Chapter 13 · Streets and Sidewalks

Article 2. Streets

Sections 13-201 to 13-219 · 19 sections

13-201 Excavation permit.

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.

13-202 Excavation permit; bond.

(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.

13-203 Excavation permit; filed.

If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $5.00. Each permit issued under the provisions of this section shall cover only one specified excavation.

13-204 Excavation permit; barricades.

Any person to whom an excavation permit is issued shall enclose all excavations that 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.

13-205 Excavation permit; 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.

13-206 Cutting curbs; pavement.

(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.

13-207 Altering drainage.

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.

13-208 Unfinished pavement.

No person shall walk upon, drive or ride over or across any pavement, sidewalk or incomplete grading that has not been opened for traffic.

13-209 Using streets.

(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 temporarily 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.

13-210 Dangerous objects in.

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.

13-211 Petroleum products in streets.

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.

13-212 Discharging water on streets.

It shall be unlawful for any person, firm or corporation to deposit, discharge or allow to run into or upon any street, avenue, sidewalk or other public right-of-way, without prior written permission from the City of Park City, any of the following:

(a)Discharge from a sump pump or other drain which:

(1)allows the deposit of sediment and/or organic growth, creating a hazard to persons using such street, avenue, sidewalk or other right-of-way; or

(2)results in ice build-up on any portion of a street, avenue, sidewalk or other right-of-way; or

(3)results in degradation of the integrity of the surface and/or subsurface of a street, avenue, sidewalk or other right-of-way so as to cause a hazard to persons using such street, avenue, sidewalk and right-of-way.

(b)Drainage from a swimming pool or other impoundment of water.

(Ord. 1068; Code 2021)

13-213 Burning in streets.

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.

13-214 Throwing in streets.

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.

13-215 Hauling loose material.

It shall be unlawful to haul over the streets or alleys of this city any loose material of any kind except in a vehicle so constructed or maintained as to prevent the splashing or spilling of any of the substances therein contained upon the streets or alleys.

13-216 Culverts.

All driveway culverts within the City of Park City installed or replaced after December 1, 1982 shall be reinforced concrete and shall be of such size to allow the free flow of drainage. The City Engineer shall determine the size of any culvert but in no event shall any culvert be less than fifteen inches (15”) in diameter.

13-217 Drainage.

No person shall build, alter or otherwise change any drainage located within the public right-of-way without the approval of the City Engineer.

13-218 Conditions for city installation.

As an alternate to and in addition to any provision provided in the Statutes of the State of Kansas for the construction, alteration or reconstruction of culverts in the City, the City nay install a culvert at the request of a property owner under the following conditions:

(1)The property owner shall have purchased the required sized culvert and shall be responsible for having it delivered to the point of installation.

(2)The property owner shall be responsible for and have removed all hard surface material from above the existing culvert from the owner’s property line to the edge of the existing road.

(3)The property owner shall be responsible for the removal of all decorative plantings, curbings, and retainage structures that may be damaged during the removal or installation of the driveway culvert and shall hold the City harmless from any damage done to the same.

(4)The property owner shall be responsible to remove all construction material removed from the installation or removal process within 48 hours.

(5)The City will remove culverts only for owners who have gravel drive approaches, provided all provision of these requirements are adhered to.

(6)The City will install new culverts provided by the property owners, provided the installation of the culvert replaces an existing culvert and that all provisions of the requirements are adhered to.

(7)The City will place gravel over the top of any culvert the City installs upon the request of the owner and the owner will pay the cost of the gravel.

13-219 Penalty.

Any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction or a plea of guilty shall be subject to a fine not to exceed Five Hundred ($500.00) Dollars.

(Ord. 1068; Code 2021)