Chapter 16 Streets, Sidewalks, and Right of Way

Question 1

Can a person ride a horse in a city park?

Answer 1

No.
16-101 DRIVING IN PUBLIC PARKS.
No person shall drive or ride, lead or permit any domestic animal or drive any vehicle in any public park in the City except in and along especially prepared driveways therefor. This Section shall not be construed to prohibit any person from permitting a dog, cat or other small domestic animal in any portion of a public park when the animal is on a leash in the control of such person. (Code 1979, 16-102)

Question 2

Can a person take a brick out of a brick sidewalk?

Answer 2

16-102 REMOVING PORTIONS OF SIDEWALK; ACCUMULATIONS.
No person shall loosen or remove any plank, brick, block, or support from any sidewalk or crosswalk or any curbing or gutter. This Section shall not apply to persons making repairs on any such sidewalk, gutter, curb, or crosswalk, or any person temporarily removing the same on account of building operations. No owner or occupant of any lot or parcel of ground shall permit earth or other substances to accumulate on the sidewalk along such property. (Code 1979, 16-103)

Question 3

Can an owner bury a sidewalk?

Answer 3

16-102 REMOVING PORTIONS OF SIDEWALK; ACCUMULATIONS.
No person shall loosen or remove any plank, brick, block, or support from any sidewalk or crosswalk or any curbing or gutter. This Section shall not apply to persons making repairs on any such sidewalk, gutter, curb, or crosswalk, or any person temporarily removing the same on account of building operations. No owner or occupant of any lot or parcel of ground shall permit earth or other substances to accumulate on the sidewalk along such property. (Code 1979, 16-103)

Question 4

Can a person ride a horse on the sidewalk?

Answer 4

16-103 ANIMALS ON SIDEWALKS.
No person shall allow any animal to be ridden or driven upon any sidewalk. (Code 1979, 16-
104)

Question 5

Is it OK for a hedge fence to overgrow and obstruct any portion of a street or sidewalk?

Answer 5

16-104 HEDGE FENCES.
No person owning or controlling any hedge fence bordering on any street or sidewalk in this City shall permit the same to overhang and obstruct any sidewalk. (Code 1979, 16-105)

Question 6

How much step between sidewalk segments is considered a sidewalk hazard?

Answer 6

1/2 inch.
16-105 SIDEWALK HAZARDS.
No owner of any property having a sidewalk adjacent thereto shall permit any plank, brick, stone or segment of such sidewalk to be raised above the established level of such sidewalk more than one-half (1/2) inch, in any manner which might catch the foot of a pedestrian, or to permit any holes or depressions to occur in the sidewalk in which a pedestrian might step or catch their foot in a manner to cause injury. (Code 1979,16-106)

Question 7

What is the minimum size of a drainage pipe under a driveway?

Answer 7

15 inches

16-108 GUTTER DRAINAGE: OBSTRUCTIONS; CHANGES.
No person shall place anything in any street or alley, the effect of which is or might be to interfere with the free flow of water along the drains or gutters placed in such streets or alleys for the purpose of conducting water from one place to another along such street or alley. Hot water heaters shall not be allowed for any future drive entrance. Those existing hot water tanks
shall be replaced when the ditches are graded. No plastic pipes may be used.

Minimum diameter of pipes shall be fifteen (15) inches unless grade conditions dictate otherwise and smaller diameter is specifically approved by the City Engineer or his or her designated representative. Only riveted corrugated metal pipe, helical welded corrugated metal
pipe or well casings are approved drive entrances.

No person shall in any way change or interfere with the drainage of any street or alley. (Ord.5351, Sec. 1)

Question 8

Is it allowed to use an old hot water heater for a driveway entrance drain?

Answer 8

No.

16-108 GUTTER DRAINAGE: OBSTRUCTIONS; CHANGES.
No person shall place anything in any street or alley, the effect of which is or might be to interfere with the free flow of water along the drains or gutters placed in such streets or alleys for the purpose of conducting water from one place to another along such street or alley. Hot water heaters shall not be allowed for any future drive entrance. Those existing hot water tanks
shall be replaced when the ditches are graded. No plastic pipes may be used.

Minimum diameter of pipes shall be fifteen (15) inches unless grade conditions dictate otherwise and smaller diameter is specifically approved by the City Engineer or his or her designated representative. Only riveted corrugated metal pipe, helical welded corrugated metal
pipe or well casings are approved drive entrances.

No person shall in any way change or interfere with the drainage of any street or alley. (Ord.5351, Sec. 1)

Question 9

Is it allowed to use a plastic pipe for a driveway entrance drain?

Answer 9

No.

16-108 GUTTER DRAINAGE: OBSTRUCTIONS; CHANGES.
No person shall place anything in any street or alley, the effect of which is or might be to interfere with the free flow of water along the drains or gutters placed in such streets or alleys for the purpose of conducting water from one place to another along such street or alley. Hot water heaters shall not be allowed for any future drive entrance. Those existing hot water tanks
shall be replaced when the ditches are graded. No plastic pipes may be used.

Minimum diameter of pipes shall be fifteen (15) inches unless grade conditions dictate otherwise and smaller diameter is specifically approved by the City Engineer or his or her designated representative. Only riveted corrugated metal pipe, helical welded corrugated metal
pipe or well casings are approved drive entrances.

No person shall in any way change or interfere with the drainage of any street or alley. (Ord.5351, Sec. 1)

Question 10

Is it allowed to change or interfere with the drainage of any street or alley?

Answer 10

16-108 GUTTER DRAINAGE: OBSTRUCTIONS; CHANGES.
No person shall place anything in any street or alley, the effect of which is or might be to interfere with the free flow of water along the drains or gutters placed in such streets or alleys for the purpose of conducting water from one place to another along such street or alley. Hot water heaters shall not be allowed for any future drive entrance. Those existing hot water tanks
shall be replaced when the ditches are graded. No plastic pipes may be used.

Minimum diameter of pipes shall be fifteen (15) inches unless grade conditions dictate otherwise and smaller diameter is specifically approved by the City Engineer or his or her designated representative. Only riveted corrugated metal pipe, helical welded corrugated metal
pipe or well casings are approved drive entrances.

No person shall in any way change or interfere with the drainage of any street or alley. (Ord.5351, Sec. 1)

Question 11

It is allowed to use a shovel or a bulldozer to alter the road grading of a city street?

Answer 11

16-109 CHANGE IN STREET OR ALLEY GRADE.
No person shall in any way change or interfere with the grade of any street or alley without the approval of the City Commission. (Code 1979, 16-111)

Question 12

Can a person drive around barricades or through an active construction site?

Answer 12

16-110 DRIVING ON UNFINISHED CONSTRUCTION.
No person shall walk upon, drive or ride over or across any pavement in course of construction before the same has been opened for public travel or upon any uncompleted grading or sidewalk construction which has not been opened for travel. (Code 1979, 16-112)

16-111 INTERFERENCE WITH PROTECTIVE DEVICES AROUND CONSTRUCTION.
No person shall remove, throw down, run over or interfere with any barricades, lights lanterns, signals or signs placed to guard and protect any grading, paving, sidewalk or other construction work. (Code 1979, 16-113)

Question 13

Are food trucks allowed anywhere in the city?

Answer 13

16-112 TEMPORARY STANDS AND RETAILING VEHICLES.
No temporary stands shall be allowed in the public streets or on the sidewalks outside the line of areas, and the right is hereby reserved to the City to designate certain streets or parts of streets upon which and the distance therefrom within which no such stand or vehicle shall be permitted for the purpose of retailing goods. (Code 1979, 16-114)

Question 14

Who is responsible for addressing and numbering buildings in the city?

Answer 14

16-113 NUMBERING BUILDINGS.
The Codes Enforcement Manager, under the authority of the Board of Commissioners, shall assign numbers to all buildings and dwellings in the City, and shall have the power to determine the form, size and material of such numbers: Provided, That it shall be the duty of the owner of each such building or dwelling to affix the assigned numbers in a conspicuous place, so that such numbers may be clearly read from the street. No person shall affix to or suffer to remain on any building owned by him for more than three (3) days, a street number other than the one designated for such building by the Codes Enforcement Manager. (Code 1979, 16-115)

Question 15

If you want to place different numbers on your house, for how long can you place them before it becomes a code violation?

Answer 15

three days
16-113 NUMBERING BUILDINGS.
The Codes Enforcement Manager, under the authority of the Board of Commissioners, shall assign numbers to all buildings and dwellings in the City, and shall have the power to determine the form, size and material of such numbers: Provided, That it shall be the duty of the owner of each such building or dwelling to affix the assigned numbers in a conspicuous place, so that such numbers may be clearly read from the street. No person shall affix to or suffer to remain on any building owned by him for more than three (3) days, a street number other than the one designated for such building by the Codes Enforcement Manager. (Code 1979, 16-115)

Question 16

What is the minimum length of lot facing the right of way to allow for more than a single curb cut?

Answer 16

16-114 STANDARDS FOR CURB CUTS
(A) Two or more curb cuts shall not be permitted on lots where narrow dimension on the abutting public right-of-way is less than 100 feet.

Question 17

How far must the curb cuts be from the intersection corner on a corner lot?

Answer 17

16-114 STANDARDS FOR CURB CUTS

(B) The curb cuts on corner lots shall be at least 25 feet from the intersection of the curbs of the adjacent streets extended.

Question 18

For an interior tract, how much distance is required between the throat (straight portion) of the drive at the property line?

Answer 18

16-114 STANDARDS FOR CURB CUTS
(C) Curb cuts on an interior tract shall have at least 20 feet between the throat (straight portion) of the drive at the property line.

Question 19

Who can waive the provisions for curb cut standards?

Answer 19

16-114 STANDARDS FOR CURB CUTS

D) The City Commission may waive the provisions of this Section. (Res. No. 4668

Question 20

Who has the responsibility for snow and ice removal from public sidewalks?

Answer 20

property owner of record

16-115 REMOVAL OF SNOW OR ICE FROM PUBLIC SIDEWALKS.
(A) It shall be unlawful for the property owner of record of property immediately adjacent to a public sidewalk on public right-of-way to fail to remove from the sidewalk, within fortyeight (48) hours of the cessation of accumulation of snow or ice on the sidewalk, any
snow or ice accumulated on such sidewalk or obstructing such sidewalk. If ice has accumulated of such character as to make removal thereof impossible, the sprinkling or placement of sand thereon within the time specified for removal in such a manner as to make such sidewalk safe for travel of pedestrians shall be deemed compliance with the provisions of this section. (Ord. 7456, Ord. 8324)

Question 21

How long does the property owner have to remove snow and ice from their adjacent public sidewalk?

Answer 21

forty-eight (48) hours from the cessation of accumulation of snow or ice

16-115 REMOVAL OF SNOW OR ICE FROM PUBLIC SIDEWALKS.
(A) It shall be unlawful for the property owner of record of property immediately adjacent to a public sidewalk on public right-of-way to fail to remove from the sidewalk, within forty-eight (48) hours of the cessation of accumulation of snow or ice on the sidewalk, any
snow or ice accumulated on such sidewalk or obstructing such sidewalk. If ice has accumulated of such character as to make removal thereof impossible, the sprinkling or placement of sand thereon within the time specified for removal in such a manner as to make such sidewalk safe for travel of pedestrians shall be deemed compliance with the provisions of this section. (Ord. 7456, Ord. 8324)

Question 22

Who is responsible to issue notices of ordinance violations for snow and ice removal on public sidewalks?

Answer 22

any PDS employee

16-115 REMOVAL OF SNOW OR ICE FROM PUBLIC SIDEWALKS.

(B) Pursuant to the authority of Charter Ordinance No. 31, employees of the Planning and Development Services Department shall have the authority to issue notices to appear for violations of this ordinance (Ord. 7456, Ord. 8324)

Question 23

Who is what is the fine for violations of snow and ice removal on public sidewalks?

Answer 23

$20 per daily violation

16-115 REMOVAL OF SNOW OR ICE FROM PUBLIC SIDEWALKS.

(C) Violation of the provisions of this ordinance shall be considered a municipal offense and upon an adjudication of guilty, the violator shall be fined $20.00. Each day of a continuing violation shall be deemed a separate offense. (Ord. 7456, Ord. 8324)

Question 24

Who is responsible for maintenance of sidewalks along Kasold from Bob Billings Parkway to Clinton Parkway?

Answer 24

16-116 MAINTENANCE OF DESIGNATED SIDEWALKS.
The City of Lawrence shall be responsible for all future maintenance, including snow and ice removal, of the 8 foot wide sidewalk, the exposed aggregate adjacent to the sidewalk, and the retaining walls to be constructed on the west side of Kasold Drive from Bob Billings Parkway to Clinton Parkway and the 10 foot wide recreation path, exposed aggregate and the retaining walls constructed on the west side of Kasold Drive from Clinton Parkway to 31st Street in Lawrence, Kansas (Ord. 7978)

Question 25

Who is responsible for maintenance of sidewalk and retaining wall on Kasold Drive from Clinton Parkway to 31st Street in Lawrence?

Answer 25

16-116 MAINTENANCE OF DESIGNATED SIDEWALKS.
The City of Lawrence shall be responsible for all future maintenance, including snow and ice removal, of the 8 foot wide sidewalk, the exposed aggregate adjacent to the sidewalk, and the retaining walls to be constructed on the west side of Kasold Drive from Bob Billings Parkway to Clinton Parkway and the 10 foot wide recreation path, exposed aggregate and the retaining walls constructed on the west side of Kasold Drive from Clinton Parkway to 31st Street in Lawrence, Kansas (Ord. 7978)

Question 26

Who is required to supervise sidewalk improvements and reconstruction?

Answer 26

16-201 SUPERVISION.
All sidewalk construction, reconstruction or repair within the City limits shall be done with the approval of and under the supervision of the City Engineer or his or her representative and according to plans and specifications approved by the City Commission and on file in the City Clerk’s office. (Code 1979, 16-201)

Question 27

What form of payment guarantee is required of a person or contractor planning on performing a major sidewalk repair?

Answer 27

16-202 CONSTRUCTION: BONDS, PERMITS.
Persons proposing or requesting permission to construct, reconstruct or repair any sidewalk within the City shall furnish to the City Clerk a surety bond sufficient to insure the completion of the project. The amount of the bond will be set by the City Engineer. The bond may be waived by the City Engineer in the case of minor construction, reconstruction or repair work. (Code 1979, 16-202)

16-203 SIDEWALK CONTRACTORS’ BONDS.
Any person who shall contract to build sidewalks for the City shall give a good and sufficient surety bond that he or she will construct the same according to specifications and in a manner acceptable to the Commission or its authorized agent and maintain the same in good condition under ordinary conditions for a period of one (1) year from the completion of the work. (Code 1979, 16-203)

Question 28

What is the acceptable sidewalk grade for new sidewalks allowed without city engineer and city commission approval?

Answer 28

none
16-204 ESTABLISHMENT OF SIDEWALK GRADES.
All sidewalk grades shall be established by the City Engineer and approved by the City Commission prior to the time of construction. Ten (10) days’ notice shall be given the City Engineer when sidewalk grade has not been established previously, prior to commencing
construction. (Code 1979, 16-206)

Question 29

Who is required to determine the existing sidewalk grade for reconstruction of sidewalks?

Answer 29

16-204 ESTABLISHMENT OF SIDEWALK GRADES.
All sidewalk grades shall be established by the City Engineer and approved by the City Commission prior to the time of construction. Ten (10) days’ notice shall be given the City Engineer when sidewalk grade has not been established previously, prior to commencing
construction. (Code 1979, 16-206)

16-205 SAME; RECORD FILED.
All sidewalks constructed or reconstructed in this City shall be constructed on the established grade. The established grade shall be filed for record in the Office of the City Engineer, after approval by the City Commission. (K.S.A. 12-1802, 1807; Code 1979, 16-204)

Question 30

What is the preferred slope across the sidewalk?

Answer 30

between 1/2 and 1/4 inch per foot
16-206 RELATION OF WALK AND CURB GRADE; SLOPE; PLACEMENT OF INNER EDGE OF WALK.
CODE OF THE CITY OF LAWRENCE, KANSAS
16-4 When practical, the slope across the sidewalk shall not exceed one-half (1/2) inch per foot, nor be
less than one-fourth (1/4) inch per foot; the inside edge of the sidewalk shall be located one (1) foot from the property line; and the grade from the curb to the sidewalk shall rise at the rate of one-fourth (1/4) inch per foot. If any of these criteria are not practical, the sidewalk will be located by the City Engineer, with the approval of the Commission, so that the alignment and
grade of the sidewalk are compatible with existing topographic features. (Code 1979, 16-205)

Question 31

What is the preferred grade from the curb to the sidewalk?

Answer 31

the grade from the curb to the sidewalk shall rise at the rate of one-fourth (1/4) inch per foot.

16-206 RELATION OF WALK AND CURB GRADE; SLOPE; PLACEMENT OF INNER EDGE OF WALK.
CODE OF THE CITY OF LAWRENCE, KANSAS
16-4 When practical, the slope across the sidewalk shall not exceed one-half (1/2) inch per foot, nor be
less than one-fourth (1/4) inch per foot; the inside edge of the sidewalk shall be located one (1) foot from the property line; and the grade from the curb to the sidewalk shall rise at the rate of one-fourth (1/4) inch per foot. If any of these criteria are not practical, the sidewalk will be located by the City Engineer, with the approval of the Commission, so that the alignment and
grade of the sidewalk are compatible with existing topographic features. (Code 1979, 16-205)

Question 32

What is the required distance between the inside edge of the sidewalk and the property line?

Answer 32

the inside edge of the sidewalk shall be located one (1) foot from the property line

16-206 RELATION OF WALK AND CURB GRADE; SLOPE; PLACEMENT OF INNER EDGE OF WALK.
CODE OF THE CITY OF LAWRENCE, KANSAS
16-4 When practical, the slope across the sidewalk shall not exceed one-half (1/2) inch per foot, nor be
less than one-fourth (1/4) inch per foot; the inside edge of the sidewalk shall be located one (1) foot from the property line; and the grade from the curb to the sidewalk shall rise at the rate of one-fourth (1/4) inch per foot. If any of these criteria are not practical, the sidewalk will be located by the City Engineer, with the approval of the Commission, so that the alignment and
grade of the sidewalk are compatible with existing topographic features. (Code 1979, 16-205)

Question 33

Are sidewalk steps allowed when adding a section of sidewalk connecting existing sidewalk?

Answer 33

16-207 CONFORMITY TO CONNECTING SIDEWALK.
All sidewalks hereafter constructed or reconstructed shall as nearly as possible conform to the grade of the connecting permanent sidewalk. (Code 1979, 16-207)

Question 34

How many residents are required to support a petition for resolution by the city commission for sidewalk construction, reconstruction, or repair?

Answer 34

25
16-208 NEW CONSTRUCTION, RECONSTRUCTION, REPAIR.
The Commission may by resolution order sidewalks reconstructed or repaired when in its judgment the same is necessary. The Commission may by resolution order sidewalks constructed upon receipt of a petition signed by twenty-five (25) resident property owners in
any precinct of any ward praying for construction of such sidewalks within that area. (K.S.A. 12- 1803; Code 1979)

Question 35

Can the city perform sidewalk construction on behalf of an owner and levy the cost against the property?

Answer 35

Yes
16-210 CONSTRUCTION BY CITY, WHEN.
If a sidewalk is not constructed, reconstructed or repaired within the time provided in the notice required by Sections 16-209, the same shall be done by contract or by the City and the cost thereof levied against the property. If the cost levied under this Section shall not be paid within thirty (30) days, it shall be certified to the City Clerk to be collected the same as other taxes.
(Code 1979, 16-212)

Question 36

Can a peroperty

Answer 36

16-211 SAME; NOTICE OF INTENT.
Any property owner may build a sidewalk adjacent to his or her property without first having
been ordered to construct such sidewalk by the Commission of the City, provided he or she first
shall notify the City Engineer of his or her intention to do so. The property owner acting under
this Section must satisfy the Commission of his or her competency to construct such sidewalk
or may contract with a properly bonded contractor approved by the Commission. (K.S.A. 12-
1806; Code 1979, 16-213)