No person, other than authorized city employees, shall dig or excavate any hole, ditch, trench or tunnel in or under any street, alley, sidewalk, park or other public property or public easement through private property without first having secured a permit for such excavation. Application shall be made to the city clerk.
(Code 1973, 16-201; Code 1983)
(a) No permit authorized in this article shall be issued until the applicant has given to the city a good and sufficient bond in the sum of $5,000 conditioned that the applicant will faithfully comply with all the terms and conditions of this article, and will indemnify and hold the city harmless against all costs, expenses, damages and injuries by persons or by the city sustained by reason of the carelessness or negligence of the permit holder 0 No bond for this purpose shall run for longer than two years without being renewed. The bond shall remain in full force and effect as to each excavation for two years after the same has been made or completed.
(b) Any utility operating under a franchise or a contractor under contract with the city for municipal improvement shall not be required to give bond as provided in subsection (a).
(c) Each bond given under this section shall be approved by the city attorney and filed with the city clerk.
(Code 1983)
If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $15. Each permit issued under the provisions of this section shall cover only one specified excavation.
(Code 1973, 16-202; Code 1983)
Any person to whom an excavation permit is issued shall enclose all excavations wh.ich they make with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation permit shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completion of the same.
(Code 1973, 16-204; Code 1983)
(a) No person shall cut any curb, gutter, pavement, blacktop, sidewalk or excavate any street, alley or other public grounds of the city for any purpose without first obtaining a permit authorizing the same from the city clerk.
(b) Once the work for which the excavation was made has been completed the city shall restore the pavement, blacktop, sidewalk or other surfacing at the expense of the person from whom the excavation was made.
(c) In lieu of the city replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like materials, subject to approval of the street superintendent.
(Code 1973, 16-203; Code 1983)
No person shall change or alter any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or controlled by the city unless such change or alteration has been authorized or directed by the governing body.
(Code 1973, 16-205:206; Code 1983)
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 1983)
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 1983)
(a) No person shall occupy any portion of any street, alley or sidewalk for the purpose of temporarily storing building materials without first obtaining a permit for such temporary use from the governing body.
(b) No person may use any portion of any sidewalk or street right-of-way for the purpose of displaying or offering for sale wares, goods, merchandise or other items. Nothing in this article, however, shall be construed as prohibiting the city governing body from waiving the prohibition of this subsection in connection with community promotions or community-wide celebrations when such waiver is considered to be in the best interest of the city.
(Code 1973, 16-303; Code 1983)
(a) Any owner or operator of any business located in any of the following zoned areas? as set out in the zoning ordinance incorporated by section 19-201 of this code: C-l, C-2, C-S, I-1, I-2, and I-P is hereby granted the right to utilize any sidewalk adjacent to his, her or its building or business for the purpose of temporarily placing goods, wares and merchandise thereon for display purposes, provided such goods, wares and merchandise are located on said sidewalk adjacent to the business building and in such a manner as to not impede the flow of foot traffic on the sidewalk past the business place.
(b) The city inspector of the city is hereby empowered to inspect such display of goods, wares and merchandise and to administratively determine if the location thereon is in conformity with the intent and purpose of the provisions of subsection (a).
(c) Upon notice to the business involved by the city inspector that such business is not in conformity and upon its failure to comply with subsection (a) and upon conviction thereof, shall be fined in an amount of not less than $25 nor more than $500.
(Ord. 1197, Sec. 1:3)
It shall be unlawful for any person to place, throw or cause to be placed or thrown in or on any street, alley, sidewalk or other public grounds of the city, any glass, tacks, nails, bottles, wire or other dangerous objects that might wound any person or animal, or cut or puncture any pneumatic tire while passing over the same.
(Code 1983)
It shall be unlawful for any person, firm or corporation to deposit or throw any waste oil, fuel oil, kerosene, gasoline or other products of petroleum or any acids 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 1973,16-209; Code 1983)
It shall be unlawful for any person, firm or corporation to throw or discharge water into any ditch, street, avenue or alley in the city or to cause any water to stand or form pools or to flow in a stream thereon. This section shall not apply to persons cleaning or flushing such streets, avenues or alleys under the authority of the governing body, nor to members of the fire department.
(Code 1983)
It shall be unlawful for any person to make or cause to be made, any fire upon any of the paved streets, alleys, or street intersections within the city.
(Code 1973, 16-304; Code 1983)
It shall be unlawful to throw or bat any ball, stone, or other hard substance into, on or across any street or alley or at or against any building or vehicle.
(Code 1983)
It shall be unlawful to haul over the streets or alleys of this city any loose material of any kind except in a vehicle having a tight box so constructed as to prevent the splashing or spilling of any of the substances therein contained upon the streets or alleys.
(Code 1973, 16-308; Code 1983)
It shall be unlawful for any railroad company or any person operating a railroad in the city, to allow its trains, engines or cars to stand upon any crossing or street in excess of five minutes at any one time without leaving an opening in the traveled portion of the street or crossing of at least 30 feet wide.
(Code 1973,16-310; Code 1983)
It shall be unlawful for the conductor or engineer of any train, engine or moving cars not preceded by an engine to cross any street, alley or public place without causing a person to be stationed upon the end of the first car or at the crossing to warn of the approaching cars.
(Code 1983)
It shall be unlawful for any person, firm or corporation, either as owner, lessee or otherwise, to construct, or cause to be constructed upon any tract, lot, or parcel of ground adjacent to Wichita Avenue within the city limits or on Fossil Street (U.S. Highway No. 281) between Wichita Avenue and Jewell Street, any filling station or other drive-in designated, intended or used for the purpose of selling gasoline, oil or any commodity or service whatsoever in such a manner that the occupant or operator of such a motor vehicle may obtain such gasoline, oil, commodity or service without leaving. his or her automobile, unless all fuel pumps, buildings, structures and appurtenances, incidental to the selling, dispensing or delivering of such gasoline, oil, commodity or service, shall be located at least 12 feet back and away from the right-of-way line of said highways in the city.
(Code 1973, 16-311)
(a) Any property owner wishing to utilize any part or portion of the street right-of-way adjacent to property owned by the property owner shall first submit to the director of public works of the city, an application on forms to be provided by the city, setting forth the type and nature of the project, the amount of right-of-way to be included in the project, the total expenditure therefor, and such other information as may be prescribed by the public works director.
(b) No property owner shall commence any project of beautification on street right-of-way without first obtaining the permission of the public works director and complying with the provisions of this article.
(c) The property owner desiring to utilize street right-of-way for beautification purposes shall sign a form to be prepared by the city recognizing the ownership of the right-of-way and agreeing to remove the beautification project in the event the same becomes necessary because of the city having to utilize said right-of-way for street purposes or utility purposes, and further agreeing that any damage that may be done to the project by the city in the utilization of the right-of-way will be the sole responsibility of the property owner.
(d) Any property owner utilizing street right-of-way, belonging to the city for beautification purposes without first obtaining the written consent of the city, as provided herein shall upon conviction thereof be fined in an amount of not less than $25 and not more than $500 which shall be in addition to any damages that may be suffered by the city or any other legal action which may be available to the city to reclaim the possession of the street right-of-way from any adjacent property owner.
(Ord. 1373, Sec. 1:4)
ARTICLE 3.
HOUSE NUMBERING
Buildings and building sites in the city shall be numbered in accordance with the rules and regulations hereinafter set forth.
(Code 1973, 16-401)
The principal base line for numbers of building sites on the streets running north and south shall be Wichita Avenue (U.S. Highway No. 40). The word “North” shall prefix the names of all streets lying north of Wichita Avenue, and the word “South” shall prefix the names of all streets lying south of Wichita Avenue.
(Code 1973, 16-402)
The principal base line for numbers of buildings and building sites on the streets running east and west shall be Main Street. The word “East” shall prefix the names of all streets lying east of Main Street and the word “West” shall prefix the names of all streets lying west of Main Street.
(Code 1973, 16-403)
The hundred in any number assigned to any building or building site shall indicate approximately the number of blocks the building or building site is from one of the principal base lines indicated in section 16-302 and 16-303.
(Code 1973,16-404)
Building and building sites shall be so numbered that only:
(a) Even numbers shall appear on the south and west sides of the streets;
(b) Odd numbers shall appear on the north and east sides of the street.
(Code 1973, 16-405)
The counting shall not exceed one number to each 13.2 feet.
(Code 1973, 16-406)
In case of doubt or where a question arises as to the proper number to be assigned to any lot or building the city inspector shall decide the question and fix the number of such lot or building. When the city inspector shall issue a building permit or a building-:-moving permit, it shall be his or her duty to assign a number to the building to be erected or located on the lot or lots and he or she shall enter the proper number on the permit issued by him or her.
(Code 1973, 16-407)
All buildings now or hereafter erected fronting on any street shall have conspicuously placed on such building, the number provided by this article. All buildings that may be erected or relocated after the taking effect of this article shall be numbered as herein provided and within 30 days after their completion.
(Code 1973, 16-408)
The figures of each number put on any building shall not be less than two inches in length and shall be placed on, or above, or by the side of the front door of such building.
(Code 1973, 16-409)
Any person or persons violating any of the provisions of this article or who shall remove, destroy, or in any way injure any number put on any building shall, upon conviction thereof, be fined in a sum of not less than $25 nor more than $500.
(Code 1973, 16-410)
ARTICLE 4.
HOUSE MOVING
It shall be unlawful for any person, firm, or corporation to move any house, building or other structure with a floor area in excess of 200 square feet upon, across, or through any street, alley or sidewalk in the city without first having obtained a permit therefor: Provided, That no permit shall be granted to move any building which is wider than the paved or improved portion of any street extending from curb to curb, or to move such structure over any street or public way which will destroy or damage any trees in the parking adjacent to such street or public ways: Provided further, That when such moving is otherwise lawful and trees in the parking will interfere with such moving, the mover must secure the permission of the owners of the property abutting such parking to cut or trim the trees before any permit shall be issued.
(Code 1973, 16-501)
All applications for permits shall be made to the office of city inspector. The application shall specify the day and the approximate hour the moving is to commence, the place from and the place to which the structure is to be moved, a description of the structure and the route through the city over which the moving is proposed to be made. The application shall be made at least 15 days prior to the commencement of the moving. If it is necessary to cut down or move any poles, or to raise or cut or in any way interfere with any wires or cables or to cut or trim any trees or to remove any street signs or other structures thereon, the application shall so state and give the location of such poles, wires, trees and other obstructions. The fee for a permit shall be $15.
(Code 1973, 16-502)
The applicant for a moving permit shall give at least 15 days notice to the person, firm, or corporation, other than the city, owning or in charge of any poles, wires or cables necessary to be cut, moved or raised, and when it will be necessary to trim or cut any trees, give evidence that the mover has permission from the owner or abutting property owner to cut or trim such trees.
(Code 1973, 16-503)
It shall be the duty of such persons, firms or corporations, receiving or having notice of the moving of any building or structure, to furnish a sufficient number of competent workmen at the time specified in such notice to remove poles, to raise or cut wires or cables or to move other obstructions as may be necessary for the moving of the structure. The necessary and actual expenses incurred in doing all such work and to replace the same shall be paid in full by the holder of the moving permit.
(Code 1973, 16-504)
It shall be unlawful for any person, firm or corporation having a moving permit to raise, cut, remove or in any way interfere with any poles or wires and other obstructions in the street unless such person, firm or corporation owning or maintaining the same shall refuse to remove, cut or raise the same after having been notified(in which case the necessary work to clear the moving route shall be done under the supervision of the public works director.
(Code 1973, 16-505)
The city reserves the right and authority to prescribe and direct the route over which any house, building or structure is to be moved through the city. The city manager shall cause an investigation to be made of the proposed route before granting the permit, and if the route is impracticable, he or she may designate some other route.
(Code 1973, 16-506)
If during the course of any moving it shall be necessary to leave the building or structure in any street or public way of the city during the nighttime, it shall be the duty of the permit holder to display red lanterns or flares about such structures during the nighttime and to cause suitable barricades to be erected to guard such structure, and to protect persons passing by such structure.
(Code 1973, 16-507; Code 1983)
The city inspector shall require any person, firm or corporation having a moving permit to execute a good and sufficient surety bond in favor of the city in the amount of $3,000, to be approved by the city manager conditioned to indemnify the city against any loss or damage to its streets or other property or against any claim for damage against the city resulting in any way from the moving of such structure. The city manager may accept in lieu of such a certificate or statement of the insurance carrier of any licensed mover that such mover has authority from the Kansas Corporation Commission to engage in house moving and that the mover is fully insured for such purposes.
(Code 1973, 16-508)
It is hereby expressly provided that this article shall not, in any way interfere with, modify or abrogate the terms of any franchise or contract to which the city is a party.
(Code 1973, 16-509)