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3999 Regulating Outdoor AdvertisingORDINANCE NO. 3999 / (Published in the _ 5al_in.a _Journal AN ORDIYANCE relating to signs, billboards and outdoor advertising; relating to and regulating the location and construction and maintenance of signs and billboards: Providing for and re- quiring a license for and the payment of a license or occupa- tion tax by persons engaging in the business of outdoor ad- vertising; Providing a penalty for the violation of this ordinance and repealing certain ordinances or parts of ordinances in conflict with this ordinance. BE I`C ORDrJNED by the Board of Comr:;iss'.oners of the City of Salina, Kansas: Section 1. For the purposes of this ordinance, 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 include any billboards, signboards or other structure, including fences, erected or used for advertising purposes, and not used as a wall on any r,ermanent building or attached flat against the wall_ of any such permanent building. A wall sign is a sign painted, posted, or other- wise attached to or displayed upon the wall of a permanent building, A roof sign is any sign erected above any building. Secti^n 2. The business of outdoor advertising shall be deemed to include the business of owning, operating, erecting, constructing and/or maintaining wall, roof or ground signs for the purpose of showing, painting, pasting, or others°rise displaying thereon or attach- ing thereto the advertising matter of any person other than the person oz,-,,ning, operating, erecting, constructing and/or maintaining such ground, roof or wall sign. Se '_n 3. Nothi-g contained in this ordinance shall be deemed to permit the' tion, construction or maintenance of any billboard or sign of any nature`�rsoever in any location in the City of Salina where the erection, constructs' end/or maintenance of the same is or may be other-• ise prohibited by the`'zi i ng ordinance of the City of Salina. Section 4. Nothing in this ordinance shal.'. be deemed to apply to signs hanging over or extending over any street or part thereof in the Citv of Salina, which signs are governed and regulated by other ordinances of said city. Section 5. Teo person shall engage in the business of outdoor advertising at any locatio-n within the City of Salina without first securing, annually, a license from the Ci .T of Salina to conduct such business in the City of Salina; and withoL,t first ha?-ing paid the annu,il license fee or oc•,.upation tax, and filing the bond herein pro- vided for. tiny person desiring to engage in such business, and de- siring to erect and/or maintain signs or billboards, shall file a YTritten application frith the City Clerk, for such license, and for a i permit to erect any additional signs or billboards, which shall state the name and address of the applicant, the size and location of the billboards or signs being operated or maintained by such ap�-licant and of anti additional signs or rillboards which he may desire to erect and maintain. hen any such application for a license or permit, or both, is filed, the applicant shall deposit with the City Clerk the amount of the license or occupation tax, the inspection fees and bond hereinafter provided for. Section 6. Every person engaging in the business of outdoor advertising in the City of Salina shall pay an nually a license or occupation tax therefor, which shall be based on the number and size of the billboards and/or signs owned, maintained and/or operated by such person, as follows: For each sign or billboard or separate panel being of a dimen sion of 25 feet by 11 feet, or less, 50� For each additional 200 s luare feet or fractional part thereof of an -Tr sign or billboard, or panel thereof, 50V; x�rovided, that no single sign or billboard, or panel thereof, shah rave 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 1•tisiness shall be X1.00.00. Section 7. "hen any such application for a license to engage in the business of outdoor advertising is filed v.ith the City Clerk, properly filled out as herein provided for and signed btr the ap�li- cant, and when any application for a permit to erect and maintain billboards or signs has been filed, which. applicatinns shall state the size and loca:;ion of each existing or proposed billboard or sign, and the ­ e has been d;;posited with the City Clerk of Salina, Kansas, the license tax and bond as hereinafter provided, together ^,ith an i_nsr ection fee of 5r`p. for each billboard or sign, or panel thereof, then erected or ther,�after '"o be erected, the Cittr Clerk shall refer such applications to the Building Inspector of the amity of Salina, who shall inspect the T�illboards or signs described in said applicatinns, and the-ororosed L -)cation of ne,,, billboards or signs. If, upon the inspection of any existing sign or bil;_board, the Building Inspector shall find it is constructed in accordance v,ith this, and any other ordinance of the '-'ity of Salina applicable thereto, then the Building Inspector shall indorse such finding on the application and shall_ ret--rn it to the City "lerk. In the event the licensee shall file an applicati:-n for a permit to erect, constru.dt and maintain addi- tional boards, the Bui'ding Inspector shall inspect the proposed location and shall endorse on the a� plication his finding as to `vhether or not such proposed billboard in 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 app lica'tion 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 finding on the original application and the license therefor shall be issued as herein provided. Section 8. If, in any case, the Building Inspector is in dou"t as to rheth.er or not any sign or billboard inspected by him, or the location or proposed location thereof is in conformity with the provisions of this and any other existing ordinance of the City of Salina, then he shall return such application, VTith his findings and recor:Lmendations thereon to the City ClePk 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 i ill_board in controversy and the location cr proposed location thereof, complies with the pro- 1Tisions of this and any .ether existing ordinance, then in such event, they shall instruct the City Clerk to issue 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 location or proposed location thereof, is in violation with this, or any other ordinance, then such application shall be rejected. Section 9. No license shall be issued to any such person as here- in crovided for until such person shall file with the City lerk a good and sufficient bond in the sum of $500.001 conditioned that he will comply with all of the terms and conditions of this ordinance, with a corporate surety authorized to do business in this state, which bond shall contain the wr9_tten consent of the prig cipal and surety that any suit instituted thereon may be brought in Saline County, Kansas. Section 10. Upon the return of an application by the Building Inspector to the City Clerk 4^,ith his approval of any such sign or billboard and the location thereof, or in the event any appl:`cation has been referred to the Board of Gom'-r;issiorers, upon receiving authority from the Board of Come-iissioners, and upon a sho-ing that the license or occupation tax, the bond filed and the inspection fees have been aid, the City Clerk shall issue a license to such s a-rplicant covering only the locations specifically described in such application. Section 11. If, in any case, the Building Inspector or the Bcard of Commissioners, as the case may be, shall reject the appli- cation. ppli-cation. of any person for the permit to erect, constriiet and/or maintain any sign or bil'board at any particular location, for which such person has deposited the license fee as required by this ordi- nance, the amount so deposited for said fee shall be returned by the City Clerk to such person, but in no event shall the inspection fee be returned. Section 12. Any license herein provided for, when issued by the City Clerk, shall expire on the 31st day of December following the da' -e of the filing of the epplication therefor. Section 13. No sign or billboard, governed by the provisions of this ordinance, shall be erected, constructed or maintained vrith- in the City of Salina unless the same shall be erected, constructed and maintained in accordance with the provisions of this ordinance, as hereinabove or as hereinafter set forth. Section 14. Every ground sign now or herafter located, con- structed, ov,ned, 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 hick it is located, except where located on State or Federal High- lr,ays, 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 constructed on the sane side of the street,ithin the block on which said sign is 1^cated 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 intersecting street. Section 15. No ground sign shall extend more than fifteen feet in height from the ground nor shall the bottom of the so id portion of any such sign be closer than t,�,Jo feet to '.he ground, provided that the space beneath such sign may be filled in with decorative lattice %.,-ork. No such sign nor any part thereof or any ornamentation con - netted tr:erewlth shall be erected, constructed or maintained within three feet from the side line of any lot or tract of land upon wl ich the same nay be located or nearer than five feet to any building, or v,ithin three feet of any other such sign, provided that the space between any such signs may be filled in ti^,rith decorative lattice work. No such ground sign shall exceed 50 feet in length. Each such sign shall be of modern, safe and substantial construction, suffi- cient to make it safe from the ordinary hazards of windstorm and fire and the method of construction shall be subiect to the approval of the Building Inspector. Each such sign shall be maintained at all times in accordance with such requirements. Section 18. All of the ground owned or leased by the licensee for the erection, construction and maintenance of a billboard or sign, and in any event all ground between such sign and the street whi6h it faces, and for five feet on each side thereof, shall, at all times be kept free from weeds, trash or other debris and. un- sightly material and in a sanitary condition by the person owning, operating; or maintaining such sign. Section 17. 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 illumination of any such wall sign may extend not to exceed 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 anchor- ed 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 cover or interfere with any door or window or fire escape of any such bui7_ding, provided, however, that any sign so erected flat against any wal- .may extend far enough from said wall to permit the safe and proper construction --f the same- and provided further that no such wall sign shall be erected and face any alley. Secticn 18. Every roof sign shall be wholly of metal and of steel frame and construction, and shall be safely and securely anchored 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. Section 19. That part of this ordinance requiring the securing of a license and the payment of a license or occuj_ation tax shall not aptly to any sign or billboard owned, leased, maintained and/ or o _erated exclusively bar the person i,:hose business is advertised thereon, and Mnich 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 his ordinance shall apply to each such sign or bil'board; and each person so desiring to erect or maintain such sign shall make proper application annually, to the City Clerk for a permit to erect and/or maintain the same and make a deposit of the inspection feF- required by this ordinance, 7hich application shall be delivered to the -Building Inspector who shall inspect the same as 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 pur- suant to this ordinance shall expire on December 31st, following the issuance thereof. Section 20. Any person who desires to construct, own, operate and maintain any sign. or billboard for the advertisement of his own business or of commodities 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 billboards giving the location or prop^sed location of any such signs or billboards, and shall deposit 1.-ith the City Clerk the inspection fees as provided for in this ordinance, ;rhich appli- cation shall be referred to the building; Inspector, Tho shall there- upon proceed to make an inspection thereof in the same manner as herein'7efore provided. If upon such inspection, the Building In- spector shall find that the construction of any such sign or bill- board does n -t conform Nith the provisions of this ordi ante or that the location or proposed locati^n thereof is In violation of any of the-rovisions of this ordinance or of the provisions of any other ordinance in the City of Salina, he shall endorse such f.'inding on the a plication, and n^ sign or billboard shal, be erected at such location, and if erected anv such sign or billboard shall be promptly remo-ed from such location. If upon such inspection the Building Inspector shall find that the sign or billboard or the pro- posed sign or billi,oard, and the location thereof conforms -ith this and other provisions of the ordinances of the Citv of Salina, }-le shall endorse such finding on the application and return the same to the City Clerk, who shall thereupon issue a permit for the maintenance and operation of such sign or billboard. Section 21. The name of the person owning, operating and/or maintaining any sign or billboard governed by the provisions of this ordinance shall be attached in a conspicuous place to each such sign or billboard. Section 22. 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 previously filed such bond and the same shall bein force and effect, no additional bond shall be required for the issuance of such additional license. Whenever 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 Commissioners. Section 23. This ordinance shall not apply to signs having an area of not more than thirty-six square feet, located on real estate -.ithin the lot lines, and advertising such real estate for sale or rent. Section 24. No person shall permit any :pasted posters to remain ",n any sign or billboard after such poster or any part thereof shall have been loosened or torn from any such sign or billboard, and every person shall, when any such zoster or any part thereof becomes loosen- ed from any such sign or bi-_lboard, immediately remove such roster, and every part thereof, therefrom. Section 25. If any sign or billboard is now or hereafter erected, otrrned, operated, and/or maintained within the city of Salina in viola- tion of any of the provisions of this ordinance or of any other exist- ing ordinance, the Building Inspector shal' immediately notify the j licensee thereof, or the person owning, maintaining and/or operating the same, or the owners of the land u:on which the same is located, of such violation, and if within ten days fr--m the giving of such notice any such person shall not remove such sign or billboard, or shall fail to comply with any of the pro�risions of the ordinance which are being violated, the Building Inspector shall remove such sign or billboard at the expense of any such person, which expense shall be reported to the Board of Commissioners by the Building Inspector and assessed against any such person or the land upon which such billboard is located, and collected as other special taxes are collected, or the same may be collected under the provisions of the bond herein required, and in addition thereto, the license or hermit issued for anis such sign a billboard may be revoked by the Board of Commissioners. Section 26. The term "person" as used in this ordinance shall be deemed to include any individual, co -partnership, association or corporation, or an1. y agent, s9rvant, representative, member, officer, manager or director thereof. Section 27. Any person who shall violate or shall fail to comply ,,ith any of the provisions of this ordinance shall be deemed Euilty 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 day continued violation of or failure to comply u,,ith this ordinance shall be deemed to constitute a separate offense, and ,rovided further that upon conviction of more than one lAolation 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 Com issioners of said city. Section 28. If any sentence, clause or section of this ordinance steal be "'.eld to be unconstitutional by the final judgment of any court of competent jurisdiction, such iudgment shall be deemed not to effect any other sentence, clause or section he eof, and it is hereby declared that each sentence, clause or section of this ordinance is hereby adopted and would ha --e been passed, independent- ly of each and every other sentence, clause or secti-n hereof. Section 29. That Section 5-701 and 5-702 of the Revised Ordi"zances of the 6ity, of Salina, 1925, and Ordinance 3770 of the City of Salina and all other ordinances of the City of Salina in conflict herev,ith be, and the same are hereby repealed, in so far as they conflict with this ordinance. Section 30. This ordinance shall take effect and be in force from and after its publication in the official city paper. Attest: Attest: Introduced, December 291, 1930 Passed, Chas. E. Banker City Jerk January 5, 1931 Chas. F. Dodds Ma -,Tor - STATE OF KANSAS ) COUNTY OF StLLIidE ) I, Chas. E. Banker, City Clerk of the City of Salina, Km sas, ! do hereby certify that the above and foregoing is a true and correct t copy of Ordinance No.3999 passed and approved by the ''oard of Com- missioners of the Citv of Salina January 5, 1931; and a record of the i Note on its final ado, -tion is found on page -&q-1 Journal No. 12 lKity Clerk (Published in The Salina Journa: ORDINANCE NO An Ordinance relating to signs, billboards and outdoor advertising; relating to and regulating the location and construction and maintenance of signs and billboards: Providing for and requir- ing a license for and the payment of a license or occupation tax by persons engaging in the business of outdoor advertising; Providing a penalty for the violation of this ordinance and re- pealing certain ordinances or.parts of ordinances in conflict with this ordinance. BE IT ORDAINED by the Board of Commissioners of the City of Salina,_1Iansas. SECTION 1. For the purposes of this ordinance, 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 include any billboard, signboard or other structure, including fences, erect- ed 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 other- wise attached to or displayed upon the wall of a permanent building. A roof sign is any sign erected above any building. SECTION 2. The business of outdoor advertising shall be deemed to include the business of owning, operating, erecting, constructing and/or maintaining wall, roof or ground signs for the purpose of showing, painting, pasting, or otherwise displaying thereon or attach- ing thereto the advertising matter of any person other than the per n owning, operating, erecting, constructing and/or maintaining sue ground, roof or wall sign. 3 SEC Nothing contained in this ordinance shall be deemed permit the er construction or maintenance of any billboard E®' r sign of any nature ver in any location in the City of Salina where the erection, construe d/or maintenance of the same is f or may be otherwise prohibited by ing ordinance of the City of Salina. �� =p SECTION 4. Nothing in this ordinance shall be deemed to apply a� to signs hanging over or extending over any street or part thereof in the City of Salina, which signs are governed and regulated by 44 other ordinances of said city. SECTION 5. No person shall engage in the business of outdoor advertising at any location within the City of Selina without first securing, zunnually, 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 or occupation tax, and filing the bond herein provided for. Any person desiring to engage in such business, and desiring to erect and/or maintain signs or billboards, shall file a written application with the City Clerk for such license, and for a permit to erect any additional signs or billboards, which shall state the name and address of the applicant, the size and location of the billboards or signs being operated or maintained by such applicant and of any additional signs or billboards which he may desire to erect and maintain. When any such application for a license or permit,,or both, is filed, the applicant shall deposit with the City Clerk the amount of the license or occupation tax, the inspection fees and.bond hereinafter provided for. SECTION 6. Every person engaging in the business of out- door advertising in the City of Salina,shall pay annually a license or occupation tax therefor, which shall be based on the number and size of the billboards and/or signs owned, maintained and/or operated by such person, -as follows: For each sign or billboard or separate panel being of a dimen- sion of 25 feet by 11 feet, or less, 50¢. For each additional 200 square'feet or fractional part thereof of any sign or billboard, or panel thereof, /50¢; 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 business shall be ?100.00. SECTION 1. 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 appli- cant, and when any application for a permit to erect and maintain billboards or signs has been filed, which applications shall state, the size and location 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 hereinafter provided, together with an inspec- tion feeDf 50¢ for each billboard or sign, or panel thereof, then erectbd or thereafter to be erected, the City Clerk shall refer such appli- cations to the Building Inspector of the City of Salina, who shall inspect the billboards or signs described in said applications, and the proposed location of new billboards or signs. If, upon the inspection of any existing sign or billboard, the 'Building Inspector shall find it is constructed in accordance with this, and any other ordinance of the City of Salina applicable thereto, then the Building Inspector shall indorse such finding on the application and shall return it to the City Clerk. In the event the licensee shall file an application for a permit to erect,construct and maintain addi- tional boards, the Building Inspector shall inspect 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 re- turn the same to the City Clerk. If the application 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 finding on the original application and the license therefor shall be issued.as herein provided. SECTION 8. 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 provisions of this and any other existing ordinance of the City of Salina, then he shall return such application, with his find- ings and recommendations thereon to the City Clerk who shall present such application and the Building Inspector's report to the Board of Commissioners. In such case, the Board of Commissioners shall con- sider the same, and if in their opinion, the sign or billboard in controversy and the location or.proposed location thereof, complies with the provisions of this and any other existing ordinance, then in such event, they shall instruct the City Clerk to issue 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 location or proposed location thereof, is in violation with this, or any other ordinance, then such application shall be rejected. 3--3999 SECTION 9. 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 conditions of this ordi- nance, with a corporate surety authorized,to do business in this state, which bond shall contain the written consent of the principal and surety that any suit instituted thereon may be brought in Saline Couhty, Kansas: SECTION 10. Upon the return of an application by the Building Inspector to the city Clerk with his approval of any such sign or ' billboard and the location thereof, or in the event any application has been referred to. -the Board of Commissioner's, upon receiving authority from the Board of Commissioners, and upon a showing that the license or occupation tax, the bond filed and the inspection fees have been paid, the City Clerk shall issue a license to such applicant covering only the locations specifically described in such application. SECTION ll.,.If,',in any case, the Building Inspect6r or the Board of 60mmissionersy'As the case may be, shall reject the appli- cation of any person for the permit to erect, construct and/or maintain any sign or billboard at any particular location,,for which such person has deposited the license fee as required by this ordi- nance,, the amount so deposited for said fee shall be returned by the City Clerk to such person, but in no event shall the inspection fee be returned.' SECTION 12. 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. SECTION 13. No sign or billboard, governed by the provisions of this ordinance, shall be erected, constructed or maintained with- in the City of Salina unless the same shall be erected, constructed and maintained in accordance with the provisions of this ordinance, as hereinabove or as hereinafter set forth. ' SECTION 14. Every ground sign now or hereafter located, con- str�cted, ovmed, 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 High- ways, where such setback 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 constructed on the same side of the street within the block 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 intersecting street. SECTION 15. No ground sign shall extend more than fifteen feet in "ght 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 pant thereof or any ornamentation connected therewith shall be erected, constructed 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 building, within three feet of any other such sign, provided that the space or between any such sighs 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 substantial construction, sufficient 4. to make it safe from the ordinary hazards of windstorm and fire and the method of construction shall be subject to the approval of the Building Inspector. Each such sign shall be maintained at all times in accordance with such requirements. SECTION 16. All of the ground owned or leased by.the licensee for the erection, construction and maintenance 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 unsight- ly material and in a sanitary condition by the person owning, operat- ing or maintaining such sign. SECTION 17. 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 illumination of any such wall sign may extend not to exceed 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 anchor- ed 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 cover or interfere with any door or window 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 permit the safe and proper construction of the same; and provided further that no such wall sign shall be erected and face any alley. SECTION 18. Every roof sign shall be wholly of metal and of steel frame and construction, and shall be safely and securely anchor- ed to the building in a manner satisfactory to the Building Inspector, and in such a manner that the maintenance thereof will not be danger- ous to the public. SECTION 19. 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, maintained and/or oper- ated 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 billboard; and each person so desiring to erect or main- tain such sign shall make proper application annually, to the City Clerk for a permit to erect and/or maintain the same and make a de- posit of the inspection fee required by this ordinance, which appli- cation shall be delivered to the Building Inspector who shall inspect the same as in this prdinance 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 ordinance shall expire on December 31st following the issuance thereof. SECTION 20. Any person who desires to construct, own, operate and maintain any sign or billboard for the advertisement of his own business or of commodities 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 billboards 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 appli- cation shall be referred to the Building Inspector, who shall there- upon proceed to make an inspection thereof in the same manner as hereinbefore provided. If upon such inspection, the Building In- spector shall find that the construction of any such sign or billboard does not conform with the provisions of this ordinance or that the location or proposed location thereof is in violation of any of the provisions of this ordinance or of the provisions of any other ordi- a 5. nance in the City of Salina, he shall endorse such finding on the application, and no sign or billboard shall be erected at such location, and if erected any such sign or billboard shall be prompt- ly removed from such location. If upon such inspection the Building Inspector shall find that the sign or billboard or the proposed sign or billboard, and the location thereof conforms with this and. other provisions"of the ordinances of the City of Salina, he shall endorse such finding on the application and return the same to the City Clerk, who shall thereupon issue a permit for the maintenance and operation of such sign or billboard. SECTION 21. The name of the person owning, operating and/or maintaining any sign or billboard governed by the provisions of this ordinance shall be attached in a conspicuous place to each such sign or billboard. SECTION 22. 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 previously filed such bond and the same shall be in force and effect, no additional. bond shall be required for the issuance of such additional llcenbl. Whenever 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 Commissioners. SECTION 23. 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. SECTION 24. No person shall permit any pasted posters to remain on any sign or billboard 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 poster or any part thereof becomes loosen- ed from any such sign or billboard, immediately remove such poster, and every part thereof, therefrom. SECTION 25. If any sign or billboard is now or hereafter erected, owned, operated, and/or maintained within the City of Salina in viola- tion of any of the provisions of this ordinance or of any other exist- ing ordinance, the Building Inspector shall immediately notify the licensee thereof, or the person owning, maintaining and/or operating the same, or the owners of the land upon which the same is located, of such violation, and if within ten days from the giving of such notice any such person shall not remove such sign or billboard, or shall fail to comply with any of the provisions of the ordinance which are being violated, the Building Inspector shall remove such sign or billboard at the expense of any such person, which expense shall be reported to the Board of Commissioners by the Building Inspector and assessed against any such person or the land upon which such billboard is located, and collected as other special 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 a H^� billboard may be revoked by the Board of Commissioners. SECTION 26. The term "person" as used in this ordinance shall be deemed to include any individual, co -partnership, association or corporation, or any agent, servant, representative, member, officer, manager or director thereof. SECTION 27. Any person who shall violate or shall fail to comply with any of the provisions 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 shat be deemed to constitute a separate offense, and provided 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 F. of this ordinance, the license of such person may be revoked by the Board of Commissioners of said city. SECTION 28. If any sentence, clause or section of this ordi- nance shall be held to be unconstitutional by the final judEment of any court of competent jurisdiction, such judgnent shall be deemed, 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, independent - lir of each and every other sentence, clause or section hereof. SECTION 29. That Section 5-701 and 5-702 of the Revised Ordi- nances of the City of Salina, 1925, and Ordinance 3770 of the City of Salina and all other,ordinances of the City of Salina in conflict hereiaith be and the same are hereby repealed., in so far .as they con= flict with this ordinance. SECTION 30. This ordinance shall tale effect and be in force from and after its publication in the official city paper. introduced Decembef'k29, 1930 Passed January 5, 1931 Attest: City Clerk. 9�,�--� Mayor