
and that said lands may be used for the purpose
designated in Section 10 of Ordinance No. 3188, to-
wit:
Lots 77 and 78 on Ash Street in the Original
Town of Salina. (91, Ord. 4955, 10-14-39).
.
..
384
ZONING.-Additions to "D," Light Industrial.
Ch. 37, Art. 4
ARTICLE 4.-Additions to "D" Light Industrial
District.
37-401. That the following described land in the
City of Salina shall be and the same is hereby in-
cluded within, added to and made a part of the
"D" Light Industrial District as defined in Section
6 of Ordinance No. 3188 and that such land may
be used for the purpose designated in Section 11
of said Ordinance No. 3188, subject to the restric-
tions and regulations hereinafter contained, to-wit:
Lot 42 in Block 1, and Lot 41 in Block 2 in Van
Trine's Addition. (S2, Ord. 3632, 1-3-29).
37-402. Restrictions and Regulations, Preceding
Section. (For restrictions and regulations relating
to use of land described in Sec. 37-40'1, see Sec.
37-306).
37-403. That the following land within the City
of Salina, to-wit: All of Block 1 in Hansen Court,
an addition in the City of Salina, be and the same
is hereby included within, added to and made a part
of the "D" Light Industrial District as defined in
Ordinance No. 3188 and said ordinance as amended,
and that said land may be used for the purposes
permitted in such "D" Light Industrial District as
provided for in said ordinance, subject to the re-
strictions and regulations hereinafter provided for.
(SI, Ord. 3834, 2-15-30').
37 -404. Restrictions and Regulations, Preceding
Section. That any building erected on any of the
land described in the preceding section of this ordi-
nance (37-40'3) shall be of such type as may be
approved by the Board of Commissioners and by
the City Planning Commission of said city, and all
architectural and landscape plans in connection
with any such building and all advertising signs
used in connection therewith shall be submitted to
and approved by the Board of Commissioners and
by the City Planning Commission before any build-
ing permit for any such building shall be issued,
provided that no such building shall be used for
any purpose other than for the manufacture and
sale of ice cream, or other milk products, or for
uses incidental thereto, except with the permission
of the Board of Commissioners of said city; Pro-
vided further, that any such building shall have
a set-back of 10'0 feet from the south line of Iron
Avenue and 75 feet from each of the other streets
abutting upon the land described in Section 1 of
this ordinance, and any building erected on or. any
use made of any such land contrary to the fore-
going provisions or contrary to the plans approved
as provided for herein shall be deemed to constitute
a violation of said Ordinance No. 3188 by any per-
son responsible or causing such violation; and Pro-
vided further, that if any restriction contained in
this ordinance shall be held invalid for any reason
then this entire ordinance shall be deemed invalid
and of no effect, it being the intention of the Board
of Commissioners to adopt this ordinance as a whole
only with restrictions and conditions herein con-
tained. (S2, Ord. 3834, 2-15-30').
37-405. That the following described territory in
the City of Salina, Kansas, to-wit: Lots 1, 2, 3,
4, 5, 6, 7 and 8 in Block 13 in Pacific Addition in
the City of Salina be and the same is hereby re-
moved from the "A" Residence District and placed
in and made a part of the "D" Light Industrial
District as provided for in Ordinance No. 3188, pro-
vided however, that any building or structure
erected upon or moved onto any of said lots or any
use made of said lots shall be first submitted to
the Board of Commissioners of said city and the
plans for any such building and the proposed use
of such premises shall be approved by the Board
of Commissioners of said city before any building
permit shall be issued for any such building and
before any use shall be made of any such property
which would not have been permissible except for
this ordinance. ( S 1, Ord. 4671, 9-4-36).
37-406. Provisions Relating to Preceding Section.
(For additional provisions relating to 37-40'5, see
37-319) .
37-407. That the following described territory in
the City of Salina, Kansas, to-wit:
Block 12 in Calkins Addition in the City of Salina,
Kansas, be and the same is hereby removed from
the "C" Commercial Use District and placed in and
made a part of the "D" Light Industrial Use District
as provided for in Ordinance No. 3188. (SI, Ord.
4682, 9-28-36).
.
Ch. 37, Art. 5
ZONING.-Additions to "E," Heavy Industrial.
385
ARTICLE 5.-Additions to hE" Heavy Industrial
District.
37-501. That the following described land with-
in the City of Salina shall be and the same is here-
by included in, added to and made a part of the
"E" Heavy Industrial District as defined in Section
7 of Ordinance No. 3188, and said ordinance as
amended, and that such land may be used for the
purposes designated in Section 12 of said Ordinance
No. 3188, to-wit: Lots 38, 40, 42 and 44 on Fourth
Street, and Lot 41 on Fifth Street in Original Town
of Salina. (~1, Ord. 4035. 3-28-31).
.
.
.
GENERAL INDEX.
387
GENERAL INDEX
A
Ch.-Sec. Bill Boards-Concluded
Ch.-Sec.
.
Accident Insurance for Firemen. . .9-20.4
Additions in city limits.. . . . . . . . . .7-20.1 to 7-344
Advertisements; on marquees. . . . . . . . . . . . . . . .5-242
on poles ..........................5-60.6, 15-138
Alleys (see Streets and Alleys):
direct drain into prohibited. . . . . . . . . .5-90.2
downspouts into prohibited.... . . . . . . . . .5-90.1
vehicles entering or emerging from. 29-150., 29-165
opened. . . ................ .27-30.1 to 27-320.
vacated. . . ....................27-40.1 to 27-476
Ambulances (see Traffic Code):
Amusements; board of public welfare regulate.3-1o.3
permits from board of public welfare. 3-10.3, .3-10.4
Animals. . . ...................... .1-10.1 to 1-216
carcasses; hauling through streets, mis-
demeanor ............................ .15-166
cattle, prohibited ....... .................1-215
cattle, nuisance ......................... .1-216
cruelty to . . . . . . . . . . . .1-218, 15-10.3
dead; depositing in streets. . . . . . . . . . . . . . . .15-167
placing in sewers...................... 24-10.2
diseased; driving through streets. . . . , . . . . .15-166
sale of milk from. . . . . . . . . . . . . . .15-115, 20.-10.2
dogs. . . ......................... .1-10.1 to 110.
hogs prohibited ......................... .1-213
picketing on streets, impounded. . . . . .1-20.1, 1-20.2
pigs, suckling ............................ 1-20.9
running at large, impounded. . . . . . . . .1-20.4, 1-20.5
sale of; impounded. . . . . . . . . . . . . . . . . . . . . . . .1-20.7
sidewalks, trespassing on.... . . . . . . . . . . . . . .1-211
trespassing on private grounds or sidewalks .1-211
Arterial Highways (see Traffic Rules).
Ash Street; width of 7th to 9th.
Ashes; storing ...
hauling over streets.
Auctioneers; license. . . .
A uction Rooms; license.
A uction Sales; license.
A uction Stands; license.....
Automobile junk dealers. . . .
Awnings; signs on. .. . .
distance above sidewalk.
. 25-112
. . . . . . . . .10.-128
. . . . . . .. ...26-211
.14-10.5, 80.1
.14-10.6, 80.1
. . . . .14-10.7, 80.1
. .14-10.8, 151, 155, 80.1
... .. . .14-70.4 to 712
. .5-244
. . . .5-243
B
Band, Municipal . . . . . . . . . . . . . . . . . . .2-10.1, 2-10.4
contract with city. . . . . . . . . . . . . . . . . . . . . . . . .2-10.3
approval by board of commissioners. . . . . .2-10.4
executive board ..........................2-10.3
trustees, 'appointment .................... .2-10.1
term of office. . . . . . . . . . . . . . . . . . . . . . . . . . .2-102
Barbed wire fences. . . . . . . . . . . . . . . . . . .16-10.6
Beer . . . . . . . . . . . . . . I ':1.-:-17.)0 ( .
Bill Boards. . . . . . . . . . . . . . . . . . . . . . . . . . .5-70.1 to 728
application for license and permit. . .5-70.5, 70.8
bond . . . . . . . . . . .5-70.9, 722
classifica tion . . . . . . . . . . . . . . . . . .5-70.1
conform to zoning ordinances. . . . . . .5-70.3
definitions . . . . . . . . . . . . . . . . . . . .5-70.2, 726
'.
exemptions . . . . . . . . . . . . . . . . . . . ..5-719
fees . . . . . . . . . . . . . . . . . . . .5-70.6, 711
ground signs. . . . . . . . . . . . . . . . . . . . . . . . .5-714, 715
inspection . . . . . . . . . . . . . . . . . . . . . . . . . .5-70.7
licenses .........................5-70.5, 710., 712
license exemptions ........................5-719
name ....................................5-721
outdoor advertising . . . . . . . . . . . . . . . . . . . . . . .5-70.2
permits ................. . . . . . . . . . .5-70.5
personal business... . . . . . . .. . .. . .. ... . . . . .5-720.
posters ..................................5-724
real estate signs.......... . . . . . . . . . . . . . .5-723
regulations.......... ...... .5-70.4, 713, 717, 718
roof signs ...............................5-718
set backs .... . . . . . . . . . . . . . . . . . . . . . . . .5-714
wall signs ...............................5-717
weeds ...................................5-716
zoning ordinances, conform to. . . . . . .5-70.3
Billiard Halls (see Pool Halls) . . . . .14-401 to 14-411
Bills, Posting on Telegraph or other poles.. 15-138
tearing down when legally posted. . . . . . . . .15-139
Board of Commissioners (see City Officers). .6-10.1
Boards and Commissions:
band, trustees ...................2-10.1 to 2-10.4
board of public welfare. . . . . . . . . . .3-10.1 to 3-211
cemetery board ..................6-70.1 to 6-70.7
city planning commission.. . . . . . . .6-40.1 to 6-40.8
library board ....................6-60.1 to 6-60.3
executive committee Oakdale Park........ .17-310.
plumbers examining board........ 5-472 to 5-479
trustees Memorial Hall .. ........6-50.1 to 6-50.3
Board of Public Welfare. . . . . . . . . . . .3-10.1 to 3-211
amusements; regulate ................... .3-10.3
authority of chairman ....................3-20.9
board created ............................3-10.1
by-laws. . . ..............................3-10.2
certificates for dances. . . . . . . .. ...........3-20.2
dances and dance halls regulated. . . .3-10.3
duties of board.. . . . . . . . . . . . . . . . . . . . . . . . . .3-10.3
organization of board. . . . . . . . . . . . .3-10.2
permits. .......3-10.3, 3-10.4, 3-20.4, 3-20.7, 3-210.
poor; board may investigate. . . . . . . . . . . . . . .3-10.5
public dances; jurisdiction................. 3-20.2
revoke permits .. ........................3-10.4
term of office of board. . . . . . . . . . . . . . . . . . . .3-10.1
theatres; regulate ........................3-10.3
Boating on River.... ..................... .15-153
Bonding Companies ....................4-10.1, 10.2
Bonds:
agents ................. .om............. .4-10.1
approval of ..............................4-10.4
bill boards ...............................5-70.9
electrical inspector's bond ............. ...5-30.1
electric wiring bond. . . . . : . . . . . . . . . . .. .... 5-30.6
gas piping and fitting. . . . . . . . . . . . . . . . .. ..5-50.<1
house moving bond. . . . . . . . . . . . . . . . . '. . . .5-810.
license and contract bonds. . . . . . . . . . . . . . . . .4-10.1
plumbing license bond. . . . . . . . . . . . . .5-40.8
public improvement bonds............. ...4-10.2
qualification of sureties. . . . . . . . . . . . .4-10.1, 4-10.2
signatures to bonds.................... . . .4-103
388
GENERAL INDEX.
Ch.-Sec.
Bonds Addition, block 3 replatted. . . . . . . . . . .18-102
Bonfires. . . . . . . . . . . . . . . . . . .10-110, 116, 118
Boundaries, of city ........... .. .7-101
of fire limits.. . . . .11-101
Broadway Boulevard . . . . . . . . . . . . . . . . . . .14-216
Brown's Addition, replatting part of. . . . . . . .18-104
Building Codes and Regulations. . . . . .5-101 to 5-908
(see building code, plumbing code, electrical
code, gas piping, etc.)
Building Code; Buildings:
addition-to frame building............... 5-207
alteration-in fire limits. . . . . . . . . . . . . . . . . . .5-208
hotel, rooming house, apartment. . . . .5-218
apartment----changed to ......5-208, 215, 216, 218
areaways-protection .................... .5-229
area-limits of....................... 5-232, 235
automatic fire doors-in party wall.... ... .5-232
awnings-signs on, height. . . . . . . . . . . . .5-243, 244
basements, rooms in. . . . . . . . . . . . . . . . . . . . . . .5-214
basements, in fire limits. . . . . . . . . . . . . . . . . . .5-203
beams-ends in wall. . . . . . . . . . . . . . . . . . . . . . .5-224
brick veneer .............................5-207
burners-gas or gasoline............ . .5-265
business-above first floor. . . . . . . . . . . . . . . . .5-226
canopy-over walk .......................5-242
carrying-safety load ....................5-268
cellars-living room ...................... 5-214
cellar-water in . . . . . . . . . . . . . . . . . . .5-291
chimneys----construction. . . . . . . . . . . . .5-251 to 260
concrete blocks-material .................5-210
condemned work . . . . . . . . . . . . . . . . . . . . .5-269
coping-for walls . . . . . . . . . . . . . . . . .5-230
corbeling-for beams ................ .5-224
corbeling-for flues ......................5-255
dangerous condition ........... .5-271
damaged-by fire ....,....... . . .5-206
depth-of cellar wall ... . . . , . . 5-211
defective flues ...,. .................. .5-252
derricks-over streets ....................5-248
distance-from lot line,.........,..... ...5-209
division walls-thickness. . . . .5-210, 221
doors-fire . . . ..........................5-225
doors-opening in stairway............. .. 5-226
dumb waiters~shafts . .5-230
dry rooms-construction .5-264
egress-above first floor . . . .5-232
elevator shafts-protected. .5-226, 228
exit-emergency . . .5-232
exterior walls-hollow tile. . . .5-210, 223
fee-for buildings .,.. .5-202
fee-for canopies .......... .5-242
filling station-location .5-250
fire doors-how installed..... . . . . . 5-226
fire limits-buildings in. .5-203
fire proof-tenement houses. . . .5-215
fire stops-in partitions. .5-225, 236
fire walls-automatic doors in. .5-225, 232
fire walls-height, construction. . . . .5-220
fireplaces . . . . 5-258
fireplace-header beams ........ . . ,5-259
floor-beams . . . . . . . . . .5-224
floor-opening in . . .5-229
floor area-explanation . . . . . . . . . .. ...5-232
flues-lining 5-253
flues-distance from wood. .5-254
flues-vent . .5-267
foundation-depth of . .5-211
Building Code-Continued
frame construction defined
frame buildings-remodeling
frame buildings-damaged.
frame buildings-height.
frame buildings-prohibited.
gas or gasoline burners.
gas----connections
glass panels-in doors
grate-in fireplace
grating-over areaway
guy wire-over street
hangers-for beams.
hall partitions-business building
heating device-furnaces.
height-limit of. .. .. .....
height----chimneys .
height-frame buildings.
height-shaft walls....
hollow blocks-bearing walls.
hollow tile-bearing walls.
hotels
hot air pipes and registers.
inspection-monthly report..
inspector--entering buildings
inspector-power to enforce,
iron covered sheds-in fire limits.
lath-for fire proof..
light shafts.
living quarters.
living room, in basement.
living quarters, in frame building
light shafts,
lights-floor . . . . . . .
load-of roof, of building.
marquees
marquees-advertisement on
metal frames-fastening.
moving-in fire limits...
moving picture-buildings used for.
open heating devices
opening-in floors.
opening-,-in interior walls
opening-in roof,
ordinary construction
party walls-thickness
parapet walls-height,
partition-walls
permits-when required. .
permit-when required.
plans
protection-over sidewalks. ... .
public buildings-above first floor
ratproofing
repairing-in fire limits.
remodeling-in fire limits
red lanterns-required.
rooming house
roofs--in fire limits.
roofs----composition
roof-beams
roof-load
roof-material
roof ~penings
safety-load
scaffold over sidewalk
separation-beams
sewer-gas in basement
Ch.-Sec.
5-237
5-208
. .5-206
.5-207, 235
. . ,5-204
. 5-265
5-266
.5-226
. . , . . . . . . . . . . . . . .. 5-258
. . . 5-234
5-248
, . 5-224
. , .5-226
,5-240
. . . . .5-235
, 5-240
.5-207
. . . 5-230
5-210, 223, 235
5-210, 223, 235
.5-215, 216, 218
... .5-238
, . ,5-270
5-104, 269
5-270
. .5-209
. .5-226
5-230
5-208
5-214
. . ,5-207
5-230
5-229
.. .. . .5-213,268
5-242
. .5-244
5-226
5-204
.5-233
... .5-265
5-229
5-225
5-231
. ,5-205
...5-221
, 5-221
, . .5-221
5-201, 217, 219, 243
5-273
. .5-272
5-246
5-226
5-263
5-206
5-208
5-249
. .5-215, 216, 218
5-203
5-222
. . . . . 5-219
. ,5-213
. 5-221
5-231
. . .5-213, 249
, .5-246
5-224
, . , . .5-271
...,
~
GENERAL INDEX.
.
Building Code-Concluded Ch.-Sec.
sidewalk-protection 5-246
signs-attached to awnings 5-244
skylight-over shafts. 5-228
skylight--construction .5-20'3, 227, 228
sleeping rooms in fire limits. . . . . . . . . 5-20'3
slow burning-tenement houses ...........5-215
smoke stacks-construction. 5-259
smoke stacks-near wood. 5-259 260'
stand pipes in theaters. . .5-233
stair shaft-public buildings 5-226
stairway-width . .. . .... .. .... .5-232
stone walls-thickness. .5-212
storing gasoline-prohibited. .5-250
stoves and ranges ........... . . . 5-239
stove pipes through walls .15-110
street, use during construction . . . .5-245, 249
street, use for storage. 5-247
tenements. 5-214 216
in basements... .5-214
permits . . . .5-217
test-hollow blocks 5-210 223
test-floor construction. . . . .5-212
test-cylinders . .5-212
tenement houses-living quarters 5-214 to 217
tenement houses-height 5-215
temporary sidewalks-safety of . .5-246
thickness of walls ............... . . . .5-210
theaters-stand pipes in. . . . .5-233
theaters.~unsafe . . . . . .5-271
unsanitary conditions. . . . . . . . . . . . . . . .5-271
veneer-brick 5-207
vent-flues, shafts 5-230, 267
walls-beam ends separated 5-214
in fire limits 5-203
fire walls 5-221
hollow block. . . . . . . . . . . . 5-210, 223, 235
openings in . . . . .5-225
walls-thickness . . . .5-210, 212
walls-on lot line, depth 5-211
walls-exterior . . 5-223
walls-shaft ..... 5-230
water-in basement 5-271
wire glass-where required. 5-226
windows--in shafts .5-228
windows-in stairways. 5-232
wood beams-in walls. . . . . . ... .... .5-224
wood beams-in flues. 5-259
wood supports-for flues. . 5-259
Building Inspector (see Building, Plumbing
and Electrical Codes):
appointment; authority; bond; duties.
. .5-101, 5-102, 5-104, 5-301
enforce building ordinance 5-270
enter buildings .5-269, 5-303
ex-officio; electrical inspector 5-301
license inspector . . . . . . .14-607
plumbing inspector. 5-402
fees; buildings . . . . . . . . 5-202
electric wiring . . . . . . . . . . 5-307
gas piping . . . . . . . . . . . . . . 5-505
house moving . . . . . . . . . . 5-801
plumbing 5-408
signs 5-60'2
fire chief, duties formerly performed by 5-105
gas piping 5-50'1 to 5-514
house moving 5-801 to 5-811
inspect building to be moved 5-802
,
Building Inspector-Concluded Ch.-Sec.
inspect plans ..... . . . . . . . . . . . . . . . . . . . . .5-272
nlOnthly reports .. . . . . . . . . . . .5-270
office created . . . ... . ... .. .5-101
permits-buildings 5-201, 217, 219, 273
electric . . . . . . . . .. ..... 5-307, 307A
plumbing ...... . .5-406, 407
powel'S of inspector . . .5-104
qualifications . . . . .5-101
salary . 6-303
signs . . . . . . . . . . . . . . .5-601 to 612
w~s ~s~cl... ...........~W
c
Cabarets-permit 3-104
Board of Public Welfare supervise. . . . .3-103
Cattle (see index under Animals, Milk, etc.)
impounded . . .1-202, 205
keeping in city. . . . . . . . . . . . . . .1-215, 216
picketed in streets . . . . . . . . . .1-201
running at large. . . . . . . . . . . . . . . . . . . . .1-204
trespassing, sidewalks, private grounds... .1-211
Cemetery Board. . . . . . . .. 6-701, 703
Cereal Malt Beverages . . . . . . . . . . . . .14-1001
Cess Pools-prohibited.......... . .20'-214
when permitted. . .5-465
connection with sewer prohibited .24-102
Chamber of Commerce Sign, 12th St.. . .5-613
Chester Avenue.... .. . ..... 26-211
Chief of Police (see City Officers).
Chimneys (see Building Code).
Cigarettes and papers; use by minors. . . . . . .15-135
furnishing to minors .......... . . .15-136
Cisterns, connecting with sewer prohibited. . .24-102
City Court . . . 34-101 to 133
City Hall and Fire Station Property, Acquired. 8-101
City Limits; Defined and Established. . .7-101
ordinances extending limits. .7-201 to 344
City Officers and Employees .........6-101 to 707
board of commissioners; duties............ 6-101
appoint city manager. .6-102
approve bonds .4-104
approve plats..... . .. ..... .6-406
election of. . . . .6-101
references to councilor committees. . 6-201
building inspector (see index under building
inspector) .
bookkeeper; salary...... 6-30'3
building custodian; salary. . . . .6-303
care-taker city dump; salary........ 6-226, 6-303
chief of police (see police department).
appointment and duties. . . . . 6-109
call on citizens for assistance .19-117
enforce ordinances and penal laws .19-105
enter houses. . . . . . . . . .19-106
keep account of monies. . 19-10'7
salary .. 6-304
wear badge . . . . . . . . . . . . . . .19-109
city attorney, appointment and duties. .6-108
approve bonds . . . . . . . . . . 4-104
additional duties. . . . . . . . .6-217 to 219
salary . . .6-30'3, 316
city clerk, duties and bond 6-10'7, 202, 204
deputy . . .6-113, 114, 303, 317
salary .6-303
389
390
GENERAL INDEX.
City Officers and Employees-Concluded Ch.-Sec.
city engineer, appointment and duties. . 6-110
establish grades. .26-703, 704
make contour map of city. . . . . . . .26-702
office combined with sanitary and health
officer ..............................6-221
prepare plans and specifications for side-
walks ..............................25-107
for cutting curb for driveways. . . .. ..26-202
salary ................................. 6-306
city manager, appointment, duties and bond. 6-102
salary. . . . . . . . . . . . . . . . . . . . . . .. 6-105, 303
superintendent of water works. . . . . .6-103, 104
bond ..................................6-106
city mechanic, appointment and salary .6-223, 305
city physician, appointment. . . . . . . . .6-213, 20-315
powers and duties. . . . . . . . . . . . . . . . . . . . . .20-308
term of office... . . . . . . . . . . . . . . . . .20-316
compensa tion ....... .. . . . . . . . . . . . . . .20-317
city treasurer, appointment, duties and bond 6-107
bonds, deposits and additional duties 6-205 to 213
g~ry...........................6~02
department of finance. . . . . . . . . . . . . . . . .6-107
department of law. '" . . . . . . . . . . . . . . . . . . 6-108
department of public safety. . . . . . . . . . . 6-109
department of public service. . 6-110
depositories. . . . . . . . . . . . . . . . . . . . . . . . 6-211 to 213
electrical inspector, appointment, duties and
bond. . . . . . . . . . . . . . . . . . . . . . . . 5-301, 5-302
(see electrical code, building inspector).
fire department (see index under fire depart-
ment) .................................6-109
salaries ....... . . . . . . . . . . .6-308
inspectors, rodmen and etc.. . . . . .6-111
mechanic 6-223
Memorial Hall custodian .6-303
night firemen at city hall .......... 6-225
other officers and departments. 6-111, 112, 313
police department (see index under police de-
ment) salaries............... .. .....6-304
police judge, appointment, duties and bond 6-108
salary .... . .. . ... . 6-304
plumbing inspector (see plumbing code) 5-402
sanitary and health officer (see public
health)
office combined with city engineer
sewage disposal plant, superintendent
stenographers and clerical assistants;
salary. . . . . 6-107, 303
superintendent of parks; duties; salary 6-111, 307
superintendent of streets; appointment and
duties ........................... .6-110, 222
salary . . . . . . . .6-305
swimming pool superintendent, salary. .6-227, 228
assistant . . . . . . . . . . . . . . . . . . . .6-229
waterworks department, salaries... ......6-311
wa tel' department (see Waterworks department).
City Park ....... ......17-501
City Planning Commission. . . .6-401 to 6-409
board created. 6-401
members, appointment. 6-402
duties 6-404
plats and additions. . .6-405
approval of plats. 6-406
illegal plats.. . .6-407
City Property. . . .8-101 to 115
Convention Hall; special permit for. . 5-907
Country Club Road .26-610
. . .6-111
6-214
6-310
Cows (see index under cattle and Ch.-Sec.
under milk and dairy products).
Crossings; Railroad; maintenance and construc-
tion of . . . . . . . . . . . .26-401
Cruelty to Animals. . . .1-218, 15-103
Curbing; cutting for driveways. . . . . . . . . .26-201
Curb filling stations; in fire limits prohibited 10-212
outside of fire limits; special permits .....10-213
Curb line; moving houses, not to extend, over. 5-807
Custer A venue. . . . . . . . . . . . . . . . . . . . .26-211
name changed. 26-211
D
Dairy Barns and Dairies. . . . . . . . .20-101 to 124
Dances; Board of Public Welfare to Super-
vise . . . . . . . . . . . . . . . . . . . . . . . . . . .3-103, 3-104
regulation by board of public welfare 3-201 to 212
disorderly conduct at. . . . . . . . . . . . . .3-206
license fees.... . . . . . . . . . . . .14-301
public dance defined.. .......... 3-201, 203
on Sunday, nuisance. . . .14-310
Dance Halls (~ee Dances) . . . . .3-103, 3-201 to 3-212
owner notify police and welfare board of
dances . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-205
Decatur Street. . . . . . . . . . . . . . . . . . . . . . .26-213
name changed................. .26-214
Derricks Over Streets............. . . . . . . .5-248
Dikes .......................... .13-101 to 13-103
Diseases (see Public Health).
Disorderly Assembly.. .15-150
Disorderly Conduct; in general. . . . .. .15-111
at dances. . . . . . . . . . . . . . . . .3-206
at fires. . . . . . . . . . . . . . . . . . . . . .9-114
in pool and billiard halls, beer places. 14-407, 1010
Distillate and Fuel Oil Tanks . . .10-201
Disturbing the Peace. . . . . . . . . .15-112
Dogs. . . . . . . . . . . . . . . . . . . . . . . . .1-101 to 1-110
at large after mayors proclamation. . .1-101
entering buildings prohibited. .1-110
impounded, killed. ............ .1-1,07
license ....... . .1-109
mad dogs, mayor to issue proclamation. .. .1-101
marshal kill dogs after proclamation. . . .1-102
registration . . . . . . . . . . . .1-109
running at large, nuisance. . . . .1-106
vicious, harboring. ... . . . . . . . . . . .1-104
vicious, killed by marshal. . . . . . . . . . . . . .1-105
Downspouts to Alleys and Streets . . 5-901
direct into alley or street prohibited 5-902
Drivers of Vehicles (see Traffic Code; Taxi-cabs).
Driveways Cutting Curb for. .......26-201, 26-204
Drug Stor~s; Dances or Entertainments in 3-103
Drugs, Narcotic . . .15-401 to 15-404
Dynamite, Storing Prohibited .10-132
E
Eastern Heights Avenue, name changed
Electrical Code. .5-301
alteration or changing..
armored cable
bath room lights
bond and license. .
code
ceiling-low
conduit
. 26-608
to 5-337
. . . . 5-328
5-322
. .5-320
.5-306
. . 5-309
.5-315
.5-316
.:4.
GENERAL INDEX.
391
Electric Light Franchise
Escape, from officers.
aiding and abetting.
Exca va tions (see streets).
Electrical Code-Concluded Ch.-Sec. Fire Chief-Concluded Ch.-Sec.
circuits ........... 5-3.19 approve route of house moving. , . . .5-802
concealed wiring.......... ... .. . . . 5-327 examine premises. . . . . . . . . . . . .10-101, 108
covering wiring before inspected... 5-327 make and enforce' rules'.. . , . . . . . . . .9-104
changing or alterations,.."..."... . 5-328 obstructing or hinderfng. ',. . .9-106
defective wiring..,..,.......,....... . .5-318 order removal of combustibles........... '.'10~101
entering buildings.,..........,.... .5-303 persons refusing to obey orders of. ,9-114,9-115
enforcement of ordinance . . . .5-331 record of fires and property, . . . . , . . . . . . , , .9-107
fire-in case of. . . . . . . , . . . . . . . . . . . .5-305 reports to board of commissioners..,.,.., .9-107
fees and permits. . . . . , . , . . , . . . . . . . .5-307 report violations.......,...., . . ,9-105
garage wires.........,......., . . . ,5-313 require aid of citizens. . . . , . . . . . , . . . . . . .9-113
header boards....".......,.,............ 5-321 responsible for fire department. . . 9-105
inspection ."...,.........."... . 5-329 salary. . . . . . . . . . . . . . . . . . , . , . , . , . . . . 6-308
inspectors duty. . . . . . . , . . . , . . . ,. ..... 5-302 suspend employees.."....,.... , . 9-105
~~ case of fire.........,.....,..... .... .5-305 Fire Department (see fire chief)..,. .9-101 to 9-116
lCense and bond. .5-306 citizens required to aid. , . . . . . . . . , , , .9-113
location of meter. . . .5-314 cut down buildings at fires. . . . . . . . , , . . .9-109
low ceilings. ., . . . . . . , .5-31,5 fire guard; protect property. ...... . . .. .9-110
meter location. . . . . . .5-314, 333 firemen attend fires .. . . . . . . . . , . . , .9-108
meter board . . . .5-321 members off duty; repor:t at fire alarm. . . .9-103
:~l~~ r:~~~~~: . . . . . . . . : : . . . . . : : ~=~i~ right of way in streets. . .10-114, 29-105, 131, 152
t f. t' rules ......,.......,... .9-104, 9-105
no ice 0 mspec Ion . . . . .5-329 salanes 6 308
outlets on circuit. . . . . . , . . . .5-319' . . . . . , . . . . , .. -
tl t h d . . . . . . . . . . . 5 321 taking property of, penalty. . . . . . . . .. ....9-112
ou e ea ers. . . . . . . . . . . .. .,.... - two platoons; hours of service. . , , , . . . . . . . .9-102
permit and fees.,.. ,... .5-307, 307A F' E t' 'h . d t h 10 III
pannel boxes. . . . . . , , . . .5-312 Ire x mgUls ers; reqUIre a t eaters. .-
plug outlets. . . , . . . . . . . .5-323 Fire Guard; Police Constitute. ..... 9-110
penalty . . . . . , . . 5-332 Fire Hydrants; opening, meddling with .15-145
radio interference... . . . . . . . . . . . . . . .5-334 obstructing. . . . . . . . , . . . . . . . . . . . . . . 10-115
receptacle openings. . . . . . . , . . . . . .. '" . 5-323 parking by . . . . , . , . . . . . . . . . . . . . .29-170
release of responsibility... . . . . . . . . . .5-330 Fire Limits; defined. . . . . . . . . .11-101 to 105
special decisions........,. .5-304 buildings in, construction and alteration
service entrance .5-310 . . . . . . . . . , . . , . , . . .5-203, 11-103
service switch. .5-311 buildings in fire district numbers 2 and 3
switches--motor ...... .5-317 ................... .11-103,11-107
switches-bath room..,.......... . . .5-320 curb filling stations in; outside of . .10-212, 10-213
selling meter. .5-324 districts numbers 2 and 3 defined. . .11-103 to 107
size of wire .......... 5-325 frame building in. . . .5-204, 206
wires over street. . . . . . . . . . 5-309 outside of limits........... 5-207
wiring-defective .5-318 additions to . . . . . . . .5-208
watts-per circuit. . . .5-319 iron covered sheds in . . . . . . .. 5-209
wire-size . . . . . . . . . . .5-325 moving buildings into. . . . . 5-204
wires-interfering with firemen 5-326 storing hay or other combustibles in.. 10-110, 120
when inspection required. 5-329 Fire Prevention, ordinances relating to 10-101 to 214
wires in streets . . .5-905 Firemen (see Fire Department)
Electrical Inspector (see Electrical Code). Firemen's Pension Fund . .9-301, 311
. . .5-301 to 4-335 Firemen's Relief Association. . . . . . .12-101, 106
(see public utilities) .22-101 Firestone Tire & Rubber Co., gasoline pipe-
line , . . . . . . . . . . . .22-512, 518
,. .15-174 Floors (see Building Code).
................ .15-175 Floor Drains (see Plumbing Code).
Flues (see Building Code). 5-240, 5-241, 5-248
Flush Tanks, Breaking. . .24-302
Food; selling decayed or unwholesome .15-117, 20-114
milk diluted or from diseased animals.
. . . . . . . . . . . . . . . 15-118, 20-120
Fumigants, use of. . . . . . . . , , . . . . . . .10-135
F
.
Faulkner Street, name changed. . . . . . . . .26-603
Filling Stations, location of. . . . . . . . . . .5-250
curb stations, in fire limits. . . . . , .10-212
curb stations, outside of fire limits. . . . . . . .10-213
Fire Apparatus; right of way in streets....
. .. . .. . . .10-114, 29-105, 131, 152
Fire Arms; discharging in city. . . . . . . . . .15-1,16
carrying concealed . . .15-173
Fire Crackers and Fire Works; prohibited in
parts of city . . .14-901, 15-117
Fire Hose; driving over. 15-119, 29-195
Fire Chief (see Fire Department). 9-101
adopt measures for fire prevention 10-101
G
Gambling. . . . . . . . . .14-1003, 15-120 to 125
in connection with carnival and amusement
companies . . . 14-202
Gambling House; letting premises for. . .15-120
keeping or maintaining. .15-121
police authorized to enter. .15-121
Games of Chance or Skill....... ...." ,15-122
.
392
GENERAL INDEX.
Hay; stacking in certain districts, prohibited .10-120
stacking within 500 feet of fire limits. .10-127 Junk Dealers, licenses, regulations
Hogs, running at large.......... ...... .1-204,205 L
Horses, hitching to trees. . . . . . . .. ......... .15-171
picketing in streets.. ........ . ... . .1-201
running at large. . . . . . . . . .1-202 to 1-205
trespassing on sidewalks or private grounds .1-211
Ch.-Sec.
Garages; Drains in......................... 5-447
Garbage; collected and removed........... .28-104
metal receptacles required... . . . .28-104
notice to owner, abatement. . . . . . . .28-109
placing in sewers........... . . . . . . . . . ..24-302
placing in streets, alleys, lots, etc.. . . . . . . .28-101
Gas Burners.. ........ ...... .5-265,266, 501 to 519
Gas Franchise (see Public Utilities).
Gas P~p~s; taking or tampering with. .26-601, 26-602
Gas PIpIng.......................... .5-501 to 519
approval .................................5-515
bond .............. ..... . . . . . . . . . . . . . . . . . . .5-504
certificate ...............................5-516
condemn and disconnect system. . . . . . . . . . . .5-507
connections. . . . . . . . . . . . . . . . . . . . . .5-266, 509, 510
connections with mains............... .... .5-506
connections-meters ......................5-511
defective work removed.................. .5-515
disconnect and condemn system........... 5-507
fees .....................................5-505
inspection. . . . . . . . . . . . . . . . . . . . . . .5-501, 503, 515
installation requirements............. .5-510
license .................................. 5-504
permit required................... .5-502
pipe sizes................................ 5-514
plumbing inspection, duties........ .5-501
record ...................................5-516
release of gas from mains......... ..... .5-513
responsibility ............................5-517
rules and regulations............... .5-509
testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-508, 509
Gas service pipes, laid prior to paving. . . . . .26-301
Gasoline, at air port............. . . . . . . . . . .33-116
Gasoline and Oils. . . . . . . . . . . . . . . . . . . . .10-201
Gasoline, storage, tanks. . . . . . . . . . . . . .10-201 to 211
storage or sale near schools. . . . . .5-250
pipeline, Firestone T. & R. Co.. .22-512, 518
Gasoline; Burners................ .5-265
curb filling stations. . . . . . . . . . . . . .10-212, 213
filling stations..... ......................5-250
sales on streets prohibited. . . . . . . . . . . . . . . . 1D-210
storing prohibited. . . . . . . . . . . . . . . . . . . . . . . . .5-250
tanks, construction of. . . . . . . . . . . . . .10-201 to 210
Goats; running at large. . . . . . . . . . . . . . . .1-204, 1-205
Grades; ordinance relating to. . . . . . . . .26-701 to 704
bench marks, established. . . . . . . . . . . . . .' ..26-701
city engineer to establish. . . . . . . . . . . . .26-703, 704
removal of stakes or monuments established.15-159
Guns; BB prohibited... ........ ......... .15-107
blank cartridges, prohibited. ........... .15-117
carrying concealed........... . .15-173
discharging in city. . . . . . . . . . .15-116
parents permitting BB guns. .15-109
Guy Wires Over Streets. . . . . .5-248
Gypsum Hill Cemetery. . . . . . . . . . . .6-701 to 707
H
Ch.-Sec.
.Hose, driving over. . . .15-122
Hopping on Railroad Cars. . . . . . . . . . .15-145
Hydrants, opening or meddling with. .15-144
Hotels; fire chief to inspect. . . . . . . . .. . .10-103, 104
House Moving. .5-801, 812
city clerk issue permit . .5-802
bond required. . . . . . . . . . . . . . . . .5-810
curb line, not to extend over .. . . .5-807
inspection of building required . . .5-802
removal of wires . ......5-803
route, approval by fire chief, bldg. insp., etc. 5-802
signals in streets required.. . .. ......5-805, 806
streets, moving along certain prohibited. 5-804, 805
trees; trimming of, supervision of, responsi-
bili ty ................... . . .. . 5-808
permits . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-801
standing in streets. . . . . . . .5-805
I
Ice; removal from sidewalks. . .15-157
Immoral Conduct................ .... 15-201, 215
inmate of house of ill fame. . . . . . . . 15-204, 205
houses of prostitution or ill fame. . .15-201, 207
occupying room for immoral purposes. .. .15-213
procurers or pimps.. . . . . . . . . . .15-209, 212
soliciting on streets.. . . . .. .... 15-208
transporting persons for. . .14-641, 15-214, 215
Indecent Language................ .. .15-111
Injuring or Defacing Property. . . .15-143
on public streets..... . . . . . . . . . . . . .15-144
Intoxication, misdemeanor.. . .15-113
Inspector; Buildings. . . .. .. ....
. . . . 5-101, 202, 269 to 273, 602, 701, 802
electrical. .5-301, 905
license. .14-629, 716
plumbing. . . . . . . . 5-402, 501
bill boards....... .5-701
gas piping .. . . . 5-501
house moving .5-801
Intoxicated Persons. . .15-113
driving motor cars. . .29-126
driving taxi-cabs. . .14-619
Intoxicating Liquor. . .15-301 to 319
common nuisance .... . . . 15-306
club rooms where liquor is sold. 15-305
definition of.. 15-303
destruction of.. . . 15-309
giving away.. .15-304
sale or barter of. 15-301
search warrants . . . . 15-307
seizure of liquor. . . 15-308
possession of. . .15-312
transportation of . .15-313
receiving from others. 15-314
manufacture of. .15-318
in beer place. . .14-1010
Iowa Street.. .26-608
J
14-701, 712
Levees and Dikes.
Library Board.
creation of board; members
.13-101, 103
6-601, 605
. .6-601
...
-.
.
t.
GENERAL INDEX.
Library Board-Concluded
duties of board.
tax levy
treasurer of board
Library; Property Acquired.
cutting or mutilating books, etc., of.
failure to return books.
stealing books, etc., from.
Liquors (see Intoxicating Liquors).
License Bonds. ... .. .... .. .4-101
approval of.. 4-104
electric wiring . . . . . . . . .5-306
gas piping . . .5-504
plumbing . . .5-408
house moving. . . . . . . . . . . . . . . . . . . . .5-810
License Inspector.......... .14-629, 14-716
Licenses; in general. . . . . . .14-101 to 14-1104
agents; itinerant, sales on streets. 14-121
insurance . . . . . . . . . . . . .. .. .14-123
applications for. .... .14-148, 203, 303, 402, 603
amusement companies. . .14-201
astrologists . . . . . . . . . . . . . . . . . . . . . .14-165
assignments prohibited. .14-101, 149, 154, 207
auctioneers . . . . . . . . . . . . . . .14-105, 801
auction rooms.. .14-106, 801
auction sales . . . . . . . . . . .14-107, 801
auction stands. . . . .14-108, 151 to 1.55, 801
automobile junk dealers. . . . . . . . . . . . . .14-704, 712
beer . . . . . . . . . . . . . . . .14-1001
bill boards. . .. ...... ... .5-705, 710
bankrupt sales. .14-139
billiard halls and tables. . .14-401 to 411
bowling alleys.. .14-109
canvasse):'s . . . . 14-110
carnival and amusement companies 14-201, 209
cereal malt beverages. . . . . . . .. .. .14-1001
clothing . . . . . . . . . . . . . . . . . .14-164
circuses, menageries, etc. .14-201, 209
clairvoyants . .14-165
clerk to issue ......... . . .14-147
concerts . . . . . . . . . . . . .14-113
corn doctors. . . .14-114
creditors sales . . . . . . . . . . .14-139
dances 14-301 to 310
dentists, itinerant......... . . .14-116
doctors, etc., itinerant. . . .14-116
dog and pony shows. 14-112
dogs . . . . . . . . 1-109
drays . . . . . 14-501
drivers of taxi-cabs. . . . . . . . . . . .14-613 to 619
electric wiring .5-306
expiration of. . .14-149
express companies.. .14-117
express wagons. .14-501
fireworks. . . .14-901, 914
fire sales . . . . . . 14-139
fortune teIIers. 14-119, 165
free lectures 14-118
fruits, etc., hawkers and peddlers of.14-122, 172, 174
future delivery orders. .......... 14-130
gift enterprises . . .14-120
goods soliciting .14-121
gas filling and piping 15-504
hucksters, wholesale and retail 14-172, 176
hawkers and peddlers 14-122
hacks . . . . 14-501
ice cream cone vendors. . . .14-156
Ch.-Sec.
6-602
. .6-603
. . . . .6-602
. . .8-108
15-130
.15-129
. . . . 15-126
393
Licenses-Concluded Ch.-Sec.
insurance companies; agents.......... .. .14-123
itinerant; doctors, dentists, oculists, etc.. . . .14-116
peddlers ........................ . . .14-134
photographers ............ . . . . . . . . .14-136
vendors of patent medicines. . . . . . .14-124
junk dealers . . . . . . . . . . . . . . . . .14-701, 712
lightning rod agents...... . . . . .14-1125
lunch stands, street..................... .14-137
loud speakers.......................... .14-1201
menageries . . . . . . . . . .14-112
merchandise, hawkers and vendors of. . . . . .14-122
merry go rounds........... .... ...... ." .14-126
milk ..............................20-103, 103A
mind readers.......... . . . . . . . . . . . . . . .14-119
minstrels ... . . . . . . . . . . . . . . . . . .14-112
moving picture shows. .14-128, 129
museums ......... .14-127
music machines . . .14-1101
negro minstrels . . . .14-112
nickelodeons ........ . . . . . . . . . . . . . . . .1,4-128
oculists, itinerant..... . . . .14-116
opera houses . . . . . . . . . . . . . . .14-129
opticians, itinerant......... . . . .14-116
orders, future delivery. . . . . . .14-130
palmists .14-119
patent medicines; free lectures. . . .14-118
vendors of. . . . . . . . . .14-124
patent rights........... .14-131
parades, street . . . . .14-143
pawn brokers. . . . . . . . . . . . . . . . nn. . . . . .14-132
phrenologists . . . . . . . . .14-119
photographers, itinerant.... . .14-137
peddlers; fruit, merchandise, etc.. . . .14-122
clothing, etc.. . . . . . . . . .14-133
transient or itinerant. . .14-134
penny arcades . .14-135
plumbing . . . . . . . . . 5-405
pool halls and tables. .14-401 to 411
pop corn and peanut stands . . .14-137
public dances. . . . .3-204, 14-301 to 306
public vehicles . . . . . . . . . . . . . . . . .14-501 to 515
taxi-cabs. . . . . . . . . . .14-601 to 619
shooting gaIIery. . . . . . .14-168
sidewalks stands. ......... .14-137, 146, 158, 169
street stands . . .14-138, 146, 158, 169
street vendors . 14-144
summer theaters. ............. .14-145
taxi-cabs. . . . . . . .14-601, 619
taxi-cab drivers. . . . . . . . . .14-613, 619
tent shows . . .14-208
theaters . . . . . . . . . . . . .14-129
summer ........... . . . .14-145
tight rope performances. .14-112
trained animals . . . . . . . . . .14-112
vendors; ice cream cone. . . . . .14-156
itinerant. ........... .14-121, 134
patent medicines. . . . . . . . . . . .14-124
street. . . . . . . . . .14-144, 169
vegetables; hawkers and peddlers of. . .14-122, 174
violation of ordinance, penalty. . .14-150
wild west shows. . . . . . . . . . . . . . .14-112
Light and Gas (for franchise, etc.) see. 22-101 to 125
Lincoln Ave.; name of Pacific St. changed to .26-606
Lincoln Street, name changed. . . . . . . . . . 26-612
Litter and Trash (see trash).
Loud Speakers, license .14-1201
M
GENERAL INDEX.
394
Mad Dogs...........................
Manholes, breaking
Marymount Road....
Mayor (see City Officers):
call on citizens to assist police. . . . . . . .19-117, 118
offer reward; violation of ordinance. . . . . . .15-101
proclamation; danger from mad dogs. . . . . . .1-101
Magazines; immoral or obscene publications. .15-141
Medicines, distributing or throwing samples 15-137
Memorial Hall; property acquired. . . . . 8-107
trustees. . . . . . . . . . . . . . . . . . . . . . . . .6-501 to 6-504
Meters, electric. . . . . . . . . . . . . . . . .5-314, 5-324, 5-333
tampering with.......................... 22-601
Milk, Milk Products and Dairies:
adulterated milk, sale of........... 20-102
air space in barns.............. . .20-107-3R
apparatus, clearing and treatment. 20-107-12P
handling of ..................... .20-107 -13P
bactericidal treatment of containers and
apparatus ............... ...20-107-12P
bacteriological examination, infected
premises .............................20-116
Bangs disease..................... .20-106C
barns, air space. . . . . . . . . . . . . . . . . . . . . . .20-107-3R
floors .......................... .20-107-4R
grading and draining. . . . . . . . . . . . . .20-107-6R
lighting ....... ............ .20-107-2R
ventilation ............. . .20-107-3R
walls and ceilings. ... . . . . . . . . . .20-107-5R
bottling ......... .20-107-24R-18P
butter milk, ungraded. . .20-107
cafes, sale of milk. . . . .20-110, 120
notice posted.. ........ . . .20-120
capping . . . . . . . . . .20-107 -24R-20P
caps, storage of. . .20-107 -15P
ceilings, barns and rooms.. .. .20-107-5R-1P
certified milk.... . . . . . . .20-107
cleaning of apparatus and containers 20-107-12P
cleanliness of personnel. 20-107-22P
clothing of personnel. . . . . .20-107 -20R
contamination, protection from. .20-107-5P
containers, cleaning and treatment 20-107-12P
handling of 20-107 -14P
original, sale in required. . 20-110, 120
storage of... .. ...... . .20-107-13P
cooling .. 20-107-23R-17P
dipping milk 20-110
disease, inspection and testing for. 20-106A
Bangs disease.. 20-106C
Tuberculosis 20-106B, 20-107-1R
other diseases. . .20-107-1R
penalty .. . .20-106D
diseases, on farm or plant. . . .20-113
in residences where delivered. . 20-110
disposal of waste. . . . .20-107-11P
doors and windows 20-107-3P
draining, barns and yards . . .20-107-6R
enforcement .. 20-117
equipment, construction and repair 20-107-10P
examination of milk and products 20-106
fees 20-103, 103A
floors 20-107-4R-1P
Gh.-Sec. I Milk, Milk Products, Dairies-Continued Ch.-Sec.
future c..lail'ies and plants . . .20-115
grading of milk. . . . .20-107
of barns and yards . . .20-107-6R
supplemental . . . . . . . . . . . . .20-109
Grade A milk . . .20-107
Grade B milk. .20-107
Grade C milk . . . . .20-107
Grade D milk....... ... .20-107
Grade A pasteurized. .20-107
Grade B pasteurized . .20-107
Grade C pasteurized. . .20-107
hands, milkers.... . . . . . . . .. .20-107 -19R
hand washing facilities . . .20-107-8P
health of personnel. . . .20-107-25R-21P
hotels, sale of milk. . . .20-110, 120
notice posted. . . . . . . .20-120
infection, suspected on premises. .20-116
inspection department. . . . . . . . . . . . . . .20-1l9
inspection, of farms and plants. . .20-105
testing for disease. . . .20-106A
limits of, milk from beyond. . .20-111
inspector . . . . . . . . . . . . .20-119
interpretation of ordinance. 20-117
labeling and placarding. 20-104
lighting ........... ...... ...20-107-2R-4P
limits of inspection, milk from beyond. 20-111
manure, disposal of ... . .20-107-7R
medical examination, infected premises .20-116
milk, removal of. . . . . . . . . .20-107-22R
piping of . . . . . . . .20-107 -9P
milk house or room. 20-107 -8R
cleanliness of. . . .20-107-9R
milk stools..... 20-107-21R
milkers hands . .20-107-19R
milking . .20-107-17R
flanks .. .... . . .20-107-18R
misbranded milk, sale of. 20-102
overflow milk.. ........ 20-107-19P
parchment paper, storage of. . . .20-107-15P
pasteurization . . .20-107 -15P
pasteurized milk . . .20-107
penalty-diseases .... . .20-107D
general 20-118
permits, fees . . .20-103, 103A
revocation of permits. .20-103
personnel, health 20-107 -25R-21P
cleanliness 20-107 -22P
piping of milk . .20-107 -9P
guaranteed residence, delivery to. 20-110
regrading of milk. . . 20-109
removal of milk. .20-107-22R
repasteurization . . . 20-114
restaurants, sale of milk, notice posted 20-110, 120
revocation of permits 20-103
soda fountains, sale of milk. . .20-110, 120
notice posted . .20-120
spitting . . .20-112
standards and specifications . 20-108
stools 20-107-21R
storage of containers. 20-107-13P
of caps and parchment. 20-107-15P
supplemental grading 20-109
testing for disease 20-106A
Tuberculosis 20-106B, 107 -lR
toilets 20-107-10R-6P
teats, cleaning 20-107-17R
udders, cleaning. .20-107 -17R
. .1-101
. . . . .24-102
. . .26-609
....
.
.
GENERAL INDEX.
Milk, Milk Products, Dairies-Concluded Ch.-Sec.
ungraded milk, sale of 20-102
ungraded buttermilk.............. ......20-107
utensils .20-107 -12R
cleaning . . . . . . . . . . .20-107-13R
bactericidal treatment. . .20-107-14R
storage . .20-107-15R
handling . . . . . . . . .20-107-16R
vehicles . . . . . . . . . . . . . . .20-107 -26R-23P
name displayed on. . . .20-107-26R-23P
ventilation ........... . .20-107-3R-4P
Vitamin D milk. . . . . . . . .20-107
walls, barns and rooms............ 20-107-5K-2P
waste, disposal of.......... . . . . .20-107 -l1P
water supply . . . . . .20-107-11R-7P
windows ............. ....... .20-107-3P
yards, draining and grading. . . . . .20-107 -6R
Minors, congregating or loitering in pool halls 14-409
under 19, playing in pool halls. . . . . . . . . . . .14-406
loitering or playing in streets . .15-132
using cigarettes or tobacco.. . . . 15-135
furnishing cigarettes or tobacco to. .. ... 15-136
permitting minors to frequent premises to
use tobacco ... .......................15-136
Misdemeanors and offenses; in general. 15-101 to 174
animals; cruelty to. . . . . . . . . . . . . . . . .1-218, 15-103
carcasses, in or through streets. . . . . . . . .15-166
dead; placing in sewers, in streets .15-167,24-102
diseased; selling milk from ... .15-115, 20-102
picketing in streets, etc.. . . . . .1-201- to 1-203
running at large. . . . .. .1-204
trespassing; private grounds or sidewalks .1-211
alleys; placing earth, rubbish, etc. in. . . . . .15-165
amusements, permit from welfare board. 3-103, 104
amusement companies; violation of license
ordinance ....................... .... 14-205
amusement parks, violation of license ordi-
nance ...... ............. . . . . . . . .14-211
aiding or abetting an escape. . .15-175
ashes; storing ... . ...... .10-128
hauling over streets. . . . . . . . . . .26-211
assault and battery. . . . . . . .15-105
barns, lighting matches in. . . . . . . . .. .... .10-122
barriers protecting excavations, removal of. 26-207
bawdy house. ................. .15-201 to 207
BB guns prohibited; parent or guardian
permitting . 15-107, 109
betting .......... ................. .. .15-122
bill boards, erected without permit. . 5-727
bills on poles, tearing down. . . . . . . .. ... .15-135
bicycles, on sidewalks, etc. (see bicycles'
traffic rules)......... ............. '. .29-105
blank cartridge pistols prohibited. 15-106 15-117
boating on river ............. .' 15-153
bonfires; hours, districts. . .10-110 116
boiling pitch and tar. '" . . . . . .10-116
books; belonging to library, cutting, failing
to ret?rn, or stealing . .15-128, 130
boundarIes; removal of stakes or monu-
ments establishing. . . .15-159
burning trash, litter, etc.. . . .10-110, 116, 118
building code, violation of. .. .. . ....... 5-255
busses or stages; violation of license ordi-
nance... . . .. ..........14-701 to 719
busses; operating without license. . . . .. .. .14-717
stop before crossing railroad tracks ....14-712
operating after license revoked. . . .14-714
395
Misdemeanors and Offenses-Continued Ch.-Sec.
cabs, driver misinforming persons. . . . . . . . . 15-507
cars; hopping on. . . . . . . . . . . . . . . . . .15-145, 29-105
carcasses of animals, hauling through
streets ........... . . . . . . . . . . . . . . . . . . . .15-166
cattle; picketing, running at large.... .1-201,204
slaughter of, May 1st to November 1st. . .1-211
cellars, lighting matches in.. . . . . . . . . . . . . .10-122
cess pools; prohibited..... . . . . . . . . .5-465, 20-214
c?nnecting wit? sewer. . . . . . . . . . . . .24-102, 15-465
clgarett.es or cigarette papers; furnishing
to mmors . . . ... . . . . . . . .15-136
. minors smoking or using. . . . . . . . . .15-135
Cisterns, connected with sewers... . . . . . . . .24-102
combustible material; failure to remove
. . . . . . . . . . . .,. . . . . . .10-101, 102, 103
stacking or e~p~~i'~g. . . . . . . . . . . . . . . . . .10-111
concealed weapons, carrying .. . . .15-173
cruelty to animals..... ...... .. .15-103, 1-218
cut out open, driving with. . . . .29-1,117
dances; without permit (see dances)...... .3-211
on Sundays, prohibited... .... .14-309
dead animals; carcasses through streets.. .15-166
depositing in streets. . . . . . . . . . .15-167
placing in sewers........... .24-102
decayed food, selling.. ...... ........ .15-115
defacing or injuring property. .15-143, 145
on public streets............ .15-145
diluted milk............. . .15-115, 20-102
dirt; hauling over streets. . . . . . . .. .......26-218
diseased animals; selling milk from 15-115, 20-102
driving through streets........ . . .15-166
diseases; infectious, spreading. . .. ........20-203
failure to post signs............ .20-204
venereal, violation of restrictions 20-301, 319
disorderly assembly .15-150
disorderly conduct.............. .15-111, 14-1014
at dances. . . . . . . . . . . . . . . . .3-206
at fires. . . . . . . . . . . . . . . . . . . . . . . . . . . 9-114
in pool and billiard halls. . . . . . . . . . . . . . .14-407
disturbing the peace " .15-112
dogs; at large after mayor's proclamation 1-102
harboring vicious... .. ......... . .1-104
entering buildings, stores, theaters, etc... 1-110
down spouts, direct into alley or street. .5-901, 902
driving over fire hose ... . . .15-119
driving while intoxicated................. 29-126
drivers of public vehicles (see general in-
dex, drivers).
driving while intoxicated... ... .14-619, 29-126
misinforming persons................. .14-507
soliciting at depots. . . .15-176
drugs; narcotic, possession and sale of
prohibited. . . . . . . . . .15-401 to 405
drunkenness ............... 15-113
earth, rubbish, etc., in streets and alleys. . . 15-165
hauling over streets. . . . . . . . . . . . . . . . . . .26-218
electric current; taking by means of unlaw-
ful device............................. 22-602
electric wires, tampering with. . .' .... ..22-601
encroaching on streets or sidewalks. ... .15-156
entering theaters, etc., unlawfully. . . . . .15-126
escaping from officers. . . . . . . . . . .15-174
aiding or abetting in escape .... . . .15-175
explosives. . . . .10-127, 134, 29-1,121
exposure of person. .. .15-111
false fire alarms. . . .10-123
feeding hogs in city. ............. 15-104
396
GENERAL INDEX.
Misdemeanors and Offenses~Continued Ch.-Sec
fire alarm system; breaking or cutting. 10-124
placing wires within ten inches of. . . .10-125
fire arms, discharging in city..... ......15-116
fire chief; persons refusing to obey. . . .9-114, 115
fire crackers and fire works prohibited in
portion of city. . . .15-127, 14-901
fire department; refusing to aid. . . .. .....9-113
right of way in streets. . . . . . . . . .10-114, 29-152
taking property of...................... 9-112
fire hose, driving over.................. .15-119
fire hydrants, obstructing. . . . . . . . . . . . . .10-115
firemen; obstructing or hindering. . . . . .9-106, 114
refusing to do duty..................... 9-111
fires; disorderly conduct at. . . . . . . . . . . . . . . .9-114
fireworks ...............................14-901
flush tanks, breaking. . . . . . . . . . . . . .24-302
food; selling decayed or unwholesome. . . . . .15-114
selling diluted milk or milk from diseased
animals. . . . . . . . . . . . . . .15-115, 102, 20-102
fruit; stealing...................... .15-161
gambling and gaming. . . . . .14-1013, 15-120 to 125
house; letting premises for. . . . . . .15-120
keeping or lQ.aintaining house. . . . . 15-121
police authorized to enter. . . .15-121
reputation as evidence. . . . . . . . . . . . . . . . . .15-121
gambling devices in connection with carni-
vals ................................. .14-202
games of chance. . . . . . . . . . . . . . . . . . . . . . . . .15-122
garbage; placing in sewers........... .24-102
disposal, violation. . . . . . . . . . .28-105
gas; taking by unlawful device. . . . .22-602
gas pipes, tampering with. .22-601
gasoline; sale in streets, prohibited. ... .10-210
curb filling stations, prohibited.. .10-212, 213
tanks, construction of, violation. . . .10-201
glass in streets.. . .15-168, 29-196
goats, running at large. 1-204
grades; stakes establishing, destruction of. .15-154
guns; BB prohibited. . .15-107
blank cartridge. . . .15-106, 117
parents permitting. . . .15-109
discharging in city 15-116
carrying concealed. . . . . . .15-173
gun powder; storing. 10-127, 134, 29-1,121
gutters; connected with sewers. . 24-102
hauling stone, coal, rubbish, etc., over
streets 26-207
hay; stacking in certain districts. .. .10-120, 127
hedge fences along streets and alleys. . .26-214
hogs; running at large. . 1-204
feeding in city. . . . .15-104
hopping railroad cars . .15-146
horses; picketing in streets, running at
large. . . . . . . 1-201 to 204
hitching to trees............ . .15-171
hose, driving over. . 15-119
house; gambling. . 15-123, 124
of ill fame; prostitution. 15-201 to 207
hydrants, fire; parking by .29-170
injuring 15-145
opening of, meddling with. . 15-145
obstructing . . . . . . . . . . . . . . .10-115
ice, removal from sidewalks. 15-157
immoral conduct. . . . .15-201 to 216
publications devoted to. .15-141
Misdemeanors and Offenses-Continued Ch.-Sec
immoral purposes; using taxi-cab for.
. . . . . . . . . 14-611, 15-214, 215
occupying room for. .15-212
infectious diseases; spreading.. . . . . . . . .20-203
failing to post signs. . . . . . . . . . . . . .20-204
indecent exposure.... . . . . . . .15-111
indecent language. . . . . . . . . . . . .15-111
indecent literature. . . . . . . . . . . . . .15-141
injuring trees. . . . . . . . . .. .......... .15-171
injuring or defacing property.. . .15-143, 145
on public streets. .15-144
interfering with railroad property ...... .15-146
intoxication 14-1014, 15-113
intoxicating liquor (see index under intoxi-
cating liquors) . . .15-301 to 319
junk dealers; operating without license. . . .14-702
violation of ordinance relating to. .14-701 to 711
junk; sale of within 48 hours from pur-
chase ................................ .14-711
library; cutting or mutilating books, etc.. .15-128
failing to return books.. . . . . . . . . . .15-129
stealing books from. . . . . . . . . .15-128
licenses (see general index under licenses).
license plates; changing....... . .14-511
failure to display. ............ .14-510, 29-109
liquors (see general index under intoxi-
cating liquors).
loitering; in post office.................. .15-140
in public places; vagrancy. . . . . . . .15-172
manholes, breaking. . . . . . . . . .. ... . . . . . .24-102
matches, lighting in barns, cellars, etc.. . . .10-122
magazines, indecent or scandalous matter. .15-141
mayor offer reward for conviction. ......15-101
medicines, throwing or distributing samples.15-137
meters, tampering with. . . . . . . . .22-601
milk (see index of milk and dairy products).
minors; playing or loitering in pool halls. .14-406
loitering or playing on streets. . . .15-132, 133
furnishing cigarettes or tobacco to. . .15-136
using cigarettes or tobacco. . . . .15-135
money, stealing under $20.00 . . . . . . . . . . .15-160
monuments, establishing grades or bound-
aries of, removal of. . . .. ..... .15-159
mules, picketing on streets, running at
large, etc.. . . . . .1-201 to 204
newspapers, publishing indecent or scan-
dalous matters. ..... . . . . . . . . .15-141
narcotic drugs; possession and sale pro-
hibited . . . . . .15-401, 404
occupying room for immoral purpose. .15-213
obscene language..... 15-111, 14-407
obscene literature.. ... . .15-141
offal; hauling through streets. . . .15-166
placing in sewers. .24-102
officer; resisting. . .15-149
escaping from. . .15-174
oil and grease in sewers. . . .15-154
parking (see traffic).
patent medicines; distributing or throwing
.samples . . .15-137
pavements; driving rod or stake through 26-109
removing protecting barriers .26-115, 116, 207
using while under construction. . . .26-208
penalties, when no other prescribed. .15-102
pimps . . . . . .15-209, 211
pipes; water or gas, tampering with. . . .22-601
.4-
..
..
GENERAL INDEX.
Misdemeanors and Offenses-Continued
pistols; blank cartridge.
discharging in city.
pitch, boiling prohibited
plumbing code, violation of
poles; posting bills on
signs on, or attached to.
police; citizens refusing to assist.
pool halls (see pool and billiard halls).
posters and hand bills; on poles, tearing
down . . . . . . . . . . . 15-138, 139
post office; loitering in, profane language
in . . . . . .15-140
prisoners; escaping from officers....... 15-174
processions; vehicles passing through 29-105, 191
procurer or procuress. . . . . . . . . .15-209, 211
profane language. 15-111, 14-407
property; injuring or defacing. 15-143, 145
stealing under $20.00 . . .15-160
prostitution (see immoral conduct) . .15-201 to 215
public dances (see dances) . 3-103, 3-202
publications; immoral or obscene matter 15-141
public vehicles (see public vehicles; drivers
of) . . . . . . . . . . . . .14-511 to 520
railroad cars; hopping on . . .15-146
obstructing street..................... .15-147
railroad crossings; busses and stages stop
. . . . . . . . . . . . . . . . . . . . . . . 29-160, 161
cars obstructing streets. . . . . . . . . .29-163, 15-147
vehicles obey stop signals. .15-148
receiving stolen property. .15-162
resisting officer........ . . . . . . . . .15-149
reward, mayor may offer. . . . . . .15-101
rioting, participating in . . .15-150
river, boating on. . . . . . . . . . . 15-153
salt water on pavements 15-151
sewers; connecting with cesspools, gutters,
etc. ..... . . . . 24-102
breaking or obstructing. 24-102
construction of, violation of ordinance. . .25-106
oil and grease in. 15-154
sidewalks; driving over 15-158
obstructing . .15-156
removal of snow and ice from 15-157
sweeping into or upon. 15-164, 28-101, 110
signs; violation of ordinance relating to. 5-612
on trees or poles in street. .5-606
slot machines. 15-123
smoke. . . .. ................. .16-109 to 115
snow; removal from sidewalks. . . .15-157
speed limits; vehicles (see traffic code).
stakes establishing grades, etc.; removal of 15-159
stealing; books, etc., from library. . . . . . .15-128
fruit ................ . .15-161
money or property under $20.00. 15-160
stolen property; receiving. 15-162
stove pipes. . . . . . 15-110
streets (see general index under streets).
Sundays; playing pool or billiards on . . 14-405
public dances on 14-309
sales of merchandise on 15-170
tar, boiling prohibited 10-116
taxi-cab (see general index under taxi-cabs).
theaters; hose, fire extinguishers, stand
pipes . . . .10-111, 5-233
theaters, entering unlawfully............ .15-126
Ch.-Sec.
15-106, 117
. . .15-116
. .10-107
. . . . . 15-491
. . . .15-138
5-606
. .19-117
397
Misdemeanors and Offenses-Continued Ch.-Sec.
traffic rules (see general index-traffic rules).
tractor engines, threshing machines, etc.,
on streets . . .26-219
trash; disposal of. 10-110, 28-101 to 107
placing in streets. 10-110, 15-164, 165
trees; signs on or attached to. . . .5-606
injuring, hitching horses to, etc.. . . .15-171
unwholesome food; selling . . . . . . . . . .15-114
vehicles (see general index under traffic rules).
vagrancy . . . . . . . . . . . . . . . . . . . . . . . . . . . .15-172
venereal diseases, violation of ordinance
. . . . . . . . . . . . . . . . . . . . . . 20-301 to 319
waste and offensive matter; disposal of
. .28-101 to 107
wires in streets. . . . . . .5-904
wires (see electrical code).
of public utilities, tampering with 22-601
weapons, carrying concealed. ........... .15-173
water meters or pipes; tampering with.. . .22-602
water; taking by unlawful device 22-602
wooden culverts and runways in streets 26-223
Morrisons 3rd Addition, block 1 and parts
of blocks 2, 3 and 4 replatted ............ .18-103
Motor Vehicles (see vehicles; traffic).
Monuments establishing grades or boundaries,
removal of................. ........... .15-159
Municipal Band. . . . . . . .. . . . . . " . . . . .2-101 to 104
Music machines, license. . . . .14-1101
N
Narcotic Drugs; possession and sale. 15-401, 405
Nuisances, abatement and removal of
. . . . . . . . . . . . . . .16-101, 104, 107, 20-208
animals, running at large . . . .16-105
barbed wire fences . . . .16-106
buildings, unsafe or unsanitary. . . .5-271
cattle, keeping in city. . . . .. . . . . . . . . . .1-216
dead animals, filth, etc., in streets . .15-167
garbage, litter, etc. ......... . .28-106
rank grass, weeds, etc.. . . . . . . . . . .16-103
standing and stagnant water . .16-103
signs contrary to ordinance. 5-610
smoke. . .16-108 to 115
trash, etc.. . . . . . . . . . . . . . . . . .28-106, 115
trees, dead limbs, etc.. . 35-105
Numbering of houses . .26-501
o
Oakdale Park, in City Limits. . . . . . . . . . . . .7-268
entering without permit, during entertain-
ment . . . . . . . . . . . . . . . . . .15-177
lease agreement covering use by city .17-301 to 318
Offal; placing in sewers . . .24-102
hauling through streets......... 15-106
oil :md grease in sewers. .15-154
Officer; resisting. . . . . . . . . . . .15-149
escaping from . .15-166
Oil Tanks; construction of . . . . .10-201 to 210
Olive Street, name changed. . . . . .26-612
Original Townsite . . . . .7-201
additions to (see city limits). . . . . . . . . .7-202
P
Ch.-Sec.
GENERAL INDEX.
398
Pacific Street; name changed to Lincoln Ave. 26-706
Packing material; how stored. . .10-120
Parades, licenses.. . . . . . . . . . . . . . . . .14-143
Peddlers and Hawkers (see licenses).
Parents 01' Guardians; permitting BB guns. .15-109
permitting minors to loiter or play, streets .15-133
Parking Cars on streets. . . . . . . . . . . . . . .29-107
all night, prohibited .............. .29-221
Parkings; vehicles not to cross. .29-105
Parks; City Fark.. .. .17-501
Kenwood Park. .... ....... .17-101 to 107
Highland Court (Sunset).. .17-401
Oakdale Park. . . . . . . . . . . . . . . .17-301 to 318
Riverside Park. . .17-201 to 204
Thomas Park. ............. ..17-601
Pasteurized Milk (see index milk and dairy products)
Patent Medicines; free lectures, licenses. . .14-118
vendors of, licenses. . . . . .14-124
distributing or throwing samples. . . .15-133
Pawn Brokers, license. . . . . . . . . . .14-137
Paving; barriers, protecting. . . . . . . .26-112, 113, 207
excavations in (see general index under
excavations. . . . . . . . . . . . .26-101 to 117
excavations in streets to precede. . . . . . .26-111
not broken for one year after laid . .26-111
rod or stake driven through, prohibited. . . .26-109
using while protected by barrier. . .26-208
service pipes laid prior to. . . . . .26-301
Permits; amusements. ......... . . , .3-103
area ways and stairways in streets. . . .26-210
bill boards. . . . . . . . ,5-705
buildings. . . . . .5-201, 217, 219, 273
cesspools . . . . . .5-465
dances, dance halls. . . .3-103, 104, 204, 207
electric wiring. .5-307, 307 A
excavations . .26-102
gas piping. . .5-502
house moving. .5-801
parades, processions. ........ . . . .29-189
plumbing . , . . 5-406
removal of paving . .5-407, 26-101
septic tanks. . . .5-465
sidewalks, obstruction of in building. 5-245
signs 5-601
streets, obstruction of in building 5-245
theaters, theatrical entertainments, etc.. 3-103
Pest House.. . . , . . . . . . 20-205
Pistols; blank cartridges, misdemeanor. .15-106, 117
carrying concealed. 15-173
discharging in city .15-116
Planning Commission . , . .. 6-401 to 409
Plats and Additions (see City Planning Com-
mission): approval by planning commission
and board of commissioners. .6-405, 406
blocks replatted and lot frontages changed
. .18-101 to 103
5-472 to 479
. 5-476
5-474
5-479
5-472
5-475
...5-475
.5-473
...5-475
Plumbers Examing Board
arbitration by board
board of examiners.
board of health
certificate required. .
certifica te issued
certificate; reviewed yearly
examination by board
examination, scope
Plumbers Examining Board-Continued Ch,-Sec.
fCH ,. . ..5-475
plul1Iuers certificate required. . . . .5-472
relIes and regulations . . . ,5-477
Plumbing Code:. . .5-401 to 495
air conditioners, waste from. . . .. 5-445
application for permit. .. 5-406
bond and license. . . . . 5-408
brass pipe...,.. .. .5-416, 417
brass pipe to cast iron . .5-417
bolts-expansion, toggle. . . . . .5-421
back water valves. . . . .5-443
blowoffs . .5-432
bond .... ..... , . . . 5-408
bowls-water closet . . .5-449
bath tub-traps.. . . . . . .5-458
cast iron pipe-joints. . . . .5-410, 411
cesspools . . . . . . 5-465
change in direction. 5-425, 426
cleanouts and traps... . . . . . . . . . .5-422
cleanouts-size .5-423
closet-frost proof............... 5-450
closet-flanges .5-451
closet-flush pipe... . .5-460
closet-lead connection. 5-451
closet-material of. .... . .5-448, 449
coating-pipe and fittings. 5-411
conductors, connection with prohibited. . 5-433
connections. . . . . . . .5-408, 409
connections with conductors prohibited. 5-433
covering work. .. .... ... . .5-461
curb-drain . . . . . . . . . .5-430
defective plumbing. . .5-405
defective work...... 5-463
definition . . . . 5-401
direction-change of. 5-425
drainage-excavation 5-427
drip pipe connection . . .5-432
drain traps-for bath tubs 5-458
drain-to curb. . . 5-430
earthenware pipe. 5-410
earthenware yard drain. . . . . .5-431
expansion bolts. . . 5-421
excavation-drainage .5-427
exhaust-blowoff .'5-432
fees 5-403
fittings-prohibited, in waste line. . 5-426
fixture-grounds 5-452
floor drains . 5-422
flanges-closet . .5-451
frost proof closets..... 5-450
galvanized iron to C. 1. pipe 5-417
garage-waste 5-447
grade-horizontal pipes. 5-424
horizontal pipe-grade 5-424
house-sewer 5-431
inspection . . .5-402, 404
inspection-special permits 5-466
iron pipe-galvanized 5-416
iron pipe-to lead. . 5-419
joints-water tight. . . . 5.410
joints. . 5-415, 418
joints-prohibited 5-420
kitchen sink-waste.. 5-446
latrines, prohibited 5-449
lead pipe-weight. .5-413
lead-sheet 5-414
lead pipe joints . .5-418
.t.
.
..
GENERAL INDEX.
Plumbing Code-Continued Ch.-Sec.
lead to iron pipe. .,. . 5-419
lead connections-closet. . . , . . . ,5-451
level of trap. .. 5-422
license and bond, 5-408
main vent.. . . . .5-448
material-closet bowls, urinals . . . . . . .5-455
old house sewer. 5-429
overflow-connection 5-431
paving-permit for removing. . . .5-407
penalty 5-491
permit 5-406
pits-sump in basement, .5-447
pipe-cast iron, steel, . . , . .5-411, 412
pipe-sewer 5-410
pipe-Iead.-weight . . ,5-413
pipe-cast iron joints 5-415
pipe-gal vanized, joints . . . . .5-416
pipe-brass, joints, . . , . . .5-416
pipe-horizontal grade .5-424
pipe-soil and waste , . . .5-434
prohibited-joints 5-420
prohibited-fittings 5-426
prior-plumbing . . . . . .5-467
removal of paving, sidewalk . .5-407
revent pipe-stack. 5-436
refrigerator waste. . . . . . . . . . . .5-444
repairs .. . . . . . . . 5-464
septic tank 5-465
sewer pipe........... 5-431
sewer-old house.. .... . . . . . . . . . . 5-429
sewer-house 5-431
sheet lead. . . . . . . . . 5-414
soil pipe-waste and vent. . . . . . . . .5-434, 435
special permit. 5-466
stack support..... ... ... ' 5-428
stack-revent . . .5-436
supply-to fixtures. 5-459
supply-to water closet. . . . . . .5-460
sump pits in basement 5-442
terminal-vent . . . . . 5-437
terminals, adjoining high buildings. 5-438
toggle bolts 5-421
traps and cleanouts. . .5-422
traps-seals visible. .,5-456
underground drains 5-429, 431
urinals .5-451
urinals-materials and supply 5-448, 449, 45:~
urinals-groups .5-454, 455
urinal-supply 5-460
ventilator-prohibited . . . . . . . . .5-462
vent pipe-soil. . . . . . . . . .5-434, 435
vent-length from trap. . .5-439
vent-main . . . . . . . . . . . 5-440
vent-grade and connections. 5-441
vent-traps .5-440
ventilators 5-462
visible trap seal. . .5-456
water tight joints . . . .5-410
water seal 5-422
waste pipe-soil-size. . .5-434, 435
waste-from air conditioners and water
softeners
waste--refrigerator
waste-kitchen sink
waste-garage and stable
water closet-material.
5-445
5-444
5-446
. .. . 5-4471
5-448, 449
399
Plumbing Code-Continued Ch.-Sec.
water supply-fixtures. 5-459, 460
water service-from main. . .5-409
water softeners, waste from. . . . .5-445
weight-of lead pipe. . . .5-413
Plumbing Inspector (see plumbing code). " .. .5-501
Pool and Billiard Halls; licenses...., 14-401 to 411
application for license.................. .14-402
playing on Sunday...................... .14-405
minors under 19, playing prohibited. .14-406
minors not to loiter or congregate in ..,. .14-406
profane language, disorderly conduct in. . .14--407
Poor; Welfare Board to investigate. . . . . .3-105
Public Dances (see dances) . 3-201 to 212
Poles; Posting Bills on..... . ..... ..... .15-138
signs on or attached to. . .5-606
of electric light company. . . . . . . . . .22-108
painting of required. ..... , . . . . .22-606
prohibited in certain districts, . . . .22-608
removal of in certain districts . . . .22-611, 612
Police (see Police Department; City Officers.
Police Court; Fines, Default in Payment of .19-201
collection of, levy on property. . . . . . . . . . . . .19-202
prisoners work out fines. . . . . . . .19-203
confined, meals, refusal to work. . .19-204 to 206
witnesses, fees. . . . . . . .19-207
Police Department (see Chief of Police; City
Officers) . . . . . . . . . . . . . . . . .19-101, 118
duties of chief. . . . . . . . . . . . . . . . . . . . . . .19-102, 103
enforce ordinances....................... 19-105
desk sergeant. . . . . . . . . . . . . . . . . . .19-110
authority to enter houses. . . . .15-121, 207, 19-106
duties of policemen . . . . . . .19-108
call on citizens for assistance. . .19-117
personnel . . . . . . . . .19-110
refusal to assist police. . . . , . . 19-118
salaries of police, . . . , . . . . . . .. 6-304, 19-111
weal' badges. . . . . . . . . . . . . . . . . .19-109
Police Vehicles, right of way, streets 29-101, 131, 152
Pool Halls. . . . . . . . . . . . . . .14-401 to 414
Post Office; lounging or loitering in, profane
language ................ . . . .15-140
Prescotts Addition, in City Limits. . . . . . .7-275
Prisoners, aiding in escape of, .15-175
escape from officer. . . . . . . . . . . .15-174
confinement of. 19-204
meals .....,...... , 19-205
refusal to work, penalty. . . . . . . . .19-206
work out fines. . . . . . . . . . . . . . . . . . .19-203
Processions . . . . . . . . . . . . .. . .29-189, 190
vehicles or persons not to pass through. . .29-191
Public Health; general regulations. . . .20-201 to 218
cesspools, prohibited. . .20-214
cleanse premises and abate nuisances 20-208
connection with sewers required, . . .20-216
infectious diseases, spreading. . .20-203
milk (see milk and dairy products).
pest house . .. ......,..... 20-205
posting signs of infectious diseases. . . . .20-204
sanitary and health officer, references to
committees
small pox, spreading.....
stagnant water, disposal of. . . , . . . , . . .
vaccination provided by city.
venereal diseases (see index under
diseases) .
.20-202
20-203
. .20-211
. .20-206
venereal
Ch.-Sec.
GENERAL INDEX.
400
Public Utilities:
bus franchise. . . . . . . .. 22-401 to 416
electric light power & gas franchise 22-101 to 125
assignment to Salina Light Power & Gas
. Co................. .22-123, 304
extension of main and lines 22-118
extension of franchise term. . .22-103
excavations in streets, repairs . . .22-107
lighting streets. . .. ........... ..22-301, 304
location of street lights ........ .22-301
meters, inspection. 22-116
maintain works . . . . . . . . . . . .22-106
police protection . ... ..... .. . . .. .22-117
rates commercial lighting. . . . .22-111
residence lighting. . . . . . . . . . . .22-110
secondary power. . . . . . . . . . . . . . . .22-112
changed by city.. ................22-114, 115
term of franchise. . . . . . . . . . . . . . . . . . . .. 22-102
use of streets...... .. .22-106
wires and poles. . . . . . . . . . . . . . . . .22-108, 109
natural gas, franchise. . . . . . . . . . . . . .22-201 to 218
miscellaneous regulations:
employees may inspect meters, etc.. 22-604
painting of poles required . . . . . . .22-606
poles; in certain districts prohibited . .22-608
in certain districts removed. . .26-611
tampering with meters, wires, pipes, etc.. 22-601
underground wires required. . 22-609
unlawful devices. . . . . . . . . . . . .22-602, 603
trees, light and telephone companies may
trim ........ . . . . .22-613
miscellaneous franchises and grants:
to W. E. Whittaker for poles and wires 22-501
to Shellabarger Mill and Elevator Co. for
poles and wires. . . . . . . .. .22-504, 506
to John L. Bishop, drain or water pipe
... ... .....22-507,510
to Swift & Co., loading dock 22-511
to Firestone Tire & Rubber Co., gasoline
pipe line. 22-512 to 518
Public Vehicles (see also Drivers of Public Vehicles):
drivers names posted; in taxi-cabs . . .14-617
licenses for, in general. . . .14-501, 522
taxi-cabs . . .14-601 to 629
license plates; furnished by city clerk 14-509
display of, required 14-510, 29-109
changing; licenses forfeited 14-511
rates for licenses.. 14-504
taxi-cabs, general regulations. .. .14-601 to 649
Public Welfare (see Board of Public Welfare)
. . . . . . . . . . . . . . .3-101 to 211
Q
Quincy Street.
. .26-212
R
Radio interference.. 5-334
Railroad Avenue, name changed .26-213
Railroad cars, hopping on, misdemeanor 15-145
obstructing streets 15-146
Railroad crossings; vehicles obey stop signals .15-147
construction and maintenance of, at street I
intersections ... ... .. ...26-401 to 405
vehicles required to stop a"t. ..... .29-160, 161
Ch.-Sec.
Railroad property, interfering with. 15-146
Railroad Rights of Way:
A. T. & S. F. Railway ..... 23-201, 1009, 701
C. K. & N. Railway Company (Rock Island) .23-101
C. K. & W. Railroad Company (Santa Fe). .23-201
C. R. 1. & P. 23-301,101,1003,1004, 1006, 1009, 1010
Kans. & Colo. Railroad Co. (Mo. Pac.) 23-401
Kans. & Colo. Pac. Ry. Co. (Mo. Pac.) .. ..23-501
Mo. Pac. R. R. Co. . . . . . .
3-601, 23-401, 501, 1002, 1004, 1005, 1009, 1010
Salina Northern Ry. Co. (Santa Fe) 23-701
Salina & Southwestern Ry. Co. (U. P.). .. .23-801
Union Pacific Ry. Co. 23-901, 801, 1009
Railroads; contracts with city and ordinances
relating to Union Station. . .23-1001 to 1010
Reward; mayor may offer. . . . . . .15-101
Rioting; participating in. . . . . .15-150
Riverside Park, acquired by city. . . . . . .17-201 to 204
Rush Street.. . . . . . . . . . . . . . . . . .26-607
S
Salina Light Power & Gas Franchise. .22-101 to 125
SanitaTY and Health Officer; office created. .6-611
office combined with city engineer. . . .6-221
duties; report and abate nuisances. .16-104, 20-208
make inspections. . . . . . . . . .20-207
Teferences to committee on public health;
deemed to refer to. . .20-202
Salaries (see city officers). . . . 6-301 to 310
Sanitary conditions, in buildings (see public
health) . .5-271
Search Warrant Issued. . . . 15-307
Seitz Street; name changed from Tenth St. .26-604
Service Pipes; laid in streets prior to paving
. . . . . . . .. .26-301, 304
Sewers; (see plumbing code).
connections with cisterns, cesspools, gutters,
etc., prohibited. . . .24-102
damaging . . . 24-102
flush tanks, breaking 24-102
obstructing . .24-102
oil and grease in . . . ... . .15-154
placing dead animals, garbage, filth or
offal in.. . . .24-102
right of city to connect with private drain 24-101
Sewers; Special Permits:
Union Pacific, across certain streets. ...24-201
sewer under right of way at Elm. 24-406
W. Reimold, sewer in 11th Street. 24-206, 208
Sewer Service Pipes; laid prior to paving
. . . .. ... .26-301 to 304
Shellabarger Mill & Elevator Co., electric line. 22-504
Short Street, name changed. .26-617
Sidewalks; animals trespassing on. 1-211
barriers protecting; removal of. 26-207
bond . . . . . . 25-105, 108
city engineer prepare plans, specifications. 25-101
city may construct and assess costs . .25-102
constructed when ordered. . . .25-101
constructed according to plans of city engi-
neer . .25-106, 107
destruction of . .15-158
encroaching on. . . .15-156
excavating for plumbing 5-407
inspection . .25-109
.''''
~
.
.
GENERAL INDEX.
Sidewalks; Animals Trespassing-Concl. Ch.-Sec.
method of construction. . . .25-107
occupation of; while building. . . .5-245, 247
obstructing . .15-156
protection of; while building 5-245, 247
removal of snow and ice from.. ........ .15-157
riding or driving over.. ..... . . .15-158
vehicles not to cross. 29-105
width, Ash Street, 7th to 9th. . . .25-112
Signs; application for permit. . .5-602
attached to awnings or marquees. 5-233
construction . . . . . . . . . . . .5-603
~s ................. .~~
flat against building. .5-605
height above street. . . .5-604
hinged brackets. 5-607
inspection and approval. . . . 5-608, 609
metal or noncombustible material required. .5-603
nuisances, abatement... . . ....... .. .... .5-610
permits required.......................... 5-601
poles in streets or park way, signs on . .5-606
projecting signs.... 5-604
removal of signs. .. ......................5-609
swinging on poles, prohibited. .5-606
supported by rods, when permitted. . . .5-611
trees, signs attached to; prohibited . . . .5-606
unsafe signs removed ...... . . . . . . .5-609, 610
violation of ordinance, penalty. 5-612
Smoke, regulation . .16-108, 116
Snow and ice, removal from sidewalks. .15-157
Soliciting by prostitutes. .15-208
South Park Addition, names of streets in,
changed . . .26-701
Stealing; books, etc., from library. .15-128
fruit . . . . . . . .15-161
money or property under $20.00. . . .15-160
Stolen property, receiving. . . .15-162
Stove Pipe, through sides or roof of building,
prohibited ........ .. . .15-110
Street lighting. . . . . . . . . . .22-301
Street Numbering .26-501
Streets:
areaways in .26-210
barriers protecting side walks or paving;
removal of . . . . . . .. 26-112, 113, 26-207
carcasses of animals; diseased animals;
hauling through. . . .15-166
cutting curb; for drive ways. . . . . . .26-201, 204
permit required. . . . . . . . .26-201
specifications of city engineer 26-202
downspouts into; direct drain, prohibited 5-901,902
dead animals, depositing in . . . . . .15-166
derricks in . . . . . . . . . . . . . . . . . .. ... 5-248
encroaching on . . . . . .15-156
excavations in; in general. 26-101 to 117
applications for permit. . . . . 26-102
by electric light and gas company. . .22-107, 202
barriers for protecting public. . . . . . .26-112, 113
bracing to prevent caving in. . . . .26-112
deposits required . .26-104
kept by city clerk, returned . . .26-107
directions of city engineer to be followed 26-112
for plumbing. . . . . . . . . . . .5-407
paving; not broken for one year after
laid . . .26-111
permits; required . .26-101
granting; conditions.. . . . . . . . . . . . . .26-103
401
Streets-Concluded Ch.-Sec.
precede paving. . . . . . . . . . .26-111
refilling . . . . . . .. ........ . . .26-104
signals to protect public, removal of. . . . .26-113
streets kept open during excavation. ...26-112
filth, offal, etc., depositing in or hauling
through. . . . . . . . . . . . . . . . . . . .15-164, 165
guy wires over. . . . . . . . . . . . . . . . . . . . . . .5-248
hedge fences along. . . . . . . . . . . . . . . . . . . . . . .26-214
hauling stone, coal, dirt, rubbish, etc., over. 26-218
house moving on or along. . . . . . . . . . . . .5-801, 811
house moving on certain, prohibited. .5-804
names of, changed...................... .26-601
numbering of houses. . . . . . . . . . . . . . . . . . . . .26-501
occupation of, while building. . . . . . . .5-245
obstructing . . . . . .15-156
obstructing with railroad cars. ...29-162, 15-147
paving; not broken for one year for excava-
tions .................................26-111
rod or stake driven through, prohibited. .26-109
excavations to precede. ........ .... .26-111
permit to obstruct....... . . . . . . . . . .5-245
railroad crossings, construction and main-
tenance of....... . . .. .. . . . . . . .26-401
service pipes in, laid prior to paving. . . . . .26-301
stairways in. . . . . . . . . . . . . . . . . . . . .26-210
sweeping into. . . . . . . . . . . . . . . .15-164, 28-108, 110
tractors and threshing machines over, pro-
hibited ..................... . . . .26-219
trash, waste, garbage, etc.; sweeping into
or depositing. ..... .15-164, 165, 28-101 to 108
using while protected by barriers. . . . .26-208
vehicles for hire, standing in. . . . . . . . . . . . .26-221
wooden culverts, and runways in. . . .26-223
Streets Opened and Vacated (see alphabetical
arrangement in Chapter 27) . . . . . . . .27-101 to 250
Sunday; billiard and pool halls closed. .... 14-405
public dances on, nuisances.. . . . . . . 14-309
sale of merchandise, etc., on. . . . . . . . . . . . . .15-170
Sunnyside Addition, blocks 2 and 3, replatted
frontage of lots changed................. .18-101
Sweepings; depositing in streets.... . . . . . . . .15-164
disposal of, in streets, lots, etc.. . . . .28-101 to 107
constituting a nuisance, abatement, notice
to owners.. .' .... .. .28-106, 109
from business buildings into streets .28-110 to 112
Swift & Co., loading dock. . . . . . . . . .22-511
T
Taxi-cabs. . . . . . . . . . . . . . . . . . . . . . . . . . .14-601 to 649
application for license................... .14-603
changing license plates. . . . . . . . . . . . . . . . . . .14-511
cruising ........ . . . . . . . . . . . . . . . . . . 14-625
definition of............................ .14-601
drivers of; convicted of speeding. . . . . . . . . .14-520
misinforming persons. . . .14-507
soliciting passengers. . .15-176, 14-625
drivers licenses........ . . . . . . . .14-613
driving after license revoked. . . . 14-646
inspection of. . . . . . . . . . . . . . . . . . . . . . . . .14-607
insurance required..... . . . . . . . . . . . 14-606
licenses required........................ .14-602
license inspector.................... ...14-607
license revoked. ............. .14-610, 619, 644
license plates. . . . . . . . . . . . . . . . . . . . . . . .14-509
displaying . . . . . . . . . . . . . . . . . .14-510
changing .. . . . . . . . . . . . . . . . . . . . . . . . .14-511
.
402
GENERAL INDEX.
Taxi-cabs-Concluded Ch.-Sec.
maintained in good order, cleanliness re-
quired.... ......... . .14-617, 620
numbering of required. 14-620
rates; for licenses. 14-610, 613
of fare.... . . . . . . . . . .14-628
refusal of passenger to pay fare. . . . . . . . . . . 14-639
soliciting at depots, prohibited. . . . . . .15-176
stands . . . . . . . . . . . . . . 14-622, 624
telephones in streets..................... 14-627
use of, for immoral purposes; prohibited
. . . . . .14-641, 643, 15-214, 215
Taxi Meters. . . . . . . 14-633 to 638
Theaters; examined by fire chief. .10-111, 112
fire extinguishers and hose, regulations . .10-111
licenses .. ............................. .14-129
summer, licenses. . . . . . . . . . . . . . . . . . . . . .14-145
stand pipes required. .5-233
unlawfully entering. . . . . . . . . . . . . . . . . . .15-126
use of buildings for. . .5-233
Theatrical performances; supervision by Wel-
fare Board. . . . . . . . . . . . . . . . . . .3-103, 104
Threshing Machines, over streets. . . .26-219
Tobacco; furnished to minors. . . . .15-136
use of, by minors.. . . . . . . . . . . . . . . . . .15-135
Townsite of Salina; additions to. . . . .7-201, 202
Tractors over streets... . . .. . . . . . . .26-219
Traffic Code:
accidents, duty of driver. . . .
death or personal injuries.
property damage. . . . . . . . . . . .
drivel' render aid. . . . . . . . . . . . . . .
unattended vehicle............
reports . . . . . . . . . . . . .
alley, definition. . . . . . . . .
entering from.
parking in.
use by trucks. .. . . . . . . . . .
all night parking.
animals, ordinance applies to.
ambulances (see emergency vehicles).
angle parking
animals
arterial highways.
axel load
backing ........
bicycles . . . . . . . .
clinging to moving vehicle. .
lights on. . . . . . . . . . . . . . . . . .
on sidewalks.
parent 01' guardian responsible.
police to take up
riding on handle bars
brakes
bridges, speed on
business district, definition
bus stands
bus unloading. .
parking zones.
cab stands
coasters
attached to moving vehicle
corners, turning on.
crest of hill, turning on.
crossings:
pedestrians at cross walks.
pedestrians at other places.
.29-119 to 125
. .29-119
.29-120
29-121
. . .29-12::1
.29-124, 125
. . . .. 29-101
. . .29-150, 165
. .29-170
.29-171
29-181
....29-106
....29-174
. .29-106
. . .29-148AD
.29-128
. . . .29-147
29-106
29-184
. .29-1,104
. . . .29-185B
. . .29-185C
. . .29-185D
. . . .29-185A
. . .29-1,116
. .29-130
29-101
.... .29-179
29-168
. . .29-168
. . . .29-179
29-184, 186
. . .29-184
29-140
29-140
. . . .29-154
. . . . . .29-155
Traffic Code-Continued
cross walks, definition ........
pedestrian, right of way. . . . . . . . . . .
pedestrian, use right half.
defacing signs, signals, etc...
definitions
devices, traffic control.
draw bar connections
driver, definition..
intoxication or drugs.
license .... . . . . . . . . .
reckless . . .
stop and report accidents.
give information and aid
unable to report.
view obstructed.
driveways, definition..........
entering from.
driving while intoxicated...
drugs, driver under influence.
emergency vehicles, definition.
at stop signs. . . . . . . . . . .
flag, on projecting load. . . . .
following fire apparatus.
other vehicles stop.
privileges ..................
regulations . . . . . . . . . . .
right of way. . . . . . . . . . . . . .
speed restrictions...........
equipment, unsafe. .
explosives, definition.
transporting
flammable liquids, definition.
flashing signals..........
fire apparatus (see emergency vehicles).
following
fire hose, crossing. .. . . .
fixtures on highway, striking..
following too closely.
funeral processions. .
glass in streets. .
grade crossings.
hand signals. . . . .
heighth of vehicle and load
highway, definition..
hills, turning on..
hitch-hikers
horns
sirens prohibited..
horse-drawn vehicles. . . . .
interference with signs, signals, etc..
intersections, definition
approaching and entering
left turns at.
right of way at. ...
stop intersections, entering.
turning at....
turning markers
vehicles approaching and entering.
intoxicated, driving while.
laned highways, definition.
laned traffic. . .
left turns, at intersections
length of load and vehicle.
license, drivers. .
license tag .
concealing or defacing
Ch.-Sec.
29-101
29-154
29-156
. .29-118
. . . . . . . . . .29-101
29-113A-G 5-119
. .'29-127
. . . . . . .29-101
29-126
.. .. .29-107
29-127
. . . .29-119 to 124
. . .29-121
29-125
29-182
. . . . . . . . . . .29-101
. . . . . .29-150, 165
. .29-126
.29-126
29-101
. . .29-105
. .29-1,102
. . . . . . . . .29-194
. . .. .29-152
. .. .29-105
.29-105
. . . . . . . . .29-152
. .29-131
. . .29-197
. .29-101
. .29-1,121
. .29-101
. . .29-116
'"
.29-194
29-195
.29-123
29-138
. 29-190
. . . . .29-196
. . . . .29-159 to 164
29-142, 143
.29-1,125
.29-101
.29-140
.29-157
29-1,116
. . . . . .29-1,116
. . .29-106
.29-118
29-101
. .29-144
29-145
29-144, 145
29-148A
29-139
. .29-146
. . . .29-144
29-126
.29-101
29-137
29-139, 145
. . .29-1,125
.29-107
. .29-109
29-109
.:"
.c...
..
..
GENERAL INDEX.
Traffic Code-Continued Ch.-Sec.
lights, when required. . 29-198
additional lighting equipment. . . .29-1,108
auxiliary lights......... . . .29-106
clearance lights . . . . . . . . . . . . .29-1,101-1
kind of lights. . . . . . . . . . .29-199 to 1,114
on bicycles. .......... .....29-1,104
on other vehicles. . . . . . . .. ..29-1,105
on parked vehicles. . . . . . . . . . . .29-1,103
on projecting loads. . . . . . .29-1,102
rear lights. . . . . . . . . . . . . . . .' 29-1,100
restrictions on lights. . . .29-1,113
road lighting equipment. .. 29-1,109 to 1,114
sale of lamps and devices. . . .29-1,114
side marker lights.. 29-1,101-3
signal devices. . .29-1,107
spot lights. . .29-1,106
loads, wheel and axel. 29-1,128
weight of. 29-1,129, 1,130
markers, turning. . . . . .29-140
marking vehicles. .............. .29-178
minimum speed. .29-129
mirrors ............. . . .29-1,118
misdemeanors 29-103, 29-1,131, 1,132
misdemeanors, penalties. . . . . . .29-103
driving without license. . .29-111
failing to stop and render aid . . . . . 29-119
driving while intoxicated.. 29-126
reckless driving. . . . 29-127
parking or unloading busses. . . . . . . . . .. 29-169
other violations. . . . . .29-1,131
motorcycles, definition . . . .29-101
clinging to moving vehicle ............29-184
lights on. . . .29-199
riding on handlebars. . . . . . . . . . . .29-185A
motor vehicles, definition . . . .29-101
unattended . . .29-187
moving vehicle, alighting from. . . . . .29-183
clinging to. .29-184
mufflers . .29-1,117
night parking. . . . . . . . . . . . 29-181
no-parking signs. .29-176
no-parking zones. . . .29-175
no-turning signs . . . . . . . . .29-146
obedience required. . .29-103, 104
obstructions, traffic stop................. 29-151
of drivers view 29-182
one way roads. 29-136
one way stop. 29-136
owner, definition........... 29-101
overtaking vehicles. 29-133
on right. 29-134
limitations, on left. . . . . . . .29-135
parades, permit . .29-189, 191
parent or guardian, bicycles. 29-185C
park, parking, definitions. . .29-101
angle parking. ........ .. .. .29-104
by schools . . . . . . . . . . . . . . .29-172
outside business or residence districts 29-166
parallel parking. ... . . . . . . . . .. .29-Hi6, 170
time limited 29-177 A-B-C
parked vehicles:
busses, unloading
lights on...
no parking zones
officers remove
on certain streets
29-169
. .29-169
. .29-175
. . . . . .29-167
. . . . . . . . .29-166
403
Traffic Code-Continued Ch.-Sec.
prohibited parking. 29-170
on sidewalks. . . . . .29-170
in intersections. .29-170
in driveways. . 29-170
fire hydrants. . . . . . . . . . . . .29-170
cross walks. . . . . . . . . . . . . . . . . . . . .29-170
near signs or signals. . . . . . . .29-170
safety zones. .... .. .. . .. .. .. .. .. .. .29-170
railroad crossings......... ..... .29-170
fire stations......................... 29-170
excavations .............. .29-170
double parking. . . . . . . . . . . . . . . . . . . . . . .29-170
by bridges.......................... 29-170
in alleys.................... .......29-170
starting .................... ......29-141
trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-180
passengers, too many prohibited. . . .29-182
passing vehicles. . . . . . . . . . . .29-133
limitations on left. . . . . . . . . .29-135
on right. . . . . . . . . . 29-134
pedestrians, definition. . . . . . . . . . . . . . . . .29-101
subject to traffic signals. .29-153
right of way at cross walks. . . . . .29-154
at other places . .29-155
use right half. . . . .29-156
soliciting rides. . . . . . . . . . .29-157
penalties (see misdemeanors, penalties).
police judge report convictions. . . . . . .29-1,134
play streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-193
police vehicles (see emergency vehicles).
private driveways and roads, definitions. . .29-101
processions and parades. . . . .29-189, 191
funeral . . . . . . . . . 29-190
projecting boards. 29-1,124
lights or flag on. . . . . . . . . . . . . . . . . . . .29-1,102
police officers and employees....... .29-105
quiet zone........................... ..29-192
railroad crossings................. 29-159 to 164
vehicles stop at................... 29-160, 161
railroads, backing across streets. .29-164
blocking streets. . . . . . . . . .29-163
rear vision mirrors. . . . . . . . . . . . .29-118
reckless driving.... .29-127
repairing vehicles in streets . . . . . . . .29-188
report accidents. . . . 29-119 to 125
reports to vehicle department. 29-124
of connections by police judge.. ......29-1,134
residence district, definition.. .29-101
right of way, definition. . . . . 29-101
at intersections. . . . . . . . . 29-144, 145
pedestrians at cross walks. . .29-155
at other places. . . . . . . . . . . . . .29-156
right side, drive on. '" . . . . . . . . . . . . . . . 29-132
exceptions . . . . . . . . . . .29-132
road tractor, definition .29-101
road work, vehicles engaged in 29-105
roller skates. .29-184, 186
rotary traffic islands . .29-136
running board, riding on. . . . . . . . . .29-182
safety hitch . . . . . . . . . .29-1,127
safety zones, definition. .29-101
driving through. . . . .29-158
sidewalk, definition.... . . . . . . . . . . . .29-101
404
GENERAL INDEX.
..
Traffic Code-Continued Ch.-Sec.
signs, no parking . .29-176
no turn. 29-146
erected by city . . . .29-113B
signals required. . .29-142
hand signals. . .29-143
sleds, attached to moving vehicles. . . . .29-184
slow signs........................ . . .29-149
soliciting rides. . . . . .29-157
speed limits.. . . . . . . . . . . .29-128
emergency vehicles. . . . . . . . . . . . . .29-131
minimum speed. ..... . . . . . . . . . . . . . . . .29-129
on bridges. . . . . . . . . . . . . . . . . . . . .29-130
spilling load. . . . . . . . . . . . . .. ...29-1,126
starting parked vehicle. .29-141
standing, definition.................. ..29-101
on streets. . .. .................29-166, 170
on sidewalks. . . .. .............. . . .29-170
stop, definition. . . . . . . . . . . . .29-101
at through highway and stop signs 29-148 A-B-C
before emerging from alley or drive-
way. . . . . . . . . . . . . . . . . . . .29-150, 165
when traffic obstructed 29-151
stop signs......... . 29-148D
stop streets.. . . . . . . . . . .. ........ .29-148 A-D
stopping, definition. . . . . . . . . . . . . . . . . . . . . . .29-101
outside business or residence districts 29-166
when traffic obstructed. . .29-151
tire equipment. . . . . . . . . . . .29-1,120
taxi-cab stands . . . . . . . . . . .29-179
through highway, vehicle entering. . .29-148A
through streets, designated. . . . .29-148B
towed vehicles . . . . . . . . . . . . .29-1,127
lights on. . ..... .... . .29-1,100
toy vehicles . .29-186
attached to moving vehicles. .29-184
traffic division. . . .29-101
traffic control devices, definition. . 29-101
at certain intersections. 29-113 A-G
city manager to erect. . .29-113G
signals ........ . . . . . . . . .29-115
stop signs......... . 29-148D
slow signs.. . .29-149
traffic islands . . . .29-136
traffic lanes . . .29-137
trailer, definition 29-101
lights on. .29-1,100
regulation of. . . .29-1,127
trains, blocking streets. . . .29-162
backing over streets. . .29-164
signal of approaching. . .29-159
vehicles stop at crossing .29-160
busses and trucks stop at. 29-161
turning, at intersections 29-139
signals. . . . . . . . .29-142, 143
left, at intersections. 29-145
on curves and hills 29-140
no turn signs 29-146
n1arkers 29-146
truck-tractor, definition. 29-101
trucks, use of alleys. 29-171
parking 29-180
all night 29-181
unattended motor vehicle. .29-122, 187
unauthorized signs and devices. 29-117
U-turn signs 29-146
unsafe vehicles and equipment. 29-197
Traffic Code-Continued Ch.-Sec.
vehicles, definition . . .29-101
engaged in road work.. . . .. . . .. .. .29-105
repairing or washing in street. .29-188
vehicle in motion, clinging to. .29-184
boarding ................. . . . . .29-183
view of drivel' obstructed. . .. ............29-182
violations (see misdemeanors, penalties).
washing vehicle in street.... . . .29-188
windshields, wipers. . . . . . . . . . .29-1,119
unobstructed 29-1,119
width of vehicles ... 29-1,123
wheel and axel loads. . . ... . ... .. .. . . . . . .29-1,118
weight of loads.. . .. .. .. ... . 29-1,129
wrecked automobile, remove glass. 29-196
Trash, li~ter, etc.; accumulation, removal,
burmng. . . . . . . . . . . . . . . . . . . . . . . . . . .10-102, 110
ground floor occupants responsible for. . . .28-103
kept off of private premises. . ... . . . . . .28-102
on lo~s, streets, etc., nuisance. . , .28-106, 115
notIces to owners, abatement. . . . . . . .28-107
placing in metal receptacles, required. . .28-104
placing in streets or alleys. . . . 15-165, 28-101
Trees, forestry . . ... .. . .. .... .35-101 to 105
Trees; injuring, hitching horses to. . . . .. ... .15-171
elect~ic light and telephone companies may
tl'lm . . ............. .. . .22-613
signs on, prohibited. ... . . . . . . . . : . .5-606
removing dead limbs. . . . . . . . . . . .35-102, 105
trimming by house movers, supervision,
responsibility
Trustees of Memorial Hall
Trustees of Municipal Band.
5-808
. .. . . .6-501 to 6-505
.2-101 to 2-104
"
u
Unsanitary conditions in buildings..
Unwholesome food, sale prohibited
5-271
. . . . .15-115
v
Vagrancy . . 15-172
Vehicles (see general index under traffic rules;
drivers of vehicles, public vehicles, licenses, etc.)
Vendors (see licenses).
Venereal Diseases 20-301 to 319
Voting Booth property, acquired by city 8-103 to 105
Voting places .30-101 to 126
w
Walls (see Building Code).
Wards; established
Waste, offensive matter, disposal of.
constituting nuisance.
notice to owners, abatement
Waterworks department
accounts
advisory commission
applications
city departments, use of water
collection of charges
consumers
engineer
finances
hydrant rentals
. . .30-101
. .28-101 to 110
28-106
28-107
. . .36-101 to 123
36-117
.36-102
.36-110
. .36-121
36-118
36-119
. . . .36-103
36-104
. . .36-122
''1
...
GENERAL INDEX.
405
.
Waterworks Department-Continued Ch.-Sec.
meters. .36-114
officer and employee . . . . . . . . . . .36-103
rates . . . . . .36-116
revolving fund .36-105, 108
rules .. . . .36-106
secretary .. ...... . .36-103
service lines, care of. .36-113
superintendent . . . . . . . . . . . .36-103
taps 36-111
unlawful use of water. . .36-120
Water; in basements. . . . .5-271
service from mains. . . . . . . . . . . . . . . . . . . . .5-409
standing, constitute nuisance, abated.. . . . .16-103
stagnant, removal of. . .20-211
taking unlawfully.... . . .22-602
Water Mains; connections with.. . .5-409
tampering with. .' ........... .22-601
taking water from unlawfully... . . . .22-602
service pipes, laid prior to paving. .26-301
Weapons, carrying concealed . .15-173
Weaver's Addition, in city limits. . . . . . . . . .7-300
Weaver's 2nd Addition, in city limits.. ... .7-301
Weeds; constituting nuisance abated. .16-103
owner required to cut.... ..............31-101
city may cut and assess cost. .31-102
levy of special assessment for cutting.. ..31-102
Welfare Board.. . .' . .. . .3-101 to 211
White Way, ordinances relating to. .32-201
Wires; over streets. .... ....... .. .. .5-248,308,904
constituting nuisance.......... ......... .5-905
removal of, for house moving. ..........5-803
of electric light company. 2.2-108, 109
of street railway company. .22-203
height above street. . . . . . . . . .23-314
tampering with. . . . . . . . . .22-601
Wiring, electric (see Building Code).
interfering with firemen,......... .5-326
Wood Beams (see Building Code).
Wooden runways and culverts in streets pro-
hibited .................................26-223
Z
Zoning Ordinance:
accessory buildings...................... 37-101
advertising signs in residential districts. .37 -109a
alley .................... . .37-101
alteration of existing use. . . . .37-113
approval of plans by Board of Commis-
sioners. .37-304 to 325, 404, 405
apartment 37-101
lot area in part of B district. . .37-119b
A Residence Use district. . . .. .37-102
boundaries. .37-103, 103a
uses ..... ...37-107
advertising signs in .37 -109a
Area districts .. ." . . . . 37-114
A Area district, boundaries . .37-115
requirements .37-118
exceptions 37-122
additions to city limits 37-126
amendments to ordinance. . . . . .37-129
basements 37-101
boarding houses . . . .37-101
buildable width of corner lots 37 -118, 119, 120
building permits.. .37-124
buildings . . .37-101
(.
Zoning Ordinance-Continued Ch.-Sec.
B Residence Use district.. 37 -102
boundaries.. .' . .37-104, 104a, 201, 203
uses ............... 37-109
advertising signs in. . . . . . .37 -109a
B Area district, boundaries. . . .37-116
requirements .................. . .37-119
exceptions.. .. .. .. .. .. .. .. 37-122
community garages........... .37-101
curb level. . . . . .. . . .37-101
C Commercial Use district. . . . . . .37-102
boundaries. . . . . . . . . . . .37-105, 105a, 301 to 326
uses . . 37-110, 304 to 325
monument business in part of 37-110a
C Are~ district, boundaries.. ...... .37-117, 117a
reqUIrements .37-120
exceptions .' . . . . . . .37-122
certificate of occupancy and compliance . .37-123
change of occupancy ..37-123
changes and amendments . . .37-129
conflicting provisions. .37 -130
definitions . . . . . . . . .37-101
depth of rear yard. . . . . . . . . .37-101
~~~M ......~~W
district . . . . 0___ . . . . .37-101
D Light Industrial district, boundaries
.37-106, 106a, 401 to 407
uses . . . . . . . . . . . . .37-111, 404, 405
D Area district, boundaries. . . . . . . . . . . . .37 -117
requirements ... ............... ...37-121
E Heavy Industrial district, boundaries. ..37-107
additions to, . . . . . . . . . . . . . . . . . . . . . . . . .. ..37-501
uses ........................... .. .37-112
en~ar.gement of existing building. . . . .37-113
eXlstmg structures and uses. . . . . . . . . .37-113
alteration or enlargement.. . .37-113
destruction by fire . . . . . . . . . . . . . . . . . .37-125
reconstruction .......................37-125
group houses............................ 37-101
fire, destruction by. . . . . . . . . . . . . . . . . . . . . . .37-125
reconstruction .........................37-125
conform to existing requirements. . . .. .37-125
hotels ................................ .37-101
injunction . . . . . . . . . . . . . . . .37-127
interpretation and purpose. . . . . . . . . .37-126
lodging houses. . . . . . . . . . . . .. ........ .37-101
lot ......................... .. .37-101
lot area requirements:
A Area District.
B Area District.
C Area District. . . . . . . . . . . . . . . .
non conforming use..
one family dwelling. . . . .
place ...........................
private garage..... . . . . . . . . . . . .
protests against changes.....
public garage..........
private stable...... . . . .
plats ...............................
penalty ......... ...................
public service buildings........
rear yard
rear yard requirements:
A Area District. . . . . . . . . . . . . . . .
B Area District. . . . . . . . . . . .
C Area District. . . . . . . . . . . . .
reconstruction, after fire. . . . . . . . .
. .37-118
.37-119
37-120
. . .37-101
. . .37-101
.37-101
. .37-101
. . . .37-129
. . .37-101
. .37-101
.37-124
. . . .37-127
. . .37-113
.37-101
. .37-118
. .37-119
. . .37-120
.37-125
406
GENERAL INDEX.
...
Zoning Ordinance-Continued Ch.-Sec.
restrictions on use of property added to
C Commercial district. . . . . . . . . . .37-304 to 325
restrictions on use of property added to
D Light Industrial district....... 37-402 to 405
restoration, existing building............. 37-113
row houses.............................. 37-101
set back................................ .37-101
set back requirements:
A Area District. . . . . . . . . . . . . . . . . . . . . . . . 37 -118
B Area District............ .37-119, 119a, 119b
C Area District. . . . . . . . . . . . . . . . . . . . . . . .37-120
Zoning Ordinance-Continued Ch.-Sec.
side yard requi~ements:
A Area District. . . . . . . . . . . . . . . . . . . . .37-118
B Area District. . . . . . . . . . . . . . . . . . . . . . . .37-119
C Area District. . . . . . . . . . . . . . . . . . . .. .37-120
street ............................ . . .37-101
structural alterations...... .. ........... . .37-101
temporary commercial building in res.dist. 37-113
tenant houses. . ...... .... ......... .37-101
terrace ............. . . . . . . . . . . . . . . .37-101
two-family dwelling........ . .37-101
use districts.......................... ..37-102
uses in districts. 37-108 to 112, 304 to 325, 404, 405
yard space, apply to one lot only. . . . . . .37-124
CORRECTIONS
Page 111, in 9th line of Sec. 10-201, comma after
word "fuel" should be omitted.
Page 339, in 6th line of Sec. 29-1,117, comma after
the word "muffler" should be omitted.
Page 369, Section "37-110" should be Sec. "37-109a".