Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES

Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES Chapters: Chapter 12.04 - SIDEWALK CONSTRUCTION, REPAIR AND SNOW REMOVAL Chapter 12.08 - EXCAVATIONS AND OBSTRUCTIONS Chapter 12.12 - MISCELLANEOUS STREET AND SIDEWALK USE REGULATIONS Chapter 12.16 - CEMETERIES Chapter 12.20 - CITY PARKS Chapter 12.24 - FIRING RANGE Chapter 12.28 - REMOVAL OF DANGEROUS TREES OR OBJECTS Chapter 12.32 - PUBLIC RIGHTS-OF-WAY Chapter 12.04 SIDEWALK CONSTRUCTION, REPAIR AND SNOW REMOVAL Sections: 12.04.010 Sidewalk grade Permit. 12.04.020 Sidewalk specifications. 12.04.030 Sidewalk petition. 12.04.040 Sidewalks Condemnation and reconstruction. 12.04.050 Construction by city Notice and publication. 12.04.060 Request to city by abutting owner. 12.04.070 Assessment of cost. 12.04.080 Repairs by owner or city. 12.04.090 Repair and removing snow. 12.04.100 Repair or removal by city. 12.04.010 Sidewalk grade Permit. Hereafter all sidewalks constructed or reconstructed in the city shall be constructed on the established grade. When the mayor and council shall order a sidewalk constructed as provided in this chapter, the city shall pay the cost of bringing the street to grade for the sidewalk. Where no grade has been established, the owner of abutting property may construct a sidewalk on the natural grade, but before any such sidewalk shall be constructed, the persons proposing to do the same shall apply to the city clerk for a permit before commencing the work. If the grade has been established, the street superintendent shall furnish the property owner with the official grade by reference to a stated distance above or below the street grade. Ellsworth, Kansas, Code of Ordinances Page 1

(Prior code 13-101) 12.04.020 Sidewalk specifications. Hereafter all sidewalks shall be of single-course construction and shall be constructed and laid in accordance with standard plans and specifications (including width and location in street) adopted by reference and filed in the office of the city clerk as provided by law. It is unlawful for any person, firm or corporation to construct, reconstruct or repair any sidewalk except as provided by this chapter. (Prior code 13-102) 12.04.030 Sidewalk petition. When a petition signed by not less than ten (10) citizens owning real estate in the city praying for the construction of a sidewalk or sidewalks is filed with the city clerk, the governing body may in its discretion, by a resolution, order such sidewalk constructed as provided in this chapter. (Prior code 13-103) 12.04.040 Sidewalks Condemnation and reconstruction. When any sidewalk, in the opinion of the governing body, becomes inadequate or unsafe for travel thereon, the governing body may adopt a resolution condemning such walk and providing for the construction of a new walk in the place of the walk condemned. (Prior code 13-104) 12.04.050 Construction by city Notice and publication. The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of the abutting property not less than thirty (30) days nor more than sixty (60) days after its publication one time in the official city paper in which to construct or cause to be constructed or reconstructed the sidewalk at his or her own expense. If the sidewalk is not constructed by the property owner within the time specified, the governing body shall cause the work to be done by contract. (Prior code 13-105) 12.04.060 Request to city by abutting owner. Nothing in this chapter shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance with official plans and specifications for the purpose and which meets such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city, to construct or reconstruct a sidewalk without any petition or a condemning resolution adopted by the governing body; provided, that if such property owner desires the sidewalk to be constructed or reconstructed by the city and an assessment levied as provided by law in other cases, he or she shall file a request with the governing body and the governing body, in its discretion, may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the governing body. (Prior code 13-106) Ellsworth, Kansas, Code of Ordinances Page 2

12.04.070 Assessment of cost. The cost of all sidewalks shall be assessed against the property abutting on the sidewalk as provided by law; provided, that where a sidewalk is condemned and a new sidewalk constructed, the materials of the old sidewalk shall be the property of the city, except in those cases where the property owner builds the new sidewalk and pays for the same without any assessment having to be made, and in such cases he or she shall remove the old material from the street. (Prior code 13-107) 12.04.080 Repairs by owner or city. It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the city may, without notice, make all necessary repairs at any time. The same shall be done and the cost thereof assessed against the lot or piece of land abutting on the sidewalk so repaired as may be provided by law. (Prior code 13-108) 12.04.090 Repair and removing snow. It is made the duty of the owner and of the occupant of any lot abutting upon any sidewalk to cause the repair of any defective places in such sidewalks, and to remove any snow or ice which may accumulate thereon, within twenty-four (24) hours after such walk becomes defective or after snow or ice accumulates thereon. (Prior code 13-301) 12.04.100 Repair or removal by city. If any owner and occupant of any lot or lots shall refuse or neglect to repair any defect or to remove from the sidewalk abutting the lot or lots all snow and ice within the time specified, the city marshal may cause such walk to be repaired, or such snow or ice to be removed from the sidewalk and the cost thereof shall be assessed against such abutting lot or lots and such costs shall be collected in the same manner as is required for the building of sidewalks. (Prior code 13-303) Chapter 12.08 EXCAVATIONS AND OBSTRUCTIONS Sections: 12.08.010 Barricade protection Required. 12.08.020 Excavations. 12.08.030 Refilling after excavation. 12.08.040 Guarding obstructions. 12.08.050 Power of mayor. 12.08.060 Closing of street. 12.08.070 Expenses to be paid. 12.08.080 Trees and shrubs. Ellsworth, Kansas, Code of Ordinances Page 3

12.08.010 Barricade protection Required. Every person having charge of any construction or excavation adjacent to or under any sidewalk or street, during the progress of such work, shall be required to properly protect their work by barricading the same both day and night, and by the display of lanterns at night. (Prior code 13-201) 12.08.020 Excavations. Any person, company or corporation, desiring to make excavations or dig ditches in the city for the purpose of making any public or private improvements, shall first receive permission in writing from the mayor or street superintendent, and the person, company or corporation making such excavations or digging such ditches shall carefully guard and protect the same so as to prevent accidents, and in the night time shall place lights around and on same at short intervals, not exceeding twenty-five (25) feet, so as to warn everyone of the existence of such excavations or ditches, and such excavations or ditches shall not remain open any longer than is necessary. (Prior code 13-203) 12.08.030 Refilling after excavation. The party so making any excavations or ditches shall refill the same and grade the street or alley so that the street or alley shall be in as hard, level and in as good condition as it was before such excavations or ditches were made. (Prior code 13-204) 12.08.040 Guarding obstructions. No obstruction shall be placed upon any street or alley of the city, or on any property of the city, unless written permission shall have first been obtained as provided in this chapter, and the party so placing any obstructions shall carefully guard and protect the same so as to prevent accidents, and in the night shall place lights around and on same at short intervals, so as to warn everyone of the existence of such obstructions, and such obstructions shall not remain on any street or alley of the city, or on any property of the city, any longer than is necessary. (Prior code 13-207) 12.08.050 Power of mayor. If the mayor or street superintendent at any time is not satisfied with the precautions taken to guard any excavations, ditches or obstructions they may order and direct such other and additional precautions as they deem necessary, and may at once stop the further progress of any work or improvements until such additional precautions are made and done, and any person, company or corporation, failing to comply with any orders or directions of the mayor or street superintendent in the premises, shall be deemed guilty of a violation of this chapter. (Prior code 13-208) 12.08.060 Closing of street. The mayor or street superintendent may order or direct the closing of any streets or alleys or any part thereof so as to prevent travel thereon during the making of excavations, digging of ditches or placing thereon obstructions, for public or private improvements. Ellsworth, Kansas, Code of Ordinances Page 4

(Prior code 13-209) 12.08.070 Expenses to be paid. Should any person, company or corporation fail to comply with the provisions of this chapter or fail to comply with the orders and directions of the mayor or street superintendent as provided in this chapter, then the city or its officers may, at the expense of such person, company or corporation, fill up such ditches or excavations and grade the ground, or remove any obstructions. (Prior code 13-210) 12.08.080 Trees and shrubs. A. Duty to Remove or Trim. It shall be the duty of the owners of all property abutting on any sidewalk or street to remove or trim any shrubbery or trees overhanging or obstructing traffic on the street or sidewalk abutting the property whether the trees or shrubbery planted and growing be located on the parking or property adjacent to said street or sidewalk. B. Failure to Remove or Trim. In the event any property owner fails to remove or trim any shrubbery or tree obstructing traffic on any sidewalk or street within ten days after receiving notice in writing thereof from the city clerk, the mayor may with the approval of the city council cause such shrubbery or tree to be trimmed or removed and to report the cost thereof to the city council at the next council meeting to be assessed as a tax against the lot or piece of ground abutting on such sidewalk or street. C. Duty of City Clerk. It shall be the duty of the city clerk to certify to the clerk of Ellsworth County the amount of the costs of all removal or trimming of trees or shrubbery with the proper description of the adjacent lot or piece of ground to be placed on the tax roll for collection. (Prior code 13-401 13-403) Chapter 12.12 MISCELLANEOUS STREET AND SIDEWALK USE REGULATIONS Sections: 12.12.010 Vehicles on sidewalks. 12.12.020 Excavation into Safety precautions. 12.12.030 Cellars. 12.12.040 Barbed wire fences. 12.12.050 Spitting on sidewalks. 12.12.010 Vehicles on sidewalks. A. It is unlawful for any person to ride or cause to be ridden any vehicle, including bicycles and motor cycles, upon any sidewalk within the city. B. Any person who shall in the city ride or drive, any motor vehicle, on or over or across any sidewalk or footway otherwise than by necessarily going in or out of premises owned or occupied by him or her or his or her employer, shall upon conviction thereof be adjudged guilty of a misdemeanor. (Prior code 12-501, 13-205) Ellsworth, Kansas, Code of Ordinances Page 5

12.12.020 Excavation into Safety precautions. Any person who shall in the city make or cause to be made any excavation in or adjoining any public highway or public place, and shall not in some substantial manner secure the same from persons or animals falling therein, shall upon conviction thereof be adjudged guilty of a misdemeanor. (Prior code 12-502) 12.12.030 Cellars. Any person who shall in the city leave open any cellar door or grating on any street, alley or on any sidewalk, or shall permit any such door or grating belonging to the premises owned or occupied by him or her, or under his or her control, to be in an insecure condition, whereby persons may be in danger of falling into such cellar or other place shall upon conviction thereof be adjudged guilty of a misdemeanor. (Prior code 12-503) 12.12.040 Barbed wire fences. Any person who shall construct or maintain a barbed wire fence, within the city, along or on the line of any street, alley, sidewalk or within such line on his or her premises, shall upon conviction thereof be adjudged guilty of a misdemeanor. (Prior code 13-202) 12.12.050 Spitting on sidewalks. Any person who shall spit or expectorate upon any of the sidewalks of the city, or throw, place or deposit any slops or noxious, offensive or unclean waste thereon shall upon conviction thereof be adjudged guilty of a misdemeanor. (Prior code 13-206) Chapter 12.16 CEMETERIES Sections: 12.16.010 Purpose. 12.16.020 Definitions. 12.16.030 Supervision of cemetery. 12.16.040 Care of cemetery. 12.16.050 General regulations. 12.16.060 Sale and purchase of plots. 12.16.070 Interments. 12.16.080 Memorials and markers. 12.16.090 Fees. Ellsworth, Kansas, Code of Ordinances Page 6

12.16.010 Purpose. These rules and regulations are designed for the protection of lot and plot owners as a group. These rules and regulations are adopted as the rules and regulations of the Ellsworth City cemeteries, and all owners, visitors, and contractors performing work within the cemeteries shall be subject to the rules and regulations, amendments or alterations as shall be adopted by the city from time to time. (Ord. 2647 1-101, 1989) 12.16.020 Definitions. As used in this chapter: "Cemetery" means Ellsworth Cemetery and Ellsworth Memorial Cemetery. "City" means the city of Ellsworth, Kansas. "City office" means the place where the records are kept; presently at City Hall, city clerk's office, Ellsworth, Kansas. "Contractor" means any person, firm or corporation engaged in placing, erecting, repairing any memorial or marker, or performing any work in the cemetery grounds other than an employee of the city. "Deed" applies to the original conveyance given by the city to the original purchaser. "Grave space" means a space of sufficient size to accommodate one adult interment except when used in direct reference to the infant row in which case, "grave space" shall mean a space of sufficient size to accommodate one infant interment. "Infant row" means the designated area allowing for interment of infants of two years of age or less. "Interment" means cremation and inurnment or burial of the remains of a deceased person. "Lot" applies to numbered divisions as shown on the record plat, which consists of two or more grave spaces. "Marker" means any monument, tablet, headstone or tombstone upon or in any lot or plot placed therein or partially therein for the purpose of identification or in memory of the interred that, upon completion of site construction, is less than eight inches in height from the established grade. "Memorial" means any marker, monument, tablet, headstone or tombstone upon or in any lot or plot placed therein or partially therein for the purpose of identification or in memory of the interred that, upon completion of site construction, is in excess of eight inches in height from the established grade. "Owner" means the owner of a cemetery lot, space or spaces. "Plot" means lot, grave space or grave spaces. "Potter's field" means the designated area allowing for indigent interments. (Ord. 2647 2-101, 1989) 12.16.030 Supervision of cemetery. The city reserves the right to compel all persons coming into the cemetery to obey all rules and regulations adopted by the city. The right to enlarge, reduce, replat or change the boundaries or grading of the cemetery or of a section or sections, from time to time, including the right to modify or change the locations of (or any part thereof), or remove or regrade roads, drives and walks, is expressly reserved. The right to lay, maintain and operate, or alter, or change pipe lines or gutters for sprinkling systems and drainage, is also expressly reserved, for cemetery purposes, including the interring and preparing for interment of dead human bodies, or for Ellsworth, Kansas, Code of Ordinances Page 7

anything necessary, incidental, or convenient thereto. The city reserves to itself and to those lawfully entitled thereto, a perpetual right of ingress and egress over lots and plots for the purpose of passage to and from other lots and plots. Persons within the cemetery shall use only the designated roads, walks and alleys. (Ord. 2647 3-101, 1989) 12.16.040 Care of cemetery. All work on lots and plots will be done by the employees of the city under the direction of the city, except when permission is otherwise granted by the governing body of the city. All grading of lots and plots, shall be done and all trees, shrubs and herbage of any kind shall be planted, trimmed, cut or removed and all openings and closing of grave space, and all interments, disinterments and removals shall be made by the city. The general care of the entire cemetery grounds, lots and plots will be assumed by the city. General care shall in no case mean the maintenance, repair or replacement of any memorial, marker or tomb placed or erected upon lots or plots; nor the doing of any special or unusual work in the cemetery; nor the reconstruction of any marble or granite work on any section, lot or plot, or any portion or portions thereof in the cemetery caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or by the order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided. No laborers, except city employees, shall be allowed or permitted in the cemetery for construction of any kind, without special permission of the city stating the exact nature of the work to be performed and the location. The permit shall be valid for ninety (90) days from the date of issuance. No enclosure of any kind, such as a fence, coping hedge or ditch, shall be permitted around any grave, lot or plot. Grave mounds will not be allowed and no lot or plot shall be raised above the established grade, except during months when the water is shut off in the cemetery. If any tree, shrub or plant standing upon any lot or plot, by means of its roots, branches or otherwise, is or becomes detrimental to adjacent lots, plots, walk ways, roads or alleys, or if for any other reason the removal of said object(s) is deemed necessary, the city shall have the right, and it shall be the city's duty, to remove such tree, shrub or plant, or any part thereof, or otherwise correct the condition existing as in the city's judgment seems best. Owners may plant additional grass at any time on their lots or plots. (Ord. 2647 4-101, 1989) (Ord. No. 3040, 5-28-2013; Ord. No. 3046, 11-12-2013) 12.16.050 General regulations. A. If any memorial, marker or any structure whatsoever, or any inscription to be placed on same shall be determined by the city to be offensive, the city shall have the right and it shall be the duty of the city to enter upon such lot or plot and remove, change or correct the offensive or improper object or objects at the expense of the owner and/or contractor. B. Temporary markers must be removed from the cemetery within two years of the marked interment. C. No benches or art objects may be placed on any lot or plot in the cemetery except by written consent of the city. D. The city has authority to enter upon any lot or plot to do all work in care, maintenance and improvements which the city shall deem necessary and to remove any objectionable thing or any erection that may have been placed within the cemetery contrary to the regulations of the city, and the city may remove any dead or damaged tree, shrub or vine. E. Nothing, including plantings, may be placed in front of or behind a monument or marker except in the case of veteran medallions as approved by the city council. Ellsworth, Kansas, Code of Ordinances Page 8

F. All urns placed on lots or plots and not in use or cared for will be removed. G. During mowing season, all plants, baskets, or other containers, must be placed at the ends of, and in line with the monument or marker. Flowers and plants set at the ends of the monument or marker will not be molested if properly cared for by the lot or plot owner. Whenever said flowers or plants become unsightly, it is the duty of the city to remove the flowers or plants. H. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, lot, plot, tree, shrub or urn. I. The throwing of rubbish on any part of the cemetery property or within the buildings except in designated, city-maintained trash receptacles is prohibited. J. Employees of the city are not permitted to do any work for lot or plot owners except upon order of the city. K. No horses, cows, sheep, goats, dogs or cats shall be led, ridden or allowed to be loose in the cemetery. L. Bringing lunches, beer or intoxicating liquors into the cemetery is strictly forbidden. M. Persons visiting the cemetery or attending funerals are prohibited from picking flowers, wild or cultivated; breaking or injuring any tree, shrub or plant; or from writing upon, defacing or injuring any memorial, marker, fence or other structure within the cemetery grounds. N. Any person found on the grounds after 11:00 p.m. is a trespasser. O. No person(s) other than an employee of the city, shall be permitted to bring firearms within the cemetery except a military guard of honor or a law enforcement guard of honor, and then only when in the charge of an officer and during a military or law enforcement officer service. (Ord. 2647 5-101, 1989) (Ord. No. 3040, 5-28-2013; Ord. No. 3046, 11-12-2013) 12.16.060 Sale and purchase of plots. A. The instrument of conveyance of these rules and regulations and any amendments thereto, constitute the sole agreement between the city and the lot or plot owner. B. Each owner is vested with the ownership of his or her lot or plot for the sole purpose of interment of human dead bodies. Ownership cannot be conveyed without the assent of the city, nor any use, division or improvements of lots or plots may be made which the city prohibits, or may deem improper. The owner of lots or plots may dispose of same by will, subject to the foregoing conditions: 1. If the owner dies intestate, the ownership will descend to his or her heirs according to the laws of descent; and 2. Owners shall keep the city informed of their current address. C. When full payment of the purchase price of the lot, plot or grave space has been received by the city, a deed will be issued to the purchaser. Should a lot or plot not be paid in full within one year after purchase, the city reserves the right to enter the lot or plot for the resale of the unoccupied portion thereof and/or disinter remains in the occupied portion thereof, and move the remains to the Potter's field area of the cemetery. D. The city may exchange lots or plots when desired by owners, but not for lots or plots of lesser value. When such an exchange is made, the original conveyance must be surrendered by proper assignment, or by reconveyance, if considered necessary, before any change is effected. The city may refuse to consent to a transfer and in lieu thereof may refund the amount paid for the purchase without interest. In all cases, the transfer fee shall apply to each original conveyance. Ellsworth, Kansas, Code of Ordinances Page 9

E. The city may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due the cemetery from the owner or owners so recorded in the records of the cemetery at the city offices. F. All transfers of ownership shall be subject to a transfer fee of two dollars ($2.00) which must be paid to the city when the transfer is recorded at the city offices. No transfer of any kind shall be recognized by the city if done in any other manner. G. The city may designate agents to represent the city in the sale of grave spaces, lots or plots; grave openings; and monument and marker movement. H. A city-approved promissory note may be used in lieu of full payment for purchase of a grave space and grave opening. I. There shall be no instrument of conveyance for grave spaces in Potter's field. J. There will be no charge for a grave space in infant row for residents. (Ord. 2647 6-101, 1989) 12.16.070 Interments. A. No interments, disinterments, cremations or interment service shall be permitted on the following holidays: Memorial Day, and the day before; Thanksgiving; Christmas Day; or Sundays. The city requires at least twelve (12) hours notice prior to any interment. B. When an interment is to be made in a lot or plot, the location of such interment shall be designated by the lot or plot owner. Should the lot or plot owner fail or neglect to make such designation, the city reserves the right to designate the interment location within the owners lot or plot. C. The minimum requirement for interment in the Ellsworth cemeteries shall be a casket and outside container that will bear the load of earth above the container; the container to be made of fiberglass, steel or concrete. A vault is not required. D. Interment in infant row shall require a minimum of containers which will bear the weight of the load of earth above. E. Funerals, after entering the gates of the cemetery, shall be subject to the direction of the city. F. The city and its employees are the only persons who will be permitted to open graves with the following exceptions: 1. When the city is directed to make a disinterment by the order of a court of competent jurisdiction and a certified copy of such order has been filed with the city offices; or 2. When the coroner directs the disinterment for the purpose of holding an inquest and has filed with the city offices his or her signed authorization to release the body to himself or herself and his or her lawful agents. In such case, the disinterment must be made by the coroner or his or her lawful agents; city employees will not be permitted to assist the coroner or his or her agents. G. The burial of two dead human bodies in one grave space will not be allowed with the following exceptions: 1. In the case where each occupies a space of less than four feet in outer containment length; 2. In the case of a mother and infant in the same casket; or 3. In the case of two infants in the same casket. H. Any person desiring to move or remove a body must present a written permit signed by the legal next of kin for such removal and also himself sign a request to have such a removal made. These shall remain on file in the city offices and such person(s) shall secure and furnish to the city all permits and approvals as well as a release from all liability for the city. Such action is subject to all charges associated with internment and/or disinterment as assigned by the city. All details of the move or Ellsworth, Kansas, Code of Ordinances Page 10

removal must be coordinated with the city clerk, as well as cemetery sexton, and the city shall not be responsible for any issues that arise from the move or removal. (Ord. 2647 7-101, 1989) (Ord. No. 3040, 5-28-2013; Ord. No. 3046, 11-12-2013) 12.16.080 Memorials and markers. A. No memorial or marker shall be set at any grave site until the lot, plot and grave opening charges have been paid in full. B. Before any memorial or marker work is started in the cemetery by anyone, a permit shall be obtained from the city offices. The permit shall state the name of the party doing the work; the location of the work; the location of the work; the type of memorial or marker; and, any other such information necessary to determine that the proposed work will comply with cemetery rules and regulations. A permit will be required for each marker and memorial. The prices are subject to change in accordance with the City of Ellsworth's annual fee schedule. C. All permanent memorials or markers place in the Ellsworth cemeteries after June 1, 1989 must be marble; granite; bronze; or, a combination of bronze and granite. The city reserves the right to reject any marker which does not conform to the cemetery specifications. D. Only markers are allowed in Potter's field. E. Hickey, grass markers, slants and monuments shall be placed in accordance with other markers in the same section of the cemetery. F. Under no circumstances will exposed concrete foundations or precast concrete flanges be allowed in the cemetery. 1. Any memorial or marker which is not set according to the rules and regulations of the cemetery will be corrected by the contractor at the contractor's expense and contractor will not be issued any permit for work until such correction is made. Memorials or markers are subject to corrections for up to ten years and will be made at the installing company's expense. 2. Monuments will not exceed ninety-six (96) inches in height from the existing grade; shall be placed on a minimum of ten (10) inch depth concrete, the same length and width of the base of the monument; shall have a minimum of two (2) concrete cores extending a minimum of the height of the monument or thirty-six inches, whichever is greater, below the bottom of the foundation; having at least one (1) core for every eighteen (18) inches of the length of the monument base. 3. Markers will set in a line at the opposite end of the monuments and will have a ten-inch deep foundation, the same size as the marker with at least one core, thirty-six (36) inches deep having at least one core for every eighteen (18) inches of length of the marker base. 4. Should a memorial or marker lose its integrity and/or relative position to the existing grade due to settling within three (3) years of initial placement, the contractor shall correct the problem at his/her expense before other permits for work within any City cemetery are issued to the contractor. G. Foundations shall be washed after setting to eliminate rough visible cement and all cement is to be kept level at the elevation of the existing grade. A common foundation will be allowed for two or more memorials or markers on the same lot or more than one grave space. H. Reserved. I. Any monument, headstone, or marker moved or caused to be moved by reason of a request to open a grave site for internment shall be replaced or reset by the individual requesting such opening or at the expense of such individual. All expenses associated with moving the marker or headstone shall be the responsibility of the estate of person being buried or person(s) causing stone to be moved. Ellsworth, Kansas, Code of Ordinances Page 11

J. No depositing of slag (from stone setting) in the cemetery drives. Dirt for stone setting and slag can be deposited in locations specified by the city. K. Surface mausoleums are prohibited, except for companion mausoleums where there is already one on the lot, unless the mausoleum is buried two feet under the existing grade. When a surface mausoleum is used as a companion (where there is already one on the lot), the distance between is not to exceed three inches. L. All emblems of bronze or other metal shall be placed against the ends of memorials or markers in the foundation with the top of the emblem not higher than twelve (12) inches above the existing grade. M. The city shall locate surveyor's stakes and all monuments will be located according to the surveyor's instructions. Survey stakes shall not be removed. (Ord. 2885, 2000; Ord. 2647 8-101, 1989) (Ord. No. 3040, 5-28-2013; Ord. No. 3046, 1-12-2013) 12.16.090 Fees. All cemetery fees can be referenced in the annual City of Ellsworth fee schedule. Cemetery costs may be changed annually with the passage of the annual fee schedule resolution. (Ord. 2647 9-101, 1989) (Ord. No. 3040, 5-28-2013; Ord. No. 3046, 11-12-2013) Chapter 12.20 CITY PARKS Sections: 12.20.010 City laws extend to parks. 12.20.020 Police jurisdiction over parks. 12.20.025 Curfew for city parks and cemeteries; exceptions. 12.20.030 Damaging park property. 12.20.040 Vehicle regulations. 12.20.050 Hunting. 12.20.060 Fires. 12.20.070 Camping prohibited. 12.20.080 Sanitation. 12.20.090 Preservation of natural state. 12.20.100 Posting of general regulations. 12.20.110 Violations Penalties. 12.20.010 City laws extend to parks. The laws of the city shall extend to and cover all city parks. (Ord. 2709 1, 1992) (Ord. No. 3011, 2, 10-11-10) Ellsworth, Kansas, Code of Ordinances Page 12

12.20.020 Police jurisdiction over parks. The city shall have police regulations governing any public park belonging to or under the control of the city and the chief of police, and law enforcement officers of the city shall have full power to enforce city laws governing city parks and shall maintain order therein. (Ord. 2709 2, 1992) (Ord. No. 3011, 3, 10-11-10) 12.20.025 Curfew for city parks and cemeteries; exceptions. A. Curfew Imposed. It shall be unlawful for anyone to loiter, wander, stroll, or play in the parks or cemeteries owned by the City of Ellsworth past the certain times. The city parks of Priesker, Holt, Krizek, facilities at the Recreation Center, and the two (2) cemeteries in the City of Ellsworth shall be off limits to all citizens by 11:00 p.m. B. Exceptions. Tennis courts at Krizek Park shall be available for use until midnight during the months of April, May, June, July, August, and September. The curfew for city parks shall not apply to scheduled recreation activities, school sanctioned events, and/or activities approved by the city council of the City of Ellsworth. C. Restrictions on the Hours of Concerts or Events in City Parks. Any concert or event not specifically approved and agreed upon by the city council shall conclude by 8:00 p.m. during the months of January, February, March, April, September, October, November, and December and by 9:00 p.m. during the months of May, June, July, and August. (Ord. No. 3011, 1, 5, 10-11-2010; Ord. No. 3017, 3-14-2011) 12.20.030 Damaging park property. A. It is unlawful for any person, except duly authorized city employees, to wilfully or wantonly remove, injure, tarnish, deface or destroy any building, walk, bench, tree or improvement or property of any kind belonging to any park owned or under the control of the city. B. It shall be unlawful for any person, except duly authorized city employees, to modify or alter any property or facilities at any city parks. (Ord. 2709 3, 1992) (Ord. No. 3011, 4, 10-11-2010) 12.20.040 Vehicle regulations. A. Motor vehicles, including any vehicle licensed to operate on public streets, roads and highways and motorbikes, go-carts, snowmobiles and other motorized off-the-road vehicles shall be operated in a safe and prudent manner at all times in park areas. B. Except as provided in subsection D of this section, it is unlawful for any person to park any motor vehicle in any area not designated for such purpose. C. Except as provided in subsection D of this section, it is unlawful for any person to operate any motor vehicle within any city park except upon roads, drives and parking areas established by the city. D. Subsections B and C of this section above shall not apply to authorized city employees while engaged in the maintenance and care of the park. E. It is unlawful for operate such vehicle in any park area at speed in excess of fifteen (15) miles per hour. (Ord. 2709 4, 1992) Ellsworth, Kansas, Code of Ordinances Page 13

12.20.050 Hunting. It is unlawful for any person to pursue, catch, trap, maim, kill, shoot or take any wildlife, either bird or animal, in any manner at any time while in any city park. (Ord. 2709 5, 1992) 12.20.060 Fires. It is unlawful for any person to build or kindle any fire in any city park except in ovens, stoves, grills or other designated place provided for that purpose by the city, and such fire must be extinguished by the person, persons or parties starting such fire, immediately after use thereof. (Ord. 2709 6, 1992) 12.20.070 Camping prohibited. Overnight camping is prohibited in city parks except where posted. (Ord. 2709 7, 1992) 12.20.080 Sanitation. All waste material, paper, trash, rubbish, tin cans, bottles, containers, garbage and refuse of any kind whatsoever shall be deposited in disposal containers provided for such purposes. No such waste or contaminating material shall be discarded otherwise. No sticks, stones, trash or other objects shall be thrown or discarded in or on any park lands, fountains, pools, drinking fountains, sanitary facilities, or other improvements. (Ord. 2709 8, 1992) 12.20.090 Preservation of natural state. It is unlawful for any person, except duly authorized city employees, to take, injure, or disturb any live or dead tree, plant, shrub or flower, or otherwise interfere with the natural state of city parks. (Ord. 2709 9, 1992) 12.20.100 Posting of general regulations. The city may post such rules and regulations, as are approved by the governing body, pertaining to the used of city parks in a conspicuous place in each city park. Violations of these posted rules shall constitute a violation of this code. (Ord. 2709 10, 1992) (Ord. No. 3011, 6, 10-11-2010) 12.20.110 Violations Penalties. Any person violating this chapter shall be deemed guilty of a code violation and upon conviction shall be fined not more than one hundred fifty dollars ($150.00). (Ord. 2709 11, 1992) (Ord. No. 3011, 7, 10-11-2010) Ellsworth, Kansas, Code of Ordinances Page 14

Chapter 12.24 FIRING RANGE Sections: 12.24.010 Established. 12.24.020 Local law enforcement officials defined. 12.24.030 Use restricted. 12.24.040 Promulgation of rules and regulations. 12.24.010 Established. The city establishes a firing range on the real property described in Exhibit A, attached to the ordinance codified in this chapter, for use by local law enforcement officials. The purpose of the firing range is to allow local law enforcement officials to practice firearm safety and marksmanship through the discharge of firearms on the firing range. (Ord. 2605 1, 1987) 12.24.020 Local law enforcement officials defined. "Local law enforcement officials" means employees of the city and the state who are required to carry firearms or are required to be certified in the use of firearms during the course of their employment. (Ord. 2605 2, 1987) 12.24.030 Use restricted. The firing range established by the city shall be used by local law enforcement officials for the practice of firearm safety and marksmanship and shall not be used for recreation purposes by any local law enforcement official or other individuals. The firing range shall be open to use by local law enforcement officials beginning one-half hour after sunrise and ending one-half hour before sunset. (Ord. 2605 3, 1987) 12.24.040 Promulgation of rules and regulations. The chief of police of the city shall establish written rules and regulations to govern use of the firing range as he or she deems necessary and in the best interest of the city. (Ord. 2605 4, 1987) Chapter 12.28 REMOVAL OF DANGEROUS TREES OR OBJECTS Sections: 12.28.010 Authority of city. 12.28.011 Downtown streetscape exception. 12.28.020 Notifice of hazardous or unsafe conditions. 12.28.030 City's right to abate nuisance in owner's absence. 12.28.040 Statement of costs. Ellsworth, Kansas, Code of Ordinances Page 15

12.28.050 Right of entry. 12.28.060 Unlawful interference. 12.28.070 Violation Penalty. 12.28.010 Authority of city. Whenever the city administrator or street superintendent find that there exists within the corporate limits of the city any trees or other structures constituting a hazard or unsafe or otherwise detrimental or dangerous trees or objects are detrimental to the general welfare of the city or provides a general blight upon the neighborhood and surrounding properties, the city has a right to remove such trees or structures as provided herein. The planting of any street tree shall be performed in strict accordance with the following requirements: A. No street tree or shrub shall be planted within a utility easement or five feet behind the city rightof-way. B. No street tree shall be placed so as to cause a traffic hazard. No tree shall: 1. Hang or protrude less than twelve (12) feet above street level (fourteen (14) feet on main arterials); 2. Interfere with the visibility of any traffic control device or sign; 3. Obstruct the light from any street lamp. C. No street tree shall be planted within a distance of twenty (20) feet from any fire hydrant. D. It is recommended that only small shrubs be planted under overhead wires. (Ord. 2875 1, 2000) 12.28.011 Downtown streetscape exception. Street trees which do not comply with requirements of 12.28.010 shall be allowed with the following limitations: A. This exception only extends to the area known as the Downtown Streetscape Project as defined in the project documents. Generally this area includes an area along Douglas Avenue from Third Street south to North Main and extends within this area to either side of Douglas Avenue on the side streets to the alley or a similar distance where there is no defined alley. B. The types of trees allowed in this area are restricted to Oklahoma Redbud, Japanese Tree Lilac, City Sprite Zelkova, Paperbark Maple, and the Chinese Pistache. C. Any tree planted in this area shall include a foot guard composed of homopolymer polyethylene with a thickness of no less than two (2) millimeters, with a minimum depth of thirty-six (36) inches, as to minimize interference with any objects located in the right of way or easement. D. The types of bushes allowed in this area are restricted to Mugo Pine variety Mops, Dwarf Holly variety Little Rascal, Euonymus variety Blondie, Euonymus variety Box Leaf, Euonymus variety Emerald Gold, and Nandina variety Sienna Sunrise. E. Any bush planted in this area shall include a root guard composed of homopolymer polyethylene with a thickness of no less than two (2) millimeters, with a minimum depth of twenty-four (24) inches, as to minimize interference with any objects located in the right-of-way or easement. F. The City of Ellsworth shall be responsible for maintenance of the trees and shrubbery within this area. Ellsworth, Kansas, Code of Ordinances Page 16

G. Compliance with these limitations within the Downtown Streetscape Project shall be overseen by the city administrator or street superintendent. (Ord. No. 2999, 1, 12-22-2008; Ord. No. 3005, 1, 9-14-09) 12.28.020 Notifice of hazardous or unsafe conditions. The mayor and city council designate the city administrator or street superintendent with the administration and enforcement of the ordinance codified in this chapter and shall notify the owner or his or her agent or person in charge of the premises by restricted mail or personal service informing them of such hazard or unsafe conditions detrimental to the general welfare of the city or a condition which constitutes a general blight upon the neighborhood or surrounding properties. The notice shall be made as follows: A. To the owner or his or her agent in charge of the property in violation of the ordinance codified in this chapter; B. To the owner or his or her agent or person in charge of the property, ordered to cut or remove such dangerous, unsanitary condition, detrimental to the general welfare of city or which provides a general blight upon the neighborhood to correct such situation within three hours to three days of the receipt of this notice to abate the condition which exists. The city administrator has the authority to determine the type of abatement depending on the emergency existing but within the limits set forth herein; C. If the owner or his or her agent in charge of the property does not cut or abate or correct the defect alleged in the notice to the owner or agent, then the city will abate the condition which exists and the costs for abating or removing the dangerous or unsafe condition will be assigned to the owner or his or her agent in charge of the property; D. If the owner or his or her agent in charge of the property will be given an opportunity to pay the assessment and if not paid it will be added to the property taxes as a special assessment; E. The city administrator or street superintendent should be contacted with any question regarding the order. (Ord. 2875 2, 2000) 12.28.030 City's right to abate nuisance in owner's absence. If the owner or his or her agent in charge of the property cannot be located as set forth herein, then the city has a right to abate the unsafe or dangerous condition and costs will be assessed as set forth herein. (Ord. 2875 3, 2000) 12.28.040 Statement of costs. The city clerk or city administrator will give notice to the owner or to his or her agent in charge of the property by certified mail, return receipt requested, setting out the cost of the abatement. The notice shall state the payment of the costs is to be paid within thirty (30) days following receipt of the notice and if not paid, then the costs will be certified by the city clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such object or objects were removed. The city clerk shall certify the assessment to the county clerk at the time the special assessments are certified for spreading on the tax rolls of the county. (Ord. 2875 4, 2000) Ellsworth, Kansas, Code of Ordinances Page 17

12.28.050 Right of entry. A city employee or other representatives as may be directed or determined by the city administrator or street superintendent are expressly authorized to enter upon private property at all reasonable hours for the purpose of abating the nuisance in the manner not consistent with this chapter. (Ord. 2875 5, 2000) 12.28.060 Unlawful interference. It is unlawful for any person to interfere with or attempt to prevent the public officer or public officer's representative from entering upon such property and proceeding with the removal of the condition creating a dangerous condition. Any interference shall constitute a violation of this chapter. (Ord. 2875 6, 2000) 12.28.070 Violation Penalty. Any person violating the terms and conditions of this chapter shall be deemed guilty of a misdemeanor and may be sentenced to a period of not more than thirty (30) days in jail or assessed a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), or both fine and imprisonment. (Ord. 2875 7, 2000) Chapter 12.32 PUBLIC RIGHTS-OF-WAY Sections: 12.32.010 Definitions. 12.32.020 Authorization from city required. 12.32.030 Health, safety and welfare regulations. 12.32.040 Right-of-way restricted. 12.32.050 Compliance with Manual of Uniform Traffic Control Devices. 12.32.060 Emergencies. 12.32.070 Repair. 12.32.080 Relocation. 12.32.090 Fees. 12.32.100 Indemnity. 12.32.110 Claim notification. 12.32.120 Penalty provision. 12.32.130 Effective time. Ellsworth, Kansas, Code of Ordinances Page 18

12.32.010 Definitions. "Occupant" means any person, firm, corporation, association, utility, or entity, which enters upon the right-of-way of the city, or in any manner establishes a physical presence on, upon, in or over the right-ofway of the city, for the purpose of installing, construction, maintaining or operating lines, conduits, wires, fiber optic wires, cables, pipes, pipelines, poles, towers, vaults or appliances, or related facilities or appurtenances thereto. "Public right-of-way" means only the area of real property in which the city has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below, or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as right-of-way. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications or other nonwire telecommunications or broadcast service, easements obtained by utilities or private easements in platted subdivisions or tracts. (Ord. 2959 1, 2006) 12.32.020 Authorization from city required. A. No person, firm, corporation, association, utility, or entity, shall enter upon the right-of-way of the city, or in any manner establish a physical presence on, upon, in or over the right-of-way of the city, for the purpose of installing, construction, maintaining or operating lines, conduits, wires, fiber optic wires, cables, pipes, pipelines, poles, towers, vaults or appliances, or related facilities or appurtenances thereto, without the express written permission of the city. The permission of the city may be granted by a franchise agreement pursuant to the provisions of K.S.A. 12-2001 et seq. or by such other agreement as the governing body determines best protects the public interest in the right-of-way. B. Nothing in this chapter shall be interpreted as granting an occupant the authority to construct, maintain or operate any facility or related appurtenance on property owned by a city outside of the public rightof-way. C. The city shall process each valid and administratively complete application for use of the right-of-way within thirty (30) days. (Ord. 2959 2, 2006) 12.32.030 Health, safety and welfare regulations. The authority of a provider to use and occupy the public right-of-way shall always be subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the city. (Ord. 2959 3, 2006) 12.32.040 Right-of-way restricted. A. The city shall have the authority to prohibit the use or occupation of a specific portion of public rightof-way by a provider due to a reasonable public interest necessitated by public health, safety and welfare so long as the authority is exercised in a competitively neutral manner and is not unreasonable or discriminatory. A reasonable public interest shall include the following: 1. The prohibition is based upon a recommendation of the city administrator or his or her designee, is related to public health, safety and welfare and is nondiscriminatory among providers, including incumbent providers; 2. The provider has rejected a reasonable, competitively neutral and nondiscriminatory justification offered by the city for requiring an alternate method or alternate route that will result in neither unreasonable additional installation expense nor a diminution of service quality; Ellsworth, Kansas, Code of Ordinances Page 19