The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1892-05-20
Ordinance No. 3OS.
TFirst puhlisbed Nav 20. Is9o /


Be Ii ordained by the mayor and councilmen
of the city of lois, Kansas:
SECTION l. That all dead, decaying or putrid
careasses flesh, fish or vegetables; all deposits OF
manure. offal, or other unwholes0me substances
or filth of any kind or description; all filthy or
offensive water or slops, when thrown or con-
Quoted upon any street alley or enclosure. so Is
to be offensive to the sight or smell. or unwhole-
some: all privies or slaughter houses that have
become or hereafter may become offensive from
use or other cause; all cellars. stores or other
buildings. or places, which are not kept free
from all filthy and unwholesome substances; al
stock pens feeding pens or other places that are
permitted to become. or to be, offensive to the
sight or smell. or injurious to the health OF the
people; all deposits or substances that are lab
to cause or engender disease: any lot or place
retaining water until II becomes stagnant; any
fence. building, erection, thing or substance
placed upon or being upon any street Sidewalk.
alley or public ground, except as permitted by
the ordinances of said city as to Obstrilct the
same; any building. erection, or place, kept es-
tablished or used for any purpose prohibited bY
any law OF the State or ordinances OF the city
relating to the sale or keeping of intoxicating
liquors; all awnings, porches sheds, posts, sup
ports columns, signs, sheds or buildings that
are, or hereafter become, in an unsafe condition
amt likely TO endanger or injure the person or
property Of travellers upon any OF the streets or
sidewalks of said city; and any and all acts.
things circumstances, conditions, or places that
are declared TO be nuisances by the laws OF the
State of Kansas or ordinances of the city, are
each and all hereby declared to be nuisances,
and as such are subject to all the provisions OF
this ordinance, unless otherwise specially pro-
vided for by other ordinance
SECTION 2 Any stOve-pipe, fue or chimney
erected or used in any building, or upon any
premises, within said city, that is, or shall be-
come, in an unsafe condition and likely to cause
or communicate fire TO the building or premises
in or upon which ii Is situated or 20 property Of
auy kind. Is hereby declared to be a nuisance
and shall be subject to the provisions Of this
SECTION 3 1t shall be tho duty of the city
marshal, Whenever ordered by the MAJOR and
councilmen. TO make an inspection Of any or all
stove-pipes. sues or chimneys within said city.
SECTION 1t shall be the duty Of all persons
TO remove and bury beyond the city limits, the
carcasses of all animals dying owned by them, or
within their enclosure or In their possession or
under their control; and whoever shall suffer or
allow the carcass of any animal belonging to
him, or upon his premises or under his control,
or in his possession, which may have died from
any cause, to lie unburied, or draw or deposit
the same upon any other premises or in or upon
any street. alley or other public place within
said city, except it be removing the same from
the city limits, shall be deemed guilty of caus-
ing nuisance AMI upon conviction, shall be
adIudged guilty of Il misdemesnOr and punish
ed as provided in section number eleven OF this
ordinance
SECTION ). Whoever shall so keep any build
ing OF premises as to be injurious to the health
of the people or offensive To the neighborhoOd
or TO any private family or person. or TO the
public health. shall be deemed guilty ofesusing
ished as hereinafter provided
SECTION q. Any lot or parcel of ground wher-
on water becomes stagnant, is declared q nuis-
ance, and the council may by resolution order
the same TO be raised or filled up or drained in
such manner Ii may direct, and q copy Of
such resolution may be served upon the owner
of such parcel of land personally, or by publ
cation IN some newspaper printed in said city,
which notice shall be published for two consec-
utive weeks; and in case of failure to comply
with such resolution within the time named
therein the street commissioner or other person
employed or appointed for that purpose by the
city, shall execute said resolution and order Of
the council. and in such case he shall return to
the council detailed statement of the cost
thereof and of printing or serving said notice,
which costs shall be assessed upon such lot or
parsel of ground and shall be certified to the
county clerk of Allen county, Kansas to be
placed upon the tax roll for collection, subject
TO the same penalties and collected in the same
manner as other taxes are by law collectible.
SECTION :. Each and every barb-wire fence
whether composed of one or more strands of
wire, now existing, or that is hereafter con-
structed, so near to, or upon or along, any side
walk within the corporate limits Of said city,
thatit in anymanner Obstructs, prevents, binders,
delays, impedes annOys, endangers. or Is likely
TO lnJure, the person or property of travellers
upon such sidewalk. is hereby declared to be a
nuisance and shall be subject to all the provis-
ions of this ordinance
SECTION s. 1t shall be the duty of the owner
or occupant of any lot building. or place Of any
Kind where any nuisance exists, to remove de-
Stroy or abate the same without delay; and II
shall be the duty Of the city marshal TO inform
before the police judge against any person or
persons violating any provision of this Ordi-
nance.
sKcTIoN9 Whenever sny carcsss OF any
dead animal. or other offensive substance in
furious TO the health Of the public or Of persons
in the vicinity, thereof il found in ANY place
within the city, for the removal or abatement OF
which no person can be held liable, Il shall be
the duty of the city marshal to remove OF abate
the same at the expense of the city.
SECTION 10. In all cases arising under this
ordinance, whenever it shall appear TO the court
that the nuisance continues at the time Of con-
victiOn. the court shall order and adjudge the
removal or abatement, as the case may require,
Of such nuisance, and shall issue a separate
therefor: and the court shall inquire
into the probable costs of such removal or
abatement and shall tax the costs thereof
against the defendant. such costs in case the
warrant is executed by the marshal shall be
made from the property of the defendant; pro-
vided that the costs of abatement or removal
shall be RENTED if the defendant execute the !
warrant without interference Of the marshal.
SECTION IL. Whoever shall cause, create |
keep OF maintain any nuisance, or permit the !
same to exist in or upon premises owned by him |
Dr. her Nnder his or her control, shall, upon
when no other punishment is pro- |
vided by Ordinance, be punished by \ fine Of
not less than HOO nor more than SO 20 and |
costs of suit and shall be committed to tho city
prison until such fine and costs are paid; and 4
Zach days continuance of such nuisance, after /
shall be deemed a separate otenSe. !
SECTION u. In addition TO the remedies /
1ereinbefOre provided for the removal and |
abatement of nuisances, wherever any nuisance !
defined or referred to by this ordinance is found 1
upon private property the city marshal may
serve upon the owner. occupant or person in |
control of such property, Il notice in writing re-
luiring him or her TO abate remove such |
nuisance within twenty-four hours from the !
lime of service of such notice. which said notice
shall be served by reading the same TO or leav-
ng copy thereof with such owner, occupant or |
)ther person, or by posting a copy of such no.
ice upon the premises or place where such |
nuisance exists; and If such owner, occupant or |
)ther person fails TO remove or abatc such nuiS-
lnce within the time prescribed by said notice. /
I shall be lawful for the city marshal or other 1
PERSONS under his direction. TO enter upon such !
premises and remove or abate such nuisance.
md all personal costs and expenses incurred in I
he abatement or removal thereof shall be paid
~ such owner, occupant or other person in con-
rOl of such premises in addition TO the forfeit
Ire above provided for.
SECTION -. Any person who shall hinder
ielay, impede or obstruct the city marshal. or
,ther person acting under his direction, in the
performance OF any act or duty enjOined upon
uch marshal by this ordinance shall be deemed
yuilty OF misdemeanor. and shall, upon con-
'1ction- be punished by fine of not less than
) 90 nor more than $50 co. and cosIs of suit. and
hall be committed to the city prison until such
inc and costs are paid.
SECTION Il. Ordinances numbered one humid
ed and forty-fOur. one hundred and sixty-six,
me hundred and seventy mine, two hundred
md twenty eight two hundred and eighty
light and all other ordinances and parts Of or
finances, of said city, in conflict with the prOYi-
ions of this ordinance are hereby repealed.
SECTION l5 This ordinance shall take effect
nd be in force from and after its publica-
ion once in THE lola REGISTER.
Approved this 18th day of May. 1892
W. l.. BARTELS. Mayor
1ttest W. A. CUMMINGS City Clerk