Chapter XIII · Streets and Sidewalks

ARTICLE 1. IN GENERAL

Sections 13-101 to 13-114 · 14 sections

13-101 Uniform curb and gutter specifications.

All construction of street curbs, gutters or combinations thereof shall be in conformance with the design criteria, material, specifications and inspection procedures set out in a document entitled, “Uniform Curb and Gutter Specifications for the City of Iola, Kansas,” at least one copy of which shall be filed in the office of the city administrator, and one copy shall be filed in the office of the city clerk. Such copies shall be open for public inspection during all business hours. Such specifications shall be prepared by the city administrator or other person designated by the governing body to so prepare them. Such specifications, before becoming effective, must be approved by the governing body, and specifications may, from time to time be changed or modified by the city administrator with the approval of the governing body. A certified copy of the resolution approving the specifications or any modifications thereof, shall be filed with the copies thereof in the offices of the city administrator and city clerk.

(Code 1988, § 13-301; Code 2016, Sec. 78-1)

13-102 Grades for streets, alleys and sidewalks.

(a)The point upon which the elevations are based for fixing the grades and profile for the streets, avenues, alleys and sidewalks in the city, now or hereafter established, is declared to be the United States Geodetic Survey Benchmark, located in the Courthouse Park in the city, which benchmark has an established elevation fixed by the United States government of 966.48 feet. The grade elevations of all streets, avenues, alleys and sidewalks in the city established with reference to the basis provided in Ordinance No. 437 are hereby made to conform to the new basis adopted and established by this article, by adding to such elevations the constant of 966.48 to constitute the differential between the base established by Ordinance No. 437 and the new base hereby adopted.

(b)No changes of established grades are intended to be made by this article, but it is intended hereby only to establish an existing, reliable benchmark as the basis for such grades now existing, and for changing such grades and establishing new grades hereafter.

(Code 1988, §§ 13-401, 13-402; Code 2016, Sec. 78-2)

13-103 Sales.

No part of any street or sidewalk shall be used by any person as a place to sell goods, wares or merchandise, and no vehicle or conveyance shall be stopped or let stand upon the right-of-way of any street for that purpose.

(Code 1988, § 8-1205; Code 2016, Sec. 78-3)

13-104 Building material; obstruction of street; permit required; guarding of obstruction; violation of section a misdemeanor.

Hereafter, no person shall occupy any of the streets, avenues, alleys or other public places in the city for the purpose of depositing thereon temporarily any building material for other construction, without first making application to the clerk of the city describing the place where the obstruction is to be placed, for what purpose, and how long a time to remain. Such applicant shall obtain from the clerk a permit therefor. Such applicant shall safely guard the obstruction both night and day so as to prevent accident to those using such public ways and places, by proper barriers or lanterns kept lighted during the night displayed at such places as to be plainly seen by people approaching such obstruction. The permit may be renewed by the clerk before the expiration of the time therein fixed upon proper application and showing. Any person violating any of the provisions of this section or allowing the obstruction or any part thereof to remain after the expiration of the time given in the permit or its extension shall be deemed guilty of a misdemeanor. Every day such obstruction is allowed to remain in such public way or place without having obtained such permit, or after the time limited in such permit or its extension, shall be deemed to be a separate offense.

(Code 1988, § 13-103; Code 2016, Sec. 78-4)

13-105 Street improvements; barricades.

Every contractor or other person paving or making other improvements on any street, avenue, alley or other public place within the corporate limits of the city shall place suitable barricades at proper points along such street, made out of such material and so constructed as to be readily observed by any person approaching such points in the street or other public place being improved. In addition to such barricades, such contractor or other person shall display flashing yellow lights at night at all points where barricades are made and at any other point where such lights may be necessary to warn persons traveling the streets or other public places at night that such paving or other improvements are being made.

(Code 1988, § 13-104; Code 2016, Sec. 78-5)

13-106 Use of streets, avenues and alleys under improvement.

All streets, avenues and alleys, or parts thereof, are hereby withdrawn from public use as such streets, avenues and alleys while such improvements are being made. All persons are forbidden to use such areas for travel or to pass over or across such areas while being so paved or improved except at such points where no barricades or flashing yellow lights have been placed, and on the footwalks crossing such streets or public places where no barricades or red lights have been placed.

(Code 1988, § 13-105; Code 2016, Sec. 78-6)

13-107 Clearing of snow from sidewalks.

It shall be the duty of any occupant of any lot or piece of ground abutting upon any streets where there is a sidewalk to keep such sidewalk clean and to remove therefrom all ice and snow within 12 hours after the ice and snowfall thereon, and in case there is no occupant of such lot, then it shall be the duty of the owner to do such clearing. Any person described in this section who shall so fail to comply with the provisions of this section shall, upon conviction, be adjudged guilty of a misdemeanor.

(Code 1988, § 13-111; Code 2016, Sec. 78-7)

13-108 Roller skating and playing in industrial or commercial areas.

Roller skating and playing upon the roadway of any street or alley in any commercial or industrial area is forbidden, and it shall be unlawful for parents, or guardians or other persons having control over children to knowingly allow them to play or roller skate on any street or sidewalk in any industrial or commercial area.

(Code 1988, § 13-113; Ord 3462, 5-25-16; Code 2016, Sec. 78-8)

13-109 Erection of banners across streets.

It shall be unlawful for any person to erect, maintain, place or fix any banner, sign, advertising, structure or obstruction across, over or upon any street, avenue or alley of the city. On any holiday or other special occasion, banners, electric lights or other decorations of a general and public nature may be erected across and over any of the streets, avenues and alleys of the city by obtaining a permit from the chief of police therefor, which shall specify the purpose of the decoration, and the time for which the decorations are to remain.

(Code 1988, §§ 13-114, 13-115; Code 2016, Sec. 78-9)

13-110 Use of unimproved portions of streets, avenues or alleys cultivated as lawns.

It shall be unlawful for any person, other than the owner, occupant or agent of the premises adjacent to any public right-of-way, to walk, ride or drive over or upon that unimproved portion of the right-of-way of any street, avenue or alley where such area is curbed or is being cultivated as lawn, or to injure, destroy or remove any grass, plant, shrub or tree planted or cultivated therein or to injure, deface or remove any curb or fence adjacent to or surrounding such area.

(Code 1988, § 11-201; Code 2016, Sec. 78-10)

13-111 Obstruction of public ways.

It shall be unlawful for any person to willfully or negligently obstruct or cause to be obstructed, except when necessary in erecting or repairing buildings, any sidewalk, pavement, street, crosswalk or alley, within the city.

(Code 1988, § 11-206; Code 2016, Sec. 78-11)

13-112 Fires on paved areas.

It shall be unlawful for any person to build any fire of any kind whatever upon the pavement of any paved street in the city, or against the curbing, or so near to the curbing of any street, paved or unpaved, as to cause the curbing to become hot.

(Code 1988, § 11-203; Code 2016, Sec. 78-12)

13-113 Oiling of streets.

It shall be unlawful for any person, other than street department employees or authorized street contractors, to apply any asphalt, chip and seal or like material as approved by the city to the public streets of the city.

(Code 1988, § 11-204; Code 2016, Sec. 78-13)

13-114 Grass clippings.

(a)It shall be unlawful for any person to mow, rake, deposit, and/or place grass or weed clippings, or other yard debris, on, in, or upon any highway, road, street, or alley within the City of Iola, Kansas. It shall be the responsibility of the person to remove or clean all grass or weed clippings, or other yard debris from the street gutters, road, highway, or alley following completion of yard work.

(b)Any person violating this section shall, upon conviction thereof, be guilty of a class C misdemeanor and subjected to court costs in the Municipal Court of the City of Iola, as well as a fine in an amount not to exceed Twenty-Five Dollars ($25.00). Each day’s violation shall constitute a separate offense.

(Ord. 3493)