3249 Nuisance Fines Smoky Hill RiverAN ORDINANCE relating to the Smoky Hill River in the City of Salina,
defining certain misdemeanors, defining certain public
nuisances, and providing for the abatement thereof and
providing for the payment of the cost of such abatement,
and providing penalties for the violation of the provis-
ions of this ordinance.
BE IT ORDAINED, by the Board of Commissioners of the City of Salina,
Kansas;
Section 1. That it shall be"unlawful for any person, firm -or
corporation either on his or their own.behalf'or as the agent, repre-
sentative, servant, employee, member, officer or manager of any such
person, firm or corporation to dump, place or throw or to direct or
cause the dumping, placing or throwing of any dirt, stone, garbabe,
trash, trees or parts thereof,papers, cans, manure, ashes, or any
offensive, obnoxious onAnsightly matter of any kind into or on or
along the banks of the Smoky Hill River at any place within or ad-
joining 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 regularmmeeting of said Board.
Section 2. That every such person, firm or copporation 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,
ashesri or Any offensive, obnoxious or unsightly matter of any kind,
which may have been heretofore or may hereafter be placed, thrown
or dumped into said river or on or along the banks of said river, ad-
jacent to or on the prope=rty owned or occupied by ther;, or under
their control,,or placed, thrown or dumped by them or at their direct-
ion at any other point,in on or ;long said river or river banks.
Section 3. That any such person, firm or corporation who
shall violate any of the provisions of Section 1 of this ordinance, v r
who shall fail within 5 days after receipt of notice of the order men-
tioned in Section 2 of this ordinance 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 offense shall be fined not less
than 425.00 nor more than $100 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 days 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.
Section 4, That any szch dirt, stone, garbalge, trash, trees or
parts thereof, papers, cans, manure, ashes or any offensive, obnoxious
or unsightly matter of any kind, thrown; placed or dumped into the Smoky
Hill River or on cr along the banks thereof, or permitted to remain in
said river or on or along the banks thereof in violation of the provisions
of this ordinance, shall be deemed to constitute_a public nuisance, and
upon the failure of any person, firm.or cozporation to remove the same from
said river or river banks, on or adjacent to any property owned by such
person, firm or oorporations-oraupon the agent, occupant, or person in
control of said property, of a notice so to do; served in the same manner
as summons in a civil action, the nuisance so existing shall be abated
by the removal of said matter by the City of Salina at -the cost of such
person, firm or corporation, and if such cost be not paid within five days
after a statement thereof shall be presented, such cost shall be assessed
against the property and shall be certified by the City Clerk to the County
Clerk of Salina County, Kansas, in the same manner add at the same time
other taxes are certified, and collected as other special assessments are
collected.
Section 5. This ordinance shall take effect and be in full force
and effect from and after its publication once in the official city
paper.
Introduced for first reading May 14th, 1926.
Passed and approved ----------May 17th, 1926.
GUY T. HELVERING.
W
ATTEST:
CHAS. E. BANKER
�ity�Ier�:
STATE OF KANSAS )
)SS
COUNTY OF SALINE)
I, Chas. E. Banker, City Clerk of the City df Salina, Kansas,
do hereby certify that the above and foregoing is a true and correct
copy of Ordinance No. 3249 passed and approved bythe Bmard of Commissioners
of the City of Salina, Kansas, Mayl7th, 1926 and a record o£the vote
on its final adoption is found on page of Journal No.
No. 11.
�Q�� e��✓ 0C 1 �� it
city Clerk,
E
(Published in The Salina Jotrnal ,1926)
ORDINANCE IIU. 3249
An Ordinance relating to the Smoky Full River in the City of Salina,
defining certain misdemeanors, defining certain public nuisances,
and providing for the abatement thereof and providing for the pay-
ment of the cost of such abatement, and providing penalties for
the violation of the provisions of this ordinance.
BE Ii 0'_?DAITNED, by the Board of Commissioners of the City of Salina,
P-ansas.
SEC'0101i 1. That it shall be unlawful for any person, firm or cor-
poration either on his or their own behalf or as the agent, repre-
sentative, servant, employee, member, officer or manager of any
such person, firm or corporation to dump, place or throw or to dir-
ect or cause the dumping, placing or throwing, of any dirt, stone,
garbage, trash, trees or parts thereof, pap,sLrs, cans, manure„ ashes
or any offensive, obnoxious or unsightly matter of any kind into or;;
on or along the banks of the Smoky Hill River at tiny 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 meeting of said`
Board.
SECTION 2. That every person, firm or corporation shall when so
or 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 hereafter be placed, throvm for
dumped into said river or on or along the banks of said river, ad-
jacent to or on the property owned or occupied by them, or under
their control, or placed, thrown or dumped by them or at their dir-
ection at any other point in,on•or along said river or river banks.
SECTION 3. That any such person, firm or corporation who shall vio-
late any of the provisions of Section 1 of this ordinance, or who
shall fail within 5 days after receipt of notice of the order men-
tioned in Section 2 of this ordinance to remove from the river or
river banks any of the material ordered to be removed shall be deem-
ed guilty of a misdemeanor and for each offense shall be fined not
less than ;;25.00 nor more than �i100.00 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; pro-
vided that each days 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.
SECTiOI'd 4. That any such Girt, stone, garbage, trash, trees or parts
thereof, papers, cans, manure, ashes or any offensive, obnoxious or
unsightly matter of any hind, thrown, placed or dumped into the Smoky
?Till River or on or along the banks thereof, or permitted to remain
in said river or on or along the banks thereof in violation of the
provisions of this ordinance, shall be deemed to constitute a public
nuisance, and upon the failure of any person, firm or corporation to
remove the same from said river or river ban:.s, on or adjacent to any
property owned by such person, firm or corporation, witbnn 5.�du7s from
the service upon said Iverson, firm or corporation no'a notice so to
do, served in the same manner as uummons in a civil action, the nui-
sance so existing shall be abated by the removal of said matter
by the City of Salina at the cost of such
person, firm or corporation, and if such cost be not paid within five
ed, such cost shall be
days after Cl tatsment thereof shall be -orese
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assessed against the property and shall be certified by the City
Clerk to the County Clerk of Saline County, Kansas, in the same
manner and at the same time other taxes are certified, and collect-
ed as other special assessments are collected..
SECT ICTI 5. This ordinance shall take effect and be in full force
and effect from and after its publication once in the official
city paper.
Introduced for first reading �'i,� � f ,1926.
Passed and approved _rMay^1Z,.tig x____,1926•
Mayor.
Attest :
'city ClerL'.
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