Chapter XIII · Streets and Sidewalks

ARTICLE 1. SIDEWALKS

Sections 13-101 to 13-107 · 7 sections

13-101 Defective sidewalks; condemnation; repair.

The city commission may at any time, by resolution, condemn any sidewalk or portion thereof, whenever in their judgment it shall be deemed necessary, and provide for the construction of a new sidewalk of such material and character as the governing body may determine, and the costs of the same, if constructed by the city, shall be charged to the lot or pieces of ground abutting thereon and collected as other taxes, as provided by law; provided, that whenever the governing body shall by resolution condemn any sidewalk, or part thereof, the owner shall be notified of the city’s intent to repair or reconstruct the sidewalk at the owner’s expense.

(K.S.A. 12-1801 et seq.; Code 2001, 5-821; Code 2014)

13-102 Sidewalk materials; construction.

All sidewalks hereafter to be constructed within the city shall be of concrete, the same to be of such mixture and so reinforced as to form an even, firm and durable surface.

(K.S.A. 12-1801 et seq.; Code 2001, 5-821; Code 2014)

13-103 Width of sidewalks in general.

All sidewalks on Main Street, from Carson Street to Galveston Street, and from Labette Street to Catherine Street, shall be six (6) feet wide, and from Galveston Street to Labette Street shall be sixteen (16) feet wide. On Neosho Street from Front Street to Third Street five (5) feet wide, from Third Street to Fourth Street ten (10) feet wide, including curb. All other walks in the city shall be of the uniform width of four (4) feet unless otherwise specified by ordinance; provided, that the property owners desiring to may construct walks five (5) feet wide where four-foot walks are required by making the outside of the five-foot walks to conform with outside of the four-foot walk and the inside of the five-foot walk to go to the property line. All four-foot walks shall be placed with inside of walk one (1) foot from the property line, unless otherwise ordered by the city Council.

(K.S.A. 12-1801 et seq.; Code 2001, 5-821; Code 2014)

13-104 Width of sidewalks in certain districts.

Sidewalks on both sides of Depot Street between Third and Front Street shall be six (6) feet wide.

(K.S.A. 12-1801 et seq.; Code 2001, 5-821; Code 2014)

13-105 Placement of sidewalks in certain districts.

Each new sidewalk which may hereafter be built on the north side of Main Street between Summit Street and Walnut Street shall be, and the same is hereby ordered to be, so located and constructed that the inner or north line thereof shall be three (3) feet from the outer or south line of the abutting lot or parcel of ground.

(K.S.A. 12-1801 et seq.; Code 2001, 5-821; Code 2014)

13-106 Width of sidewalks; certain streets.

The sidewalks on each side of Labette Street between Third and Fourth Streets shall be five (5) feet wide; those on the west side of Depot Street between Third and Fourth Streets, eight (8) feet wide; those on the east side of Montgomery Street between Fourth and Main Streets and on the north side of Fourth Street between Montgomery and Carson Streets, five (5) feet wide.

(K.S.A. 12-1801 et seq.; Code 2001, 5-821; Code 2014)

13-107 Sidewalks and alleys, limitation or obstruction of use.

(a)It is unlawful for any person owning, occupying or having control of any premises, to place or permit upon the sidewalk, curb ramp or the half of the street next to such premises:

(1)Any broken ware, glass, filth, rubbish, refuse matter, ice, water, mud, garbage, ashes, aluminum cans or other substances;

(2)Any vehicle, lumber, wood, boxes, fencing, building material, dead trees, tree stumps, merchandise, or other thing that obstructs the public street, curb ramp or sidewalk or any part thereof, or the free use and enjoyment thereof, or the free passage over and upon the same, or any part thereof.

(b)The following shall be exemptions to section (a):

(1)The obstruction or limitation of use of the sidewalk is in conjunction with a bona fide sidewalk sale or business promotion, and the business has obtained a permit from the City Clerk for a limited time event not to exceed 48 hours, or

(2)A business located in an area zoned for business may display new merchandise in an aesthetically pleasing manner on no more than 25% of the sidewalk positioned closest to the building in which the business operates; or

(3)The obstruction or limitation of use of the alley or sidewalk is done in conjunction with repair, maintenance or construction of utility services; or

(4)The obstruction or limitation of use of the alley or sidewalk is done in conjunction with the repair, maintenance or construction of improvements upon adjoining property; and

(5)If item three or four applies, the obstruction or limitation shall not exist for a time period exceeding seven consecutive days, unless a greater time period is permitted in writing by the City Building Inspector;

(6)If item three or four applies, the obstruction or limitation shall be marked with appropriate barricades or warning devises.

(c)Nothing in this article shall limit the authority of the Chief of the Fire Department, which authority is hereby granted, to demand and order immediate cessation of any limitation or obstruction which is determined to be a threat or hindrance to the ability of the fire department to respond to an emergency.

(d)Violation of this article shall carry a fine of $100. Each day any violation of this article continues shall constitute a separate offense.

(K.S.A. 12-1801 et seq.; Code 2001, 5-822; Ord. 08-4569; Code 2014)