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4039 Regulating Building & Maintenance of StreetsORDINANCE NO. 4039 ( Published in the Salina Journal,, �� '�` t 19.311 AN ORDINANCE relating to and regulating the building and maintenance of bulkheads, cellar and basement ways, areaways, railings, stair- ways and excavations in streets, and in and under sidewalks in the City of Salina, Kansas. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: j Section 1. That no person, firm or corporation shall hereafter � 9 construct in any street or in or under any sidewalk in the City of Salina any bulkheads, cellar or basement ways, areaways, railings or stairways, or excavations for any of the same, without first securing i from the Board of Commissioners of said city a permit for the same i which shall in each case state specifically the terms and conditions under which such c.ermit is issued and the manner in which and the con- ditions under which the same shall be maintained. Section 2. 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 basement way or areaway, the head of such stair- way shall be protected by an iron gate comprised of at least tt,,o rails of the same heighth from the street as herein specified for other rail- ings, which shall open outward from such cellar or basement way or area- way, 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. Section 3. If any person noiv using or maintaining any such cellar or basement way, areaway or stairway, shall fail or refuse to comply with the requirements of this ordinance with respect thereto, the superintendnet 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 pro- visions 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 separate violation of this ordinance for each day during which such neglect or refusal shall continue. Section 4. Any person, firm or corporation or any member, officer, agent or representative thereof who shall violate or cause or permit the violation of any of the provisions of this ordinance shall be guilty of a middemeanor and upon conviction thereof shall be fined not less than $25.00 nor more than $10'.00 for each offense. Section 5. This ordinance shall take effect after its publica- tion in the official city paper. Introduced 11arch 23, 1931 Passed, March 30, 1931 Chas. F. Do__d_ds may or -- Attest: Chas. E. Banker City -Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 4039 passed and approved by the Board of Com- missioners of the City of Salina, Kansas March 30, 1931; and a record of the vote on its final adoption is found on page 3/,/ Journal No. 12. i (Published in the Salina Journal �/W 1931) ORDINANCE NO. 4039 AN ORDINANCE relating to and regulating the building and maintenance of bulkheads, cellar and basement ways, areaways, railings, stairways and excavations in streets, and in and under sidewalks in the City of Salina, Kansas. BE IT ORDAINED by the Board of Commissioners.of the City of Salina, Kansas. Section 1. That no person, firm or corporation shall hereafter con- struct in any street or in or under any sidewalk in the City of Salina any bulkheads, cellar or basement ways, areaways, railings or stairways, or excavations for any of the same, without first securing from the Board of Commissioners of said city a permit for the same which shall in each case state specifically the terms and conditions under which such permit is issued and the manner in which and the conditions under which the same shall be maintained. Section 2. 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 con- sist 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 basement way or areaway, the head of such stairway shall be protected by an iron gate comprised of, at least tworails of the same heighth 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.a11'times.be-securely latched so that the same can= not 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. Section 3. If any person now using or maintaining any such cellar or basement way, areaway or stairway, shall fail or refuse to comply with the requirements of this ordinance with respect thereto, the superintendent of streets of the City of Salina shall be and he is hereby authorized and directed 2: 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 neglect ing to comply with the provisions ofthis ordinance shall be deemed guilty of a separate violation of this .ordinance for each day during which such neglect or refusal shall continue. SECTION 4. Any person, firm or corporation or any.member, officer, agent or representative thereof who shall violate or cause or permit the violation of any of the provisions of this ordinance 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.' SECTION 5. This ordinance shall take effect after its publication in the official city paper. 1 Introduced ;.Manch 23, 1931 Passed March '30, 1931 • Attest: City Clerk.