(a) 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.
(b) No person shall cut, or in any way alter, any curb, gutter, pavement, blacktop, sidewalk, street, or alley for any purpose without first obtaining a permit as herein provided. Applications for permits shall be made to the city clerk.
(Ord. 1657, Code 1988)
(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. 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 which is set by resolution of the governing body. Each permit issued under the provisions of this section shall cover only one specified excavation or curb cut.
(Ord. 1657; Code 1988)
Any person to whom an excavation or curb cut permit is issued shall enclose all work areas with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation or curb cut 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.
(Ord. 1657; Code 1988)
It shall be unlawful for any persons, 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)
(a) Once the work for which the excavation or curb cut was made has been completed, the city shall elect either to permit the person to fill the excavation or repair the damaged area under the direct supervision of the city inspector, or the city shall fill the excavation or repair the damages at the expense of the person making the excavation.
(b) If the city elects to fill the excavation, or repair the damages pursuant to subsection (a), the person making the excavation or causing the damages shall pay to the city clerk the cost of materials used to complete the project. The city clerk shall bill the property owner for the repairs after completion of the project and costs of materials have been established.
(Ord. 1657; Code 1988)
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 city inspector.
(Code 1983)
(a) Except as set forth in subsection (b) hereof, no person shall:
(1) Occupy any portion of any street, alley or sidewalk for the purpose of temporarily storing building materials without first obtaining permission for such temporary use from the chief of police.
(2) 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.
(b) Owners of retail dining establishments with a primary place of business located in the Downtown C-1 Zoning District may apply to the city for issuance of an Outdoor Dining Permit. Such permits shall allow the Owner of such establishment to establish an outdoor dining area within the city street in front of the business, pursuant to the following requirements:
(1) Each permit issued pursuant to this Section shall be valid from January 1 to December 31, of the permit year, unless revoked by the City.
(2) The establishment for which the permit is issued must be a dining or restaurant business which generates at least 50% of its gross receipts from the sale of food and is sited adjacent to a public street located within the downtown business district (C-1 Zoning).
(3) The outdoor dining permit area shall be located only in front of the adjoining establishment holding the permit, and shall not extend into abutting or adjacent properties.
(4) Any improvements, structures or objects shall not be placed in, or protrude into, any sidewalk, alley or handicap parking area. No such objects shall extend into the street more than fifteen (15) feet from the top of the curb-line. All objects shall be designed, constructed and securely placed to prevent danger to the public and to prevent being blown over or knocked over.
(5) The outside dining area shall be protected by the placement of barriers or similar structure on the three sides protruding into the street.
(6) The use shall not create a fire hazard or interfere with ingress or egress from any building or alley or passage of unobstructed passage of any sidewalk.
(7) The outdoor dining area shall not interfere with the area’s compliance with the American with Disabilities Act, as amended. The Fire Chief or Police Chief or City Code Enforcement Officer may impose additional requirements to ensure compliance with the Americans with Disabilities Act or to protect traffic safety or pedestrian safety or passage.
(8) The outdoor dining area shall be located a minimum of ten (10) feet from driveways and alleys, and fifteen (15) feet from intersections of public streets. The City Code Enforcement Officer or Chief of Police may impose additional requirements to protect traffic safety or pedestrian safety or passage.
(9) The activities carried on in the Outside Dining Area shall be limited to the sale of food and beverages that are sold within the Owner’s adjoining place of business.
(10) Use of the permitted area must conform with applicable laws, city ordinances, and zoning regulations.
(11) The Outdoor Dining Permit holder shall be responsible for all upkeep and maintenance of the Outdoor Dining Area. Failure to keep such area in a clean, safe and orderly fashion will result in revocation of the permit.
(12) The Permit holder shall be responsible for removal of all snow within the outdoor dining area as well as the area within fifteen feet (15’) on either side of the permit area.
(13) The city and the permit holder shall execute an “Outdoor Dining Agreement” for the use of the city street that shall include all conditions of this article and other conditions based upon the particular location and/or use. The agreement shall provide that the business use is subordinate to the city’s use of the street. The agreement shall provide that the permit holder agrees to at all times save and hold harmless the city from all liability, costs, damages, and expenses of any kind, for the payment of which the city may become liable to any person, firm or corporation by reason of any claim for damages arising from the failure of the permit holder, its employees agents, servants, invitees, and patrons to exercise due care and diligence in the use of the outdoor dining space.
(14) The permit holder shall purchase and maintain an insurance policy issued by a company licensed to issue insurance in the State of Kansas, insuring the licensee, and the city as an additionally named insured, in an amount not less than $500,000 per single incident, for any liability associated with the failure of the permit holder, its employees, agents, servants, invitees, and patrons to exercise due care and diligence in the use of the sidewalk. The permit holder shall provide a certificate of insurance to the City upon permit issuance.
(15) The permit shall be conspicuously displayed at all times at the business for the permit area and shall be available for inspection by the city.
(16) The permit shall apply to the permit holder only and is non-assignable and non-transferable.
(17) In the event an Outdoor Dining Permit is issued and subsequently revoked for violation of any of the terms of the Outdoor Dining Permit Agreement, then in such event the Permit Holder shall have a period of 10 days from notice of revocation to remove all property and structures located within the Outdoor Dining Area. Any such property or structure not so removed within 10 days will become the property of the City to remove and dispose of in whatever manner the City chooses.
(Code 1983; Ord. 2363)
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 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)