FOURTH COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 011729
Amending Chapter 70, Code
of Ordinances, by repealing Section 70-39, Authority of director to close
streets, sidewalks and other travelways; authority to establish emergency
parking restrictions, and enacting in lieu thereof a new section of like number
and subject matter to establish an application fee, traffic control fees,
traffic control plan preparation fee and modification of fees for annual
traffic control permits, and festival permits.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 70, Code of Ordinances of the City of Kansas City, Missouri, is amended
by repealing Section 70-39, Authority of director to close streets, sidewalks
and other travelways; authority to establish emergency parking restrictions,
and enacting in lieu thereof a new section of like number and subject matter,
to read as follows:
Sec. 70-39. Authority of
director to close streets, sidewalks and other travelways; authority
establish emergency parking restrictions.
As used in this
means a street or highway intended to provide access to the rear or side of
lots or buildings in urban districts and not intended for the purpose of
through vehicular traffic.
Traffic (ADT) means the following expected average daily traffic for the
road classifications in the citys Major Street Plan, approved by City Council
Ordinance 40346, October 7, 1971 as amended, unless an applicant provides
traffic counts obtained under the supervision of a professional engineer, in
which case those counts, if approved by the city, may be used in lieu of the
values specified herein.
Classification expected ADT ADT
to be used
least 15,000 veh. per day 15,000 veh. per day
Primary Arterials- at
least 10,000 veh per day 10,000 veh. per day
Secondary Arterials- 5,000 to 10,000 veh per day 5,000
veh. per day
Other streets less than 5,000 veh per
day 500 veh per day
means a piece or parcel of land entirely surrounded by public highways,
streets, streams, railway rights_of_way or parks, or a combination thereof. The
director of codes administration shall decide any question regarding the limits
or extent of a block.
Distance means (1) the distance of a lane closure including approaches if
only a portion of the public right-of-way is closed so that traffic is diverted
to different lanes in the same public right-of-way as determined by a traffic
control plan approved by the director of public works, and (2) the distance of
the alternate route as determined by a traffic control plan approved by the
director resulting from a complete closure of the public right-of-way.
the director of Public Works of Kansas City unless otherwise defined herein.
means a condition that poses a clear and immediate danger to life or health, or
a significant loss of property or requires immediate repair or replacement in
order to restore service to a customer.
Plan means the original document
approved by the Council by Ordinance No. 40346 on October 7, 1971, as amended
from time to time.
means an individual, firm association, partnership, limited liability company,
corporation or any other organization.
means an area of land designated and reserved for public travel whether
vehicular or pedestrian and includes a street, a median, a parkway, pedestrian
sidewalk and bikeway.
control permit fee formula means the basic formula to determine the amount
of the fee for closing driving lanes of a road to be applied as follows:
ADT for the designated classification of the road is multiplied by the number
of days for closure of the street or part thereof, multiplied by the Detour
Distance in linear miles, multiplied by the Unit Cost, multiplied by the
specified factor for direction of travel, multiplied by the specified factor
for driving lanes.
(UC) shall be 10 cents per linear mile which shall be adjusted annually to the
nearest cent by the director to reflect the change in the consumer price index
(all items/all urban consumers/Kansas City, Missouri/Kansas) published by the
United States Department of Labor, Bureau of Labor Statistics.
control permits. The director shall have authority to close or issue a
close any street, sidewalk,
or any other city maintained public right-of-way or part thereof when, in the
director's opinion, the closing is necessary for construction, maintenance, or
for the protection of public health or safety or other special condition.
Except for an emergency, no street, sidewalk or other city maintained portion
of public right-of-way shall be closed by any person to traffic for any purpose
without first obtaining a traffic control permit from the director of public
works. In the event a person causes a closure required by an emergency, such
person shall file an application for a traffic control permit and pay the
appropriate fees associated therewith the next regular business day after the
closure. The director shall have authority to establish reasonable regulations
for the issuance, use, revocation and denial of such permits. Nothing in this
section shall authorize the use of a public sidewalk for a commercial purpose.
fee. An application fee of $50.00 shall accompany each application for a
traffic control permit. The application fee is to defray the various costs
incurred by the city in investigating and processing the applications and
issuing the permit and inspection of the site of the traffic control. The
application fee is not refundable.
(d) Form of
application. An application for a traffic control permit shall be
completed on a form furnished by the director and shall include a detailed
traffic control plan.
control plan. A traffic control plan submitted to the director for
approval shall comply with the requirements of the Manual of Uniform Traffic
Control Devices (MUTCD) in force on the date of the application and shall
include a dimensioned drawing that identifies the following:
(1) The location of the
right-of-way to be closed, including all approaches.
(2) The location of a detour route.
(3) The location of all traffic
control devices required for the closure of the right-of-way and signage for
the detour route(s).
(4) If applicant does not provide a
traffic control plan, upon request by the applicant, the department of public
works will prepare a plan and applicant shall pay the city a nonrefundable fee
in the amount of the direct costs and overhead incurred by the department of
public works as determined by the director. In no event will such fee be less
control permit fees. In addition to the application fee, and a traffic
control plan preparation fee if applicable, a traffic control permit fee shall
be charged for the closure of the public right-of-way. The amount of the
traffic control permit fee shall be the sum of the fees for each direction of
travel determined by applying the traffic control fee formula using the
(1) Factor for direction of
travel. For a two way street, the factor for each direction of travel shall be
0.50. For a one-way street, the factor for direction of travel shall be 1.00.
(2) Factor for driving lanes. The
factor for driving lanes shall be as set out in the following chart:
Number of driving
lanes closed for the
direction of travel 1 2 3
Total number of
driving lanes for the
direction of travel
lanes 0.40 1.00
0.40 0.65 1.00
0.35 0.55 0.70 1.00
(3) For lane closures between 9AM
and 4PM if the lane is otherwise opened for public travel, the traffic control
permit fee shall be reduced by 50%. For lane closures between 6 PM and 7 AM if
the lane is otherwise opened for public travel, the traffic control permit fee
shall be reduced by 70%. If the closure of a lane is limited to Saturday,
Sunday or a holiday, the traffic control permit fee shall be reduced by 70%.
(4) For each alley within a block,
the traffic control permit fee shall be $1.50 per day or portion thereof.
(5) Turn lanes and lanes for bus
stops shall be treated as driving lanes.
intersections, the lanes for each direction of travel of the intersecting
street shall be treated separately.
(7) The minimum Detour Distance to
be used to calculate the traffic control permit fee shall be 0.0625 miles.
(8) Parking lanes with meters: For parking
lanes with meters, the traffic control permit fee shall be $3.00 per meter per
day or portion thereof, except for Saturday, Sunday and holidays.
(9) Parking lanes without meters:
For regulated parking lanes without meters, the traffic control permit fee
shall be 60 cents per day or portion thereof for each 20 feet of such
(10) A parking lane with designated
hours for parking, shall be considered a driving lane if it is closed during
the hours when parking is prohibited.
(11) Sidewalk/Non Roadway Area: For
sidewalk/non roadway area, the traffic control permit fee shall be 60 cents per
day or portion thereof for each 20 feet of sidewalk or non roadway area of such
right-of-way closed. If sidewalk/non-roadway area is closed in conjunction
with the adjacent lane closure, the traffic control permit fee for
sidewalk/non-roadway area shall be reduced by 50%.
permits. In lieu of a traffic control permit issued by the director under
the requirements contained in subsections (c), (d), (e), and (f) of this
section, the director may issue an annual traffic control permit for each
construction or maintenance vehicle used in a partial blockage of a street,
sidewalk, or other city maintained public right-of-way to a qualified applicant
complying with all of the following conditions:
(1) Those utilities and other
companies operating under a franchise agreement with the city,
telecommunications companies paying the occupational license taxes required by
sections 40-360 and 40-361, Code of Ordinances, city departments, and
contractors acting as an agent for same, if experienced in proper traffic
control procedures and approved by the director, and the approved agent(s) for
the recognized statewide utility locating network, of which the city is a
member, are eligible for annual traffic control permits.
(2) An annual traffic control
permit issued for and exclusively assigned to a particular vehicle of the
(3) An annual traffic control
permit shall not apply to more than one right-of-way closure during the same
(4) An annual traffic control
permit shall not apply to closures involving more than one half of the total
number of traffic lanes of a street, to closures that extend beyond 500 feet,
and closures that include an intersection of two streets.
(5) The annual traffic control
permit will only exempt the permit holder from the requirements for an
individual traffic control permit if :
a. The reason for the
closure is nondestructive work in the public right-of-way; or
b. An excavation
including all pavement is completely restored and open for normal traffic flow
in the street, sidewalk or other city maintained right-of-way within 72 hours,
provided that temporary street surface repairs with cold mix asphalt patching
material are acceptable during the months of November through March.
(6) If approved by the director for
an annual traffic control permit, payment of the annual traffic control permit
fee to the city in the amount of $200.00
(7) The director is authorized to
establish reasonable regulations for the issuance, use, and revocation of
annual traffic control permits.
traffic control permits. For closure of a street, not identified as a
major street in the Citys Major Street Plan, required for water/sewer main
connections and disconnections performed by a plumber who has obtained a permit
to excavate in such right_of_way for making a connection or disconnection of a
private water or sewer line to a city main line, such plumber may obtain a
Plumbing traffic control permit for the life of such excavation permit, by
payment of an additional fee of $25.00 per excavation permit.
(i) Time for
restoration of traffic control devices. All permanent traffic control
devices including pavement markings and signs disturbed by work performed
pursuant to a traffic control permit shall be restored by the permit holder
within 72 hours after completion of the work.
For closure of a street required by a festival, the applicant shall certify
that no less than ten days prior to the proposed festival, all owners or
property managers of property adjacent to the street closure have been notified
in writing of the (1) name of the event; (2) name of the sponsor organization, if
any, including mailing address and telephone number; and (3) date, starting and
ending times of the event. The applicant is responsible for post-event cleanup
on the streets, sidewalks and public ways. The applicant for a festival permit
shall meet all the requirements set forth in this section including the
provisions for the application fee, traffic control plan fee if applicable, and
the traffic control permit fee.
Neighborhood block party permits.
(1) The neighborhood block party
permit authorizes the applicant to barricade a specified portion of a street,
not identified as a major street in the Citys Major Street Plan, using city
approved barricades, denying access to through traffic (except emergency
vehicles and residents who reside within the barricaded area) to conduct a
neighborhood block party. No fee shall be charged for a Neighborhood block
(2) The applicant must be either a
neighborhood resident or the neighborhood homes association group. The
applicant shall be made on a form provided by the director at his office in
city hall. The applicant must provide evidence on the application form that all
of the residents who live in the blocked off area have been notified in writing
of the proposed neighborhood block party and that a minimum of 60 percent of
these residents are in favor.
(3) Neighborhood block parties
shall be conducted only between the hours of 7:00 a.m. and 10:00 p.m. The
applicant is responsible for post-event cleanup on the streets, sidewalks and
or dumpsters. The fee to place a trailer or dumpster in the sidewalk,
non-roadway area of the right-of-way or street right-of-way shall consist of an
application fee of $50.00 and a traffic control permit fee resulting from that
obstruction within the right-of-way. For the placement of a single trailer or
dumpster, not in excess of 50 feet in length, used for purposes of construction
or demolition work, placed in the sidewalk, non-roadway area of the
right-of-way or the curb lane of street right-of-way areas of a street, not
identified as a major street in the Citys Major Street Plan, an applicant may
elect to pay a flat traffic control fee of $10.00 per day or portion thereof
instead of the other traffic control permit fees provided in this section, in
which case there shall be no application fee charged.
Waiver. Fees set forth in this section shall not apply to the
(1) Except for the Water Services
department and the Aviation department, City departments and their contractors
performing roadway or roadway feature related work, including landscaping,
maintenance or repair.
(2) Firms or agencies required by
the city to relocate utilities.
(3) Transportation facility
improvement projects funded by federal, state or local governments.
(4) When the director finds that it
is necessary to close the street for the immediate protection of public safety.
That portion of a project by a private developer that involves
improvements to existing infrastructure and facilities in the public right of
way, including but not limited to utilities, sidewalks, acceleration lanes,
deceleration lanes, turn lanes and traffic signals, so long as the increase of
the operating capacity or revised geometrics of said infrastructure and
facilities is not primarily required to serve the development.
fees. Absent an emergency situation, as defined by the director in rules
and regulations which reflect the need for prompt action to protect the public
safety, the fees established by this section shall be doubled for any permit
and associated inspection if work is commenced prior to obtaining a permit.
parking restrictions. The director may establish emergency parking
restrictions or prohibitions upon any street or part thereof upon the request
of any responsible applicant when the parking restrictions are necessary for
construction or other special conditions. The applicant shall notify the
public works department immediately when construction is complete or when any
special conditions cease to exist.
control devices. The director may install, allow or require responsible applicants
to install, traffic control devices giving notice of the approved emergency
parking restrictions or prohibitions permitted under subsection (o) of this
section. If an applicant installs traffic control devices, then the applicant
shall immediately notify the public works department when the traffic control
devices are installed and shall immediately remove the traffic control devices
when construction is complete or the special conditions end.
(q) Use of
fees for traffic control purposes. All fees collected pursuant to this
section shall be allocated to the public works department to be used for
traffic control purposes.
Except for the provisions of subsection (f), which shall take effect May 1,
2003, all other provisions of this ordinance shall take effect January 1, 2003,
provided that all provisions of this ordinance shall not apply to right of way
closures directly resulting from projects or work that have been permitted by
the City prior to the effective date of the applicable provision of this
as to form and legality: