3524 Prohibiting Dense Smoke DischargeI
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ORDINANCE NO. 3549:
(published in the Salina Journal 1928)
AN ORDINANCE relating to and prohibiting the emission or discharge
into the open air of dense smoke within the City of Salina,
declaring such emission or discharge to be a public nuisance,
providing for the abatement thereof, providing for the con-
struction or reconstruction of furnaces and boilers, and
attachments thereto, for the purpose of preventing the emission
or discharge of dense smoke therefrom, providing the method
for the enforcement of this ordinance and providing a penalty
for the violation thereof.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. '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 established except private residences designed
for occupancy by not more than two families.
Section 2. The emission or discharge into the open air of
dense smoke within the corporate limits of the City of Salina from
any locomotive, steam rollers steam derrick, steam pile driver, tar
kettle or similar machines or contrivances, or from any building 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 same manner as other
public nuisances. Any person, firm or corporation owning or causing
to be operated any locomotive, steam roller., steam derrick., steam
pile dbivers 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 nor more than one hundred dollars, and each day during which
such smoke shall be emitted or discharged shall constitute a separate
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 devices applianag
ii means or method by application of which to his buildings establishment
premises, locomotives steam roller, steam pile dirver, 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.
Section 3. Every furnace must be so constructed as to effectively
prevent the emission of dense smoke or must have attachments which will
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effectively accomplish such results. Complete plans and specifications
for the erection of.new furnaces, breeching and stacks for producing
light, heat or power, for the reconstruction or alteration of old
furnaces breeching and stacks for such purposes must be submitted in
a g P P
duplicate and approved by the Building Inspector, before the work of
erection, reconstruction or alteration is begun. When said Inspector
has issued a permit as above provided 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
Section 4. It shall be unlawful for any person to use any new
or reconstructed boiler plant for the production and generation of
light, heat or power until the building Inspector shall have issued
a certificate to the owner or user showing that the construction or
reconstruction is in compliance with the provisions of this article.
All owners or users of boilers plants for producing light, heat or
power before making any alteration, change or addition to any fur7ance,
device or chimney, shall first submit to said Inspector plans and
specifications covering the work contemplated and secure a permit
from him, provided, however, that minor necessary repairs which do
not make any substantial change affecting smoke emission, may be made
by or under thedirection of the engineer in charge of said plant
without a permit. --
Section 5. The Building Inspector shall collect the following
fees and issue receipts therefor: For inspection of plans for the
construction or reconstruction of boiler plants, or for inspection
of plans for repairs or alterations, one dollar; for examination of
plant after its construction, reconstruction or alteration, and
before its operation, two dollars. The fee paid for the inspection
or examination shall include the issuance of
aermit or
certificate
ificate
in case suchermit or
p certificate isranted
g 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 permit 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 any such permit, from prosecution
on account of the emia,tnn n'�
by any such person or corporation.
Section 6. The Building Inspector and his deputies are hereby
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authorized., in the performance of their duties,, to enter at all
reasonable hours upon and into any buildings, establishments,
premises and enclosures in or from which they may believe that the
7 IIprovisions of the ordinance of the City of Salina, or of any act
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of the Legislature of the State of Kansas, relating to smoke abate-
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ment have been or are being violated, and to inspect or examine such
jj 11 buildings, establishments, premises or enclosures in order to as-
certain 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 or could be prevented. Any
person who shall interfere with the Inspector or any of his deputies
or employes, in the discharges 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, establishments, premises
or enclosures in the discharge of their duties shall be deemed guilty
of a misdemeanor 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.
Section 7. It is hereby made the duty of all patrolmen and
officers of the police force of the City to assist said building
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 know-
ledge. It shall be the duty of said Chief of police to report
violations to said Inspector as soon as practicable after such
reports are received by him.
Section a- Any violation of the provisions of this ordinance
for which a penalty is not provided shall. be deemed a misdemeanepr
and the person, firm or corporation guilty thereof shall upon con-
viction be subject to a fine Of not less than twenty five dollars
no re more than one hundred dollars for each offense.
Section 9. This ordinance shall take effect and be in force
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as to all new plants or plants hereafter constructed, from and
after its publication in the official City paper, and as to all
plants now in use, this ordinance shall take effect 90 days after
such publication.
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Guy T. Helvering
Mayor
Attest:
Cas Banker
Chas* E
City e
3' Clr
STATE OF KANSAS
COUNTY OF SALINE SS
I, Chas. E. Banker, City Clerk of the City of Salina,
Kansas, do hereby certify that the above and forming is a true
and correct copy of Ordinance No. 3524 passed and approved by the
Board of Commissioners of the City of Salina, April 23rd, 1925 and
a record of the vote on its final adoption is found on page �1 S
of Journal No. 11
City Clerk
(Published in the Salina Journal
ORDINANCE NO. 3524
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1928)
AN ORDINANCE relating to and prohibiting the emission or discharge
into the open air of dense smoke within the City of Salina,
declaring such emission or discharge to be a public nuisance,
providing for the abatement thereof, providing for the con-
struction or reconstruction of furnaces and boilers, and
attachments thereto, for the purpose of.preventing the emission
or discharge of dense smoke therefrom, providing the method
for the enforcement of this ordinance and providing a penalty
for the violation thereof.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. 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 established except private residences designed
for occupancy by not more than two families.
Section 2. 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 similar machines or contrivances, or from any building 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 same manner as other
public nuisances. Any person, firm or corporation owning or causing
to be operated any locomotive, 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 nor more than one hundred dollars, and each day during which
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such smoke shall be emitted or discharged shall constitute a
separate 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 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.
Section 3. 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 speci-
fications for the erection of new furnaces, breeching and stacks
for producing light, heat or power, for the reconstruction or
alteration of old furnacss, breeching and stacks for such purposes
must be submitted in duplicate and approved by the Building Inspector,
before the work of erection, reconstruction or alteration is begun.
When said Inspector has issued a permit as above provided 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.
Section 4. It shall be unlawful for any person to use any new
or reconstructed boiler plant for the production and generation of
light, heat or power until the Building Inspector shall have issued
a certificate to the owner or user showing that the construction or
reconstruction 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,
device or chimney, shall first submit to said Inspector plans and
specifications covering the work contemplated and secure a permit
from him, provided, however, that minor necessary repairs which
do not make any substantial change affecting smoke emission, may
be made by or under the direction of the engineer in charge of
said plant without a permit.
Section 5. The Building Inspector shall collect the following
fees and issue receipts therefor: For inspection of plans fot the
construction or reconstruction of boiler plants, or for inspection
of plans for repairs or alterations, one dollar; for examination
of plant after its construction, reconstruction or alteration, and
before its operation, two dollars. The fee paid for the inspection
or examination shall include the issuance of a permit or certificate
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in case such permit or certificate 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 permit or certificate shall not be
held to exempt any person or corporation to w hom any such permit
has been issued or delivered, or who is in possession of any such
permit, from prosecution on account of the emission or issuance of
dense smoke, caused or permitted by any such person or corporation.
Section 6. The Building Inspector and his deputies are hereby
authorized, in the performance of their duties, to enter at all
reasonable hours upon and into any buildings, establishments,
premises and enclosures in or from which they mqy 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 abate-
ment have been or are being violated, and to inspect or examine such
buildings, establishments, premises or enclosures in order to ascer-
tain 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 or could be prevented. Any person who
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shall interferie 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, establishments, premises
or enclosures in the discharge of their duties shall be deemed guilty
of a misdemeanor 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.
Section 7. It is hereby made the duty of all patrolmen and
officers of the police.force of the City to assist said Building
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
report violations to said Inspector as soon as practicable after
such reports are received by him.
Section 8: Any violation of the provisions of this ordinance
for which a penalty is not provided shall be deemed a misdemeanor
and the person, firm or corporation guilty thereof shall upon con-
viction be subject to a fine of not less than twenty five dollars
nor more than one hundred dollars for each offense.
Section 9. This ordinance shall take effect and be in force
as to all new plants or plants hereafter constructed, from and
after its publication in the official city paper, and as to all
plants now in use, this ordinance shall take effect 90 days after
such publication.
Attest;
fa
Introduced April 16th, 1928
Passed --- Apri