CHAPTER XIII. STREETS AND SIDEWALKS
Article 1. Sidewalk Construction
Article 2. Driveways, Culverts
Article 3. Use Regulations
ARTICLE 1. SIDEWALK CONSTRUCTION
13-101. SIDEWALKS GENERALLY: PLANS; SPECIFICATIONS. All sidewalks in the City of Hugoton shall be constructed, repaired and reconstructed according to plans and specifications adopted by the governing body and on file in the office of the city clerk. The plans and specifications are incorporated by reference as if fully set out herein. (Code 1971)
NOTE: Construction of sidewalks in all cities is governed by K.S.A. 12-1801:1816; see general improvement and assessment law, Chapter 12, Article 6a, Kansas Statutes Annotated, as amended.
13-102. SIDEWALK WIDTH. All sidewalks in the city shall be not less than 48 inches in width: Provided, That where the governing body deems it necessary or advisable, it may order a sidewalk to be constructed of a greater width. (Code 1971)
13-103. SIDEWALK LOCATION. All sidewalks shall be located in the street right-of-way of the city with the edge one foot from the property line of adjacent lots or as determined by the governing body: Provided, That in the business district a sidewalk may extend from the property line to the curbline as may be ordered by the governing body. (Code 1971)
13-104. WALKWAYS; RIGHTS RESERVED. Walkways or landing strips may be constructed behind curbs within the street parking and constructed as provided by the preceding sections of this article: Provided, that the city reserves the right to remove such walkways or landing strips in order to service water mains, water service lines, valves, hydrants or other utilities and it shall be the responsibility of the property owner to replace the same at his own expense. (Code 1971)
13-105. WALKWAY SPECIFICATIONS. Walkways or landings adjacent or parallel to curbing shall be constructed in accordance with the following specifications:
(a) Each walkway or landing strip shall be four feet in width and constructed on a grade line of not less than the top of curb back.
(b) Each walkway or landing strip shall be constructed of concrete of not less than five inches in thickness and mixed in approximate proportions of one part cement, two parts fine aggregate and three parts coarse aggregate with a maximum of six gallons of water per sack of cement.
(c) Concrete shall be placed immediately after mixing, tamped and struck off with a template and floated with a wooden float until the surface has a true contour taking care not to bring to the surface an excess of water and fine sand by over finishing.
(d) Each walkway or landing strip shall be cut into separate rectangular slabs not greater than six feet in length and the surface of each slab shall be rounded to a one-fourth inch radius with markings exactly as cuts between slabs. (Code 1971)
13-106. CONSTRUCTION AND REPAIRS BY OWNER OR CITY. (a) The governing body may by resolution order sidewalks reconstructed or repaired when in its judgment the same is necessary. The governing body may by resolution order sidewalks constructed upon receipt of a petition signed by 25 resident property owners in any precinct of any ward praying for construction of such sidewalks within that area.
(b) It shall be the duty of the city clerk to serve a written or printed notice to construct or reconstruct as contemplated by K.S.A. 12-1805 or cause such a notice to be served on the owner or authorized agent for the owner of the property in front of which or adjacent to which the new sidewalks have been ordered constructed or sidewalks have been ordered reconstructed or repaired under subsection (a) of this section.
(c) If a sidewalk is not constructed, reconstructed or repaired within the time provided in the notice required by subsection (b) of this section, the same shall be done by contract or by the city and costs thereof levied against the property. If the costs levied under this subsection are not paid the city clerk shall, at the time of certifying other taxes to the county clerk, certify the costs, which shall be paid to the city as other city taxes are collected and paid.
(d) A duty exists upon the owner of any property abutting on any sidewalk to keep the same repaired, but the city may, as provided in this section, make the necessary repairs. Such repairs may be made without notice to the property owner if the abutting lot or piece of land is unoccupied. (K.S.A. 12-1808; Code 1971; Code 1982)
13-107. STATUTORY LIEN BOND. The governing body may require the contractor to furnish sufficient surety bond for the faithful performance of any contract let by the city for the construction of any sidewalk in accordance with the plans, specifications, laws and ordinances of the city. (Code 1971)
13-108. PENALTY. If any property owner or his or her agent shall construct any sidewalk in violation of the provisions of this article, he or she shall, upon conviction, be fined in any sum not more than $100, or be imprisoned for not more than three months, or be both so fined and imprisoned. The sidewalk may be condemned by the governing body and torn out and rebuilt, with the costs assessed to the property owner or contractor and if unpaid, certified as a lien against the property in accordance with Section 13-106(c). In the case of violation by a contractor, no payment shall be due or made for such improperly constructed sidewalk. However, if the governing body believes that the sidewalk as constructed is as good as a sidewalk meeting the required specifications, it may accept the sidewalk as constructed. (Code 1971)
ARTICLE 2. DRIVEWAYS, CULVERTS
13-201. CUTTING, PAVEMENT, CURBS, SIDEWALKS. Hereafter it shall be unlawful for any person, firm or corporation to break, cut or remove any permanent pavement, curb and gutter or sidewalk in the city without a permit from the city inspector: Provided, That a permit for any such purpose may be authorized by the city inspector to be issued upon the approval of the outside utilities supervisor at the time a permit is issued for the construction or moving of any building or for the installation of building sewer drains or water mains. All pavements, curb and gutter or sidewalks shall be rebuilt or restored by the permit holder according to the specifications therefor or as may be required by the governing body at the same time the permit is issued: Provided further, That when it is proposed to construct any driveway entrances or to install any culvert, the further provisions of this article shall apply. (Code 1971)
NOTE: Authority of city over streets, K.S.A. 12-848:850.
13-202. PERMIT REQUIRED. It shall be unlawful for any person to remove or cause to be removed any curb, curbing or gutter or portion of curbing or gutter upon any street within the city, for the purpose of the construction of driveway entrances to residential and business properties without a written permit therefor being first obtained from the city inspector. All construction of driveways shall be done under the supervision of the city inspector. There shall be no charge against the property owner or contractor for such supervision or engineering. (Ord. 345, Sec. 1)
Ref.: Where street also is state highway, a permit must be secured from State Department of Transportation. (K.S.A. 68-406)
13-203. CONSTRUCTION, DRIVEWAY ENTRANCES; REGULATIONS. The construction of driveway entrances shall be authorized upon proper application for written permit and in accordance with the following requirements:
(a) Removal of curb and gutter. The entire curb and gutter section shall be removed, removal beginning and ending at the existing cut in the curb and gutter or at an existing expansion joint.
(b) Size of driveway aprons. The minimum size of driveway apron constructed shall be 16 feet in width at the back of the curb and 12 feet in width at a distance of four feet behind the curb, and six inches in thickness, as shown by drawings on file with the city clerk, which are incorporated herein by reference as though fully set forth herein. The width of the apron may be increased to fit existing or proposed driveway widths.
(c) Construction. The subgrade shall be excavated to the required grade and all boulders, organic material, soft clay, or other objectionable materials removed and replaced with approved material. The subgrade shall than be shaped and rolled and uniformly compacted to the elevation, cross section and shape, as shown by drawings on file with the city clerk.
(d) Forms. Forms shall be steel or wooden, straight, free from warps and of sufficient structural strength to properly maintain position. The forms shall be securely staked so that they will maintain proper position and alignment when concrete is placed.
(e) Subgrade. Prior to placing concrete, the subgrade shall be moistened.
(f) Approval. Prior to placing concrete, approval by the city inspector shall be obtained to insure adherence with these specifications.
13-204. SAME. (a) Concrete. Concrete shall be composed of a mixture of Portland cement, sand, gravel or crushed stone, and water. All such materials shall be from an approved source, shall be of a quality that is first grade throughout, and shall meet the requirements of the standards of the American Society for Testing Materials, as they may apply, and as recommended by the American Concrete Institute. The materials, as well as the proportions in which they are combined, shall meet the approval of the city inspector. Concrete shall comply with the following limiting requirements.
(1) Not less than six sacks of cement shall be used in every cubic yard of concrete. Type I or Type II cement, with air entrainment shall be used;
(2) Not more than six gallons of water shall be used for each sack of cement. Water shall be clean and free from oils, alkalies, etc.;
(3) Within the above limits, the freshly mixed concrete shall be of proper workability and consistency when placed in the forms;
(4) Mixing of concrete shall be thoroughly done in a batch mixer, and for a period of not less than one and one-half minutes or by other methods approved by the city inspector;
(5) Tamped or vibrated concrete shall have a slump of not less than one inch or more than three inches. Hand spaded or puddled concrete shall have a slump of not less than three inches or more than five inches;
(6) Proposed mix shall be tested, if requested by the city, to insure that it will have a compressive strength of not less than 3,000 psi, under standard laboratory conditions at age of 28 days.
13-205. SAME. (a) Reinforcing. The entire driveway apron shall be reinforced with six inch by six inch wire mesh, placed at the horizontal centerline of the concrete slab.
(b) Expansion joints and contraction joints. Expansion joints shall be placed along the back of the apron and at each end of the apron, as shown by the drawings on file with the city clerk. Joints shall be one-half inch premoulded, nonextruding type, approved by the outside utilities supervisor.
Contraction joints shall be constructed at the centerline of the apron and at the ends of the apron, as shown by the drawings on file with the city clerk. Joints shall be constructed by cutting the slab to a depth of approximately three inches.
(c) Concrete placement. The concrete mixed to proper consistency shall be placed in the forms and spaded and tamped to secure maximum density and to bring mortar to the surface.
(d) Finishing. The surface shall be finished with wood float and/or broom and all exposed edges shall be rounded with one-fourth inch radius finishing tool. All flow lines shall be tested with a 10-foot straight edge and any variation of over one-eighth inch shall be corrected. The flow line shall be constructed in such a manner to insure flow in one direction only, and to meet the existing flow lines of the curb and gutter at each end of the project.
(e) Curing. The concrete should be kept moist for at lease five days after placement, unless an approved curing compound is used.
(f) Cold weather. No concrete should be placed on frozen subgrade. No concrete shall be placed when the temperature is below 40 degrees Fahrenheit, and if the temperature falls after concrete is placed it shall be properly protected against freezing. (Ord. 345, Sec. 2:3)
13-206. BARRICADES REQUIRED. On the cutting or removal of any permanent paving and the making of any excavation in the streets or public ways of the city or any other excavations therein, the same shall be guarded and protected by suitable barricades during the daytime and in the nighttime by barricades and lights protecting and showing the extent of the excavations as may be directed by the outside utilities supervisor: Provided, That any permit authorizing the opening of any excavation within any street or public way may be granted by the governing body upon the condition that the permittee file a good and sufficient corporate surety bond conditioned that the principal save and hold the city free and harmless from all liability arising in connection with any loss or damage caused by the negligence or failure of the principal to guard and protect any excavation or opening so authorized: Provided further, That where it shall be necessary to close any street, sidewalk or other public way during any public work thereon, the outside utilities supervisor shall cause such street to be closed off by barricades and suitable lights and signs to be placed and maintained. (Code 1971)
13-207. DRIVEWAY ENTRANCES. The owner of any property abutting on any street, or his duly authorized agent or contractor, may in accordance with Section 13-201 of this article cut and remove any curb and remove any sidewalk to construct a driveway entrance to his premises. The sidewalk shall be reconstructed and replaced in accordance with the specifications required by ordinance for driveway entrances across sidewalks. The curb shall be entirely cut and removed and the curb at each side of the entrance shall be replaced by section curb rounded off on a radius of three feet. The driveway entrances shall not be constructed to change any established sidewalk grade or to lower or raise any natural grade of the portion of the street reserved for the building of sidewalks except with the prior approval of the outside utilities supervisor. (Code 1971)
13-208. CROSSING CURBS UNLAWFUL. It shall be unlawful for any person to drive any vehicle over or across any curb or curb and gutter where there is no established or improved driveway entrance or drive across any sidewalk when the same is not constructed as a part of the driveway entrance. (Code 1971)
13-209. CONSTRUCTION OF DRAINAGE CULVERTS. It shall be unlawful for any person to place any building materials such as stones, planks, dirt, sand or gravel in any gutter or drainage ditch or in any other manner to interfere with the natural drainage of any ditch or drain. The owner of abutting property, when it shall be impracticable to open or construct an entrance across any such ditch or drain, on application to and approval of the governing body, may construct or install a culvert crossing. The governing body of the city may, if it deems it necessary, prepare a resolution declaring it necessary to construct a culvert (or culverts) on a uniform line and grade and of a proper size to handle drainage at any private driveway entrance or entrances onto any street of dirt, sand or gravel constructed in the city. The owner of abutting land shall pay the cost of all culverts in the manner provided by law. K.S.A. 12-2301:2305; Code 1971)
ARTICLE 3. USE REGULATIONS
13-301. BLOCKING SIDEWALKS; EXCEPTIONS. It shall be unlawful for any person to build or construct any step or steps or other obstruction, whether temporary or permanent, or to store, leave or allow to be left any implements, tools, boxes, merchandise, goods, cans, crates, corn poppers, peanut roasters, ice cream containers, benches, chairs, display or show cases, on any sidewalks or other public ways in the city or to block the same longer than is necessary for loading or unloading any such article or object. The governing body may authorize the granting of temporary permits in connection with building or moving permit for limited times only to the owner of property abutting on any sidewalk to use or encumber such sidewalk or public way of the city during the construction of any building or improvement thereon. No such permit shall be issued for such purpose until plans for warning and safeguarding the public during such use of sidewalks shall have been submitted by the owner or his contractor and approved by the governing body. (Code 1971)
13-302. BARRIERS AND GUARDS. It shall be the duty of every person having charge of any construction or excavation adjacent to or under any sidewalk or street, during the progress of the work, to guard the work securely by a wooden fence or wall attached to posts firmly set in the ground or otherwise securely fixed in place during the time. It shall further be the duty of all such persons for one hour after sunset to one hour before sunrise to illuminate such excavation or work with warning lights or flares sufficient in number and so placed as to show the full extent thereof. (Code 1971)
13-303. REMOVAL OF BARRIERS AND LIGHTS; UNLAWFUL ACTS. It shall be unlawful for any person except those having authority from the city or any officer thereof, to throw down, interfere with or remove any barriers, barricades or lights placed in any street to guard and warn the traveling public of any construction work thereon or adjacent thereto. (Code 1971)
13-304. UNFINISHED PAVEMENT OR SIDEWALKS. No person shall walk upon, drive or ride over or across any pavement, sidewalk or incomplete grading which has not been opened for traffic. (Code 1971)
13-305. ACTS PROHIBITED IN BUSINESS DISTRICT. It shall be unlawful for any person to ride upon roller skates, or ride in or by means of any coaster, skateboard, toy vehicle, or similar devise, upon any public sidewalk or street within the business district of the City of Hugoton, such business district being defined herein as that area on Main Street from the north intersection of Main and Fourth Streets to the south intersection of Main and Eighth Streets, and that area on Sixth Street from the east intersection of Sixth and Madison Streets to the west intersection of Sixth and Van Buren Streets. (Ord. 458, Sec. 1)
13-306. RESPONSIBILITY OF PARENTS, GUARDIANS. It shall be unlawful for any parent, guardian or other person having the legal care of custody of any minor child under 18 years of age to allow or permit such child to ride upon roller skates, or ride in or by means of any coaster, skateboard, toy vehicle, or similar devise, upon any public sidewalk or street within the business district of the City of Hugoton, Kansas as defined in Section 13-305. (Ord. 458, Sec. 2)
13-307. DANGEROUS OBSTRUCTIONS IN STREETS. It shall be unlawful for any person to place, throw or cause to be placed or thrown in or on any street, alley, sidewalk, park, or other public grounds in the city any beer cans, beer bottles, liquor bottles, or any other cans, glass, tacks, nails, bottles, wires or other dangerous objects that might wound any person or animal, or cut or puncture any pneumatic tire or tires of any vehicle while passing over the same. Any person violating any of the provision of this section shall, upon conviction thereof, be fined not exceeding $100 or be imprisoned for not more than 60 days, or be both so fined and imprisoned. (Code 1971)
13-308. LITTERING UNLAWFUL. It shall be unlawful for any person to place, throw, or deposit or cause to be placed, deposited or left in or on any street, alley, park or public grounds in the city any beer cans, beer bottles, liquor bottles, cans, bottles, dirt, filth, excrement, compost, papers, boxes, ashes, lumber, coal, wood, kindling, grass, weeds, leaves, slops, or litter of any kind. Any person violating any of the provisions of this section shall, upon conviction thereof, be fined not exceeding $100 or be imprisoned for not more than 60 days, or be both so fined and imprisoned. (Code 1971)
13-309. HARMFUL PRODUCTS IN STREET. It shall be unlawful for any person to deposit or throw any waste oil, fuel, oil, kerosene, gasoline or other products of petroleum, any acids or salt water into or upon any street or public grounds of the city, or willfully to permit the same to be spilled, dripped or otherwise to come into contact with the surface of any street, alley or sidewalk within the city. (Code 1971)
13-310. JUNK DEPOSIT. It shall be unlawful for any person to store, deposit, or to accumulate or abandon any old iron, machinery, vehicles of any kind, vehicle bodies or parts thereof, or junk of any kind, in or upon any sidewalk, street, parking, alley or public grounds within the city. (Code 1971)
13-311. BURNING IN THE STREETS. It shall be unlawful for any person to accumulate or burn any leaves, trash or any other combustibles in or upon any street, alley or public way within the city. (Code 1971)
13-312. DISCHARGING WATER ON STREETS. It shall be unlawful for any person to discharge a stream of water upon the streets, avenues or alleys within the business or industrial districts of the city or to cause any water to stand or form pools or to flow in a stream thereon: Provided, That this section shall not apply to persons cleaning or flushing such streets, avenues or alleys under the authority of the outside utilities supervisor, nor to members of the fire department of the city. (Code 1971)
13-313. CURB PUMPS UNLAWFUL. It shall be unlawful for any person to place or construct any gasoline service pump or device, or any air compression device in the parking of any street, or adjacent thereto, so that it would be necessary to receive service or to use any portion of the street, while any vehicle is parked or standing on a sidewalk, street or alley of the city. (Code 1971)
13-314. AWNINGS AND SIGNS; PERMITS. It shall be unlawful for any person to construct, install or maintain any awning, canopy, marquee or any other projecting structure over any sidewalk or street which is lower than seven feet above the sidewalk, or which is supported in whole or in part by posts or other supports set in the sidewalk, street or adjacent parking. It shall be further unlawful to place or set any advertising sign or structure in or upon any poles or supports affixed to any sidewalk, street or structure within the parking: Provided, That it shall be unlawful for any such person to erect or place any sign or other structure for advertising or other purposes that block any street or sidewalk without first obtaining a permit from the governing body. (Code 1971)
13-315. ENCROACHMENTS. It shall be unlawful except as hereinafter provided, for any person to erect, construct, install, place, maintain or allow to remain or to permit the erection, construction, installation, placing, maintenance or remaining of any encroachment upon or above the right-of-way, or any portion thereof of a public street or of City Connecting Links of the Kansas State Highway System described as follows:
(a) Main Street from First Street to Eleventh Street;
(b) Eleventh Street from west city limits to a point 430 feet east of the junction of Washington Street. (Code 1971)
13-316. ENCROACHMENT DEFINED. The word "encroachment" when used in this article, shall mean and include any sign (both fixed and portable), awning, canopy, or marquee, billboard or other advertising device, merchandise stand or display, building, fence or other structure or other use for private purposes of any character, including the storage of vehicles, which exists in or rests upon or projects above the right-of-way or any portion thereof of a public street.
13-317 ENCROACHMENT; EXCEPTION. In established business districts on the streets where the buildings are at the property line and are continuous or very closely spaced, overhead encroachments are permitted under the following conditions:
(a) Awnings, canopies, marquees and similar installations supported wholly from the face of the building: Provided, the edge of such encroachment be not less than three feet back of the face of the curb and is in conformance with all other provisions of this article. Replacement or new installation of the encroachment may be made upon approval of proper permit by the city inspector.
(b) Advertising or other similar signs supported wholly from the front of the buildings shall be permitted to remain in place until such time that they become functionally or structurally obsolete. The signs shall then be removed except as provided in subsection (c).
(c) The replacement of obsolete or installation of new advertising or other similar signs attached to the building: Provided, such signs are parallel to the building and the overhang does not exceed one foot.
(d) In the event the encroachments referred to in (a), (b) and (c) above by reason of color or placement, obscure or in any way detract from the effectiveness of highway signs or traffic signals, the city may cause the removal of such encroachments in the manner hereinafter provided for the removal of an encroachment in violation of this article.
(e) The provisions of (a) and (b) above, permitting certain encroachments, shall not apply to business or commercial buildings outside the central business district. (Code 1971)
13-318. ENCROACHMENTS PERMITTED. The following encroachments which exist in, or rest upon, any right-of-way are permitted:
(b) Sprinkler systems.
(c) Mail boxes.
(d) Retaining walls with prior written approval of the city inspector, and if such wall does not exceed twelve inches (12”) in height above the ground on the side with the highest elevation.
13-319. ENCROACHMENTS PROHIBITED. The use of street right-of-way by owners or lessees of abutting property for the storage of vehicles is hereby prohibited. (Code 1971)
13-320. ENCROACHMENTS SUPPORTED FROM THE GROUND. All encroachments as defined in section 13-317 supported from the ground within the business district on the streets shall be removed as hereinbefore provided. (Code 1971)
13-321. ENCROACHMENTS; STORAGE, DISPLAY OF MERCHANDISE. The use of sidewalks or other areas of the right-of-way for the storage or display of merchandise, except during times of business district-wide sidewalk sales, is prohibited on the streets. (Code 1971)
13-322. ENCROACHMENTS; REMOVAL. Whenever any encroachment exists in violation of the provisions of this article, the governing body shall direct the city clerk to forthwith issue notice requiring the removal of such encroachment within a time to be specified in such notice. If the owner of such encroachment, or his agent, is known, the notice shall be a written notice served in person or by mail upon the owner or agent. If the owner or agent is unknown, such notice shall be published once in the official city paper. If the owner or his agent shall fail or refuse to remove the encroachment within the time fixed in the notice, the city shall cause the encroachment to be removed. The cost of such removal shall be assessed against the property and shall be certified to the county clerk and collected in the same manner as other taxes. (Code 1971)
13-323. ENFORCEMENT; ABATEMENT OF NUISANCE, OBSTRUCTIONS. It shall be the duty of all officers of the city to enforce the provisions of this article by abating or removing any nuisance, encroachment or other obstruction found or located in any street, avenue, alley or other public ground contrary to the provisions of this article or the laws of Kansas, by removing or causing the same to be removed by the owner or occupants of lots or grounds abutting, thereon, or by the person placing or maintaining the same. (K.S.A. 12-848; Code 1971)