COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 051069
Amending Chapter 64, Code of Ordinances, by
repealing Section 64-161, Prohibited acts, exceptions, and fees, of Article
V, Obstructions and Encroachments and enacting in lieu thereof a new section
of like number and subject matter which prohibits the future construction of
aerial walkways over public streets and sidewalks.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 64, Code
of Ordinances of the City of Kansas City, Missouri, is hereby amended by
repealing Section 64-161, Prohibited acts, exceptions, and fees, and enacting
in lieu thereof a new section of like number and subject matter, to read as
follows:
Sec. 64-161. Prohibited acts, exceptions,
and fees.
(a) Definitions. For
purposes of this section the following words shall be defined as follows:
Banner means a strip of cloth, vinyl, plastic or combination
thereof upon which there appears a sign or message, but shall not mean Banners
regulated under Chapter 18, code of ordinances unless specified in this
section.
Banner permit means a document issued by the director of public works
allowing a temporary encroachment for a banner in the public right of way for a
prescribed period of time.
Central business district
freeway loop means that part of the city
bounded on the north, east, south and west by the loop of freeways I-35, I- 70
and I-670.
Collectors and local streets mean those roadways as defined in the Major Street Plan to
collect traffic from an industrial area, a commercial area or a residential
street and move it to an arterial street so traffic can then move to its
destination. The shorter length of travel on the Collector distinguishes the
Collector from an arterial.
Director means the director of public works unless otherwise
described in this section.
Event Banner means a banner containing a sign or message regarding a
public event or a celebration of a season.
Local streets means those roadways as defined in the Major Street Plan
intended to provide access to abutting properties and to carry traffic to
Collector streets. Local streets provide access to residential neighborhoods.
Major Street Plan means the contents of that certain plan for the streets in
the city, adopted by Second Committee Substitute for Ordinance No. 64073, and
as amended from time to time.
Neighborhood Banner means a banner containing a sign or message identifying
the neighborhood association or educational institution within a neighborhood
where they are located.
Primary Arterial streets are those roadways as defined in the Major Street Plan to
move through traffic, yet accommodate major access points from abutting
properties and normally carry 10,000 or more vehicles per day.
Public right-of-way means a city street or state roadway located in the city
as defined in the citys "Major Street Plan", and collectors, local
streets and Parkways and Boulevards under the jurisdiction of the Board of
Parks and Recreation Commissioners.
Secondary Arterial streets means those roadways as defined in the Major Street Plan
as Secondary Arterials to provide access for one or more neighborhoods to
various activity centers such as Downtown, community shopping centers, strip
commercial areas, employment centers and community and regional recreation
areas and normally do not cross through residential neighborhoods, but act as
boundaries to them.
(b) No person shall deposit,
place, erect or maintain any structure, material, article, substance,
decoration or thing on, in or above any street, curb, gutter, park, parkway,
sidewalk or public place of the city except as specifically otherwise provided
for by ordinance. This prohibition expressly includes the use of public
rights-of-way for building or maintaining dispersed uses such as banners or
telecommunications, utility, cable television or other similar systems. Aerial
walkways may not be erected unless the City Council approves the walkway upon a
finding that the existence of the walkway will not be detrimental to the
residential or commercial development of the area surrounding the proposed
aerial walkway.
(c) Encroachment into the
right-of-way, allowed by ordinance, may be subject to the imposition of a
reasonable license fee established by the city. If found to be in the public
interest, the council may modify or waive the imposition of a license fee,
provided, the fees established for banners set forth in subsection (f) shall
not be modified.
(d) Whenever any person or
organization shall desire to temporarily use a portion of any street or
sidewalk for one of the purposes mentioned in subsection (b) of this section,
the director may issue to such person or organization a Temporary Permit to use
a portion of such street to such extent and for such time as the director shall
find to be reasonably necessary and in the public interest.
(e) The issuance of any permit
issued pursuant to this section is conditioned on the permit holder procuring
and maintaining in force during the term of the permit general liability
insurance, issued by a company approved by the director of finance, meeting the
following conditions:
(1) A
certificate of insurance acknowledging a policy of General Liability Insurance
shall be provided.
(2) Such
certificate shall list as the insured the name of the applicant/permittee,
having the same address.
(3) Such
certificate shall name the city as an additional insured.
(4) Such
certificate shall indicate the city as the certificate holder.
(5) Such
certificate shall show the policy number, effective date of the insurance and
the expiration date of the insurance.
(6) The
limits of liability of the policy, as shown on the certificate, shall not be
less than the following:
a. Personal
Injury, each person: $100,000.00, and
b. Personal
Injury, each occurrence: $300,000.00, and
c. Property
Damage, each occurrence: $50,000.00, and
d. Property
Damage, aggregate: $100,000.00, or
e. Bodily
Injury and Property Damage Combined: $400,000.00.
(7) Such
certificate shall state that the insurance company shall furnish 10 days prior
notice of cancellation of the policy to the City Engineer.
(f) Banners. The display
of Banners is a specialized temporary use of the public right of way and may be
allowed on city streetlight poles and other such facilities in the public right
of way subject to compliance with the conditions and regulations imposed in
this subsection, including but not limited to standards adopted by the director
to ensure that the display of banners do not create an unsafe condition for
public use of the public right-of-way and are authorized encroachment uses of
the public right-of-way. The provisions of this Article shall not apply to
Banners regulated under Chapter 18, code of ordinances unless specified
therein.
(1) Banner
permit. No Banner shall be displayed in the public right-of-way without a
Banner permit issued by the director. The director is authorized to issue
Banner Permits for the display of Event Banners and Neighborhood Banners in
city public right-of-way. A Banner permit will state the number, and location
of the Banners and the duration of the permit.
(2) Banner
permit fee. In addition to the application fee provided in this subsection,
the following fees shall be paid to the city treasurer before a Banner permit is
issued:
(3) Application
for Banner Permit.
a. Application
fee. A fee of $50.00 to cover the various costs incurred by the city in
investigating and processing the application shall be paid to the city at the
time of application for a Banner permit issued under this section. The
application fee is not refundable. The fee shall be deposited into an account
established for the Department of Public Works, Engineering Division for
right-of-way service charge-outs.
b. Contents.
Any person desiring to obtain a Banner permit under the terms of this
subsection shall make application therefor to the director, in writing, on a
form provided by the director. The applicant shall furnish the following:
1. Color
picture of the banner, or banners to be displayed.
2. Detail
drawing of Banner brackets and other hardware used to suspend the Banner.
3. Four
copies of a scale map or plan locating the poles to be used for display, and
depicting the street right-of-way lines.
4. Permission
in writing from the owner of a pole not owned by the city allowing the display
of a Banner from such pole.
5. A
list of the pole locations and pole numbers.
6. An
insurance certificate that meets the requirements contained in subsection (e)
of this section.
(4) Issuance.
No Banner permit provided for by this subsection shall be issued for the
display of any Banner except in conformity with the following:
a. Approved
Locations. Banners for display within the public right-of-way may be displayed
only on primary arterials, secondary arterials and collector streets but shall
not be displayed on local streets, freeways or expressways. The display of
Banners on boulevards, parkways, streets or roads under the jurisdiction of the
Board of Parks and Recreation Commissioners, in addition to compliance with all
other regulations and conditions in this section, shall require approval from
such Board. The display of Banners from a privately owned building shall
require a permit issued by the Department of Codes Administration in accordance
with Chapter 18, Code of Ordinances.
b. Alignment
and direction of display. Permitted banners may only be displayed vertically,
perpendicular or parallel to the curb of a street along the sides of public
right-of-way. No banner shall be suspended or extend across the public
right-of-way from one side of a street to the other side of a street.
c. Size,
materials, placement.
1. No
Banner shall exceed 30 inches in width or 72 inches in length provided that a
larger Banner may be permitted if an applicant for a Banner Permit furnishes to
the director a wind load analysis, signed and sealed by a registered
professional engineer of the State of Missouri, setting forth that the
potential wind load on the pole for each proposed display for the total banners
on each pole is within the design standards for the pole installation.
2. The
lowest edge of the Banner shall not extend less than 16 feet above the level of
the street.
3. Vinyl-coated
nylon or a similar fabric Banners are permitted so long as they are constructed
of weatherproof and flame-retardant material
4. The
number and placement of banners shall limited as follows:
i. One
banner bracket set per pole.
ii. A
maximum of 2 banners may be installed on a single bracket set.
iii. Banners
shall not be placed closer than 200 feet from other banners except at
intersections and those streets in the central business district freeway loop.
5. If
the process of installation or removal of the banners will result in a
disruption of traffic, then the applicant shall comply with all of the
applicable regulations, and obtain such traffic control permits and pay the
applicable fees.
d. No
Banner permit shall be issued if the applicant has failed to meet all
requirements set forth in this subsection; if at the time of the proposed
display there will be a conflict of time with city sponsored Banners at the
proposed location; if at the time of the proposed display there will be a
conflict with construction activities at the proposed location; if the proposed
Banner contains a display of a religious message or symbol; or if the proposed
Banner contains a commercial advertisement of any kind.
e. As
a condition for the issuance of a Banner permit, the applicant shall furnish
and maintain a restoration deposit in the amount of $50.00 for each pole upon
which a banner will be attached under the permit. Upon city approval of the
satisfactory removal and restoration of the Banners and hanging brackets by the
permittee, the restoration deposit, less any amount used for removal or
repairs, will be refunded to the permittee.
f. As
a condition for the issuance of a permit for an Event Banner, the applicant
shall pay the city an inspection fee of $50.00 for the first pole and $2.00 for
each additional pole under the permit.
g. There
shall be no inspection fee for the issuance of a permit for a Neighborhood
Banner.
(5) Duration
for display.
a. The
Banner permit for the display of an Event Banner shall not exceed 90 days.
b. The
Banner permit for display of a Neighborhood Banner shall not exceed 365 days.
c. A
Banner permit may be renewed, following approval of an application and payment
of the permit fee and compliance with all other requirements set forth in this
subsection.
d. Unless
otherwise approved by the director, upon expiration of a Banner permit, banners
and hanging brackets shall be removed by the permittee. During the permit
period, damaged, deteriorated, or faded banners shall be removed by the
permittee and may be replaced. If the permittee fails to remove the banner and
hanging brackets within a reasonable time after expiration of the Banner permit
or within a reasonable time after notification by the city that a banner is
damaged, deteriorated, or faded, then the city may remove the banners and
brackets without notice and charge the permittee a removal fee of $50.00 per
pole. Upon removal by the city, title to all materials, which have been
removed, shall vest in city as partial compensation for the cost of removal.
e. The
issuance of a Banner permit is a license and not a grant and may be revoked by
the director at his discretion; upon revocation the permittee shall cause the
removal of the facilities and the restoration of the area without expense to the
City.
f. The
insurance must remain in force during permitted duration. If at any time the
insurance expires or is cancelled, the permit shall be deemed null and void and
the banners are to be removed from public property. If a reasonable time lapses
upon such expiration or cancellation, and the permittee has not removed the
banners and brackets, the City may remove them without notice. Upon removal by
the City, title to all materials, which have been removed, shall vest in City
as partial compensation for the cost of removal.
(g) Encroachment ordinance
license fee and application fee. The provisions in this subsection shall
apply to encroachments to deposit, place, erect or maintain any structure,
material, article, substance, decoration or thing on, in or above any street,
curb, gutter, park, parkway, sidewalk or public place of the city but shall not
apply to Banners.
(1) Whenever
any person or organization shall desire to use a portion of any street or
sidewalk for one of the purposes mentioned in subsection (g) of this section,
the director shall, upon review and approval, finding the encroachment to be
reasonably necessary, in the public interest and not containing commercial
advertising nor religious messages or symbols, prepare an ordinance to allow
said encroachment and submit it to the City Council for review and consent. The
director also may issue to such person or organization a temporary permit to
use a portion of such street to such extent and for such time, as the director
shall find to be reasonably necessary and in the public interest.
(2) Encroachments.
Encroaching uses of any street or sidewalk that require an ordinance include
but are not limited to subdivision and community markers, private
telecommunication lines, retaining walls, private sewer lines and private storm
drain lines. Encroaching uses of any street or sidewalk for which the director
may issue a temporary permit include but are not limited to monitoring wells
and directional signage.
(3) Application.
An applicant for an encroachment under subsection (g) of this section shall:
a. Submit
a letter of request and eight (8) sets of plans depicting the encroachment to
the City Engineer that contains the following information:
1. Property
owners name, address and telephone number.
2. Name
of project.
3. Description
of the project.
4. Detailed
reason and use for the encroachment.
5. Applicants
name, address and phone number.
b. Submit
a letter from each public utility stating no interference with their facilities
will be required.
c. Submit
plans which shall contain the following information:
1. Name
and address of the owner of the installation.
2. Signature
and seal of a registered professional engineer of the State of Missouri (where applicable).
3. Plan
and elevation views of the installation along with details of appurtenances,
cross-sections and construction notes as required and pictures, if available.
4. Dimensions
locating the encroachments in relation to street and/or easement right-of-way
lines, lot lines and land lines to locate the facilities to be constructed.
d. Submit
an insurance certificate that meets the requirements named in subsection (e) of
this section. The insurance must remain in force during permitted duration. If
at any time the insurance expires or is cancelled, the permit shall be deemed
null and void and the encroachment shall be removed from the public property.
If the permittee fails to remove the encroachment, then the city may remove it
without notice and may charge the cost of removal to the permittee. Title to
all materials removed by the city shall vest in city.
e. Show
proof of membership in a statewide one-call notification center for
encroachments for a privately owned underground utility.
f. Obtain
approval of the abutting property owners.
g. Obtain
the approval of the Municipal Art Commission if required.
(4) Application
fee. Any person filing an application submitted for special ordinance
approval of private use of public property shall pay a nonrefundable
application fee of $150.00 to the city to defray the expense of investigating
the application, issuing the permit and drafting an ordinance if required. The
application fee shall be deposited into an account established for the
Engineering Division of the Department of Public Works for right-of-way service
charge-outs.
(5) License
fee. The Encroachment into the right-of-way shall be subject to the
imposition of a reasonable license fee in an amount established by the city
based on the fair market value of the use of such space. The Council may modify
or waive the imposition of a license fee if it determines that it is the best
interests of the public. Unless waived, the fee shall be payable prior to
issuance of any required permits to construct the encroachment or prior to the
installation of the encroachment if no permits are required. The calculated
license fee, if imposed, shall be reduced by the amount of the assessed
application fee. The license fee, if imposed, shall be deposited into the
general account of the city.
(6) The
permission granted under this subsection shall be construed as a permit and not
a grant and may be revoked by the director at his discretion; upon revocation
the permittee shall cause the removal of the facilities and the restoration of
the area without expense to the city.
(7) Any
person or organization obtaining either an ordinance allowing an encroachment
of any street or sidewalk or a temporary permit to use a portion of any street
or sidewalk shall comply with Section 64-116 of this code.
_____________________________________________
Approved
as to form and legality:
________________________________
William
Geary
Assistant City Attorney