Chapter XIII · Streets and Sidewalks

Article 2. Streets

Sections 13-201 to 13-217 · 17 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 chief building official.

(Code 2008)

13-202 Same; bond.

(a)No permit authorized in this article shall be issued until the applicant has given to the city a good and sufficient bond as established in the annual fee resolution 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 2008)

13-203 Same; filed.

If the application is approved by the city, the chief building official shall issue a permit upon payment of any applicable fee as adopted by the governing body. Each permit issued under the provisions of this section shall cover only one specified excavation.

(Code 2008)

13-204 Same; barricades.

Any person to whom an excavation permit is issued shall enclose all excavations which 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 2008)

13-205 Same; 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.

(Code 2008)

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 chief building official.

(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 2008)

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.

(Code 2008)

13-208 Unfinished pavement.

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 2008)

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 chief building official.

(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 or city manager 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.

(Code 2008; Code 2018)

13-210 Street addresses.

(a)The owner or occupant of each dwelling, residence, business, office, or other structure used by persons as either a home or a businesses to have displayed upon it the numerical street address.

(b)It is required that each numerical street address be of permanency in nature, and be of sufficient size and located prominently so as to be clearly visible from the street.

(c)Violation of this article shall be punishable of a fine in the amount of $10, and each day of violation shall constitute an additional offense.

(Ord. 3390, Secs. 1:3)

13-211 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.

(Code 2008)

13-212 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.

(Code 2008)

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.

(Code 2008)

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.

(Code 2008)

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.

(Code 2008)

13-216 Grass clippings.

It shall be unlawful for any person to mow, rake, deposit and/or place grass and weed clippings and other yard debris on, in or upon any highway, road, street or alley within the City of Osawatomie, Kansas. It shall be the responsibility of the person conducting such yard maintenance, to remove or clean all grass, weed and leaves clippings and other yard debris from the street, gutters, road, highway and alley following completion of yard work. Any person violating this ordinance shall, upon conviction thereof, be fined in an amount not to exceed One Hundred Dollars ($100.00). Each day’s violation shall constitute a separate offense.

(Ord. 3729; Code 2018)

13-217 Dumpsters.

No person, including but not limited to property owners, tenants, or waste management companies, shall place or allow the placement of any dumpster on any public street within the City of Osawatomie.

Exceptions to this prohibition are:

(a)Temporary placement of dumpsters upon the approval of the City of Osawatomie for purposes of repairs, construction, or maintenance activities..

(Ord. 3825)