City of Smithville, MO
Clay County
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Table of Contents
Table of Contents

Section 520.010 Intent.

[Ord. No. 2898-14 §1, 7-1-2014[1]]
It is the intent of the City of Smithville to create a new rule-making authority for design and construction standards in this Article. Until such time as such authority is exercised in accordance with these new provisions, all previously adopted design and construction standards specifically approved by the Board of Aldermen shall remain in full force and effect until amended or replaced in accordance with this Article.
[1]
Editor's Note: Section 1 of this ordinance repealed former Ch. 520, Streets, Sidewalks and Other Public Rights-of-Way, as adopted and amended by Ord. No. 2797-11 §1, 9-6-2011. Section 1 of Ord. No. 2797-11 repealed former Ch. 520, Streets, as adopted and amended by Ord. No. 417 §§1 — 5, 1-4-1971; Ord. No. 634 §§1 — 3, 7-12-1976; Ord. No. 745 §§1 — 2, 9-11-1978; Ord. No. 1589 §1, 11-15-1994; Ord. No. 1748-97 §2, 9-16-1997; Ord. No. 1909-99 §1, 12-21-1999.

Section 520.020 Authority to Adopt Standards.

[Ord. No. 2898-14 §1, 7-1-2014]
The City Administrator is hereby authorized to propose, adopt, amend or rescind rules and regulations regarding the design, construction, access to the streets, sidewalks, alleys or other public ways, the stormwater system, the sewerage system and water system of the City of Smithville, and right-of-way management standards.

Section 520.030 Procedure for Proposing, Adopting, Amending, or Rescinding Rules and Regulations.

[Ord. No. 2898-14 §1, 7-1-2014]
A. 
No proposed rule or regulation promulgated pursuant to the authority of Section 520.020 shall be adopted unless:
1. 
Notice of a proposed rule or regulation is posted in the office of the City Clerk along with three (3) copies of the entire proposed rule or regulation and an explanation of the proposed rule or regulation or the change to an existing rule or regulation. Such notice shall include a statement that any person may file a statement in support of or in opposition to the proposed rule-making with the City Administrator within 30 days of filing with the City Clerk.
2. 
Notice of the proposed rule or regulation shall be published twice in a newspaper of general circulation in the city for two (2) consecutive weeks, and shall include:
a. 
A description of the proposed rule or change.
b. 
A notice that any person may file a statement in support of or in opposition to the proposed rule-making with the City Administrator within thirty (30) days of first publication of such notice; and
c. 
A notice that copies of the text of the rule are on file with the City Clerk for public review.
3. 
Within thirty (30) days following the end of the public comment period, the Director shall file findings and explanations that discuss any public comments received with the City Clerk along with any amendments to the original proposed rule. Any such findings, explanations and amendments shall be forwarded to each person having made comment on the original rule. In the event that the City Administrator fails to file the findings, explanations and any desired amendments within the required thirty-day period, the proposed rule shall be deemed abandoned.
4. 
Within ten (10) days after filing findings, explanations, and any amendments to the original proposed rule, the City Administrator shall issue and file with the office of the City Clerk a final order of rule-making which shall include a complete copy of the final text of the order. The final order of rule-making shall become final ten (10) days after such filing.
5. 
In the event that the City Administrator has received no comment at the end of the public comment period in Subsection A(1) and (2), above, the City Administrator shall within ten (10) days issue and file with the City Clerk a final order of rule-making which shall become final ten (10) days after filing with the City Clerk.
B. 
The procedure for amending or rescinding any rule promulgated under the provisions of this Section shall be the same as the procedure for adopting a new rule as described in Subsection (A) above.
C. 
The City Administrator is hereby authorized to adopt rules on an emergency basis if, in the Administrator's opinion, the adoption of such a rule is necessary to protect the health, safety, and welfare of the citizens of Smithville. Such emergency rule shall be effective only during the interim period between the initiation of the formal rule-making process above and the adoption of the final rule, provided that no such emergency rule may be effective for longer than ninety (90) days, and that the rule states in clear and specific terms the facts and reasons constituting the emergency and the danger to the health, safety, and welfare of the citizenry.

Section 520.040 Board Authority To Amend or Rescind.

[Ord. No. 2898-14 §1, 7-1-2014]
The Board of Aldermen of the City of Smithville may, by resolution, amend or rescind any rule adopted pursuant to Section 520.030.

Section 520.050 Appeal.

[Ord. No. 2898-14 §1, 7-1-2014]
Any person aggrieved of any decision of the City Administrator pursuant to this Chapter, or the application of any rule promulgated pursuant to Section 520.030, may appeal such decision or rule to the Board of Adjustment in accordance with Section 400.630.

Section 520.060 Definitions.

[Ord. No. 2898-14 §1, 7-1-2014]
As used in this Article, unless the context otherwise indicates, the following terms shall mean:
APPROACH
The area of road right-of-way beginning at the curb of the street or edge of pavement and extending towards the property line to the line where the building driveway is located, and shall include the area of the right-of-way where the dual use of the approach and as a sidewalk exists.
CULVERT
A permanent structure of approved materials and size that will allow unobstructed flow of stormwater through a ditch in the area where an approach crosses the right-of-way.
DITCH
An unenclosed stormwater runoff area adjacent to the paved portion of a street.
DRIVEWAY
The area of each parcel where the owner has constructed vehicular access areas for either entrance into a garage, parking lot or the parcel in general.
PARADE
Any parade, march, race, walk or procession, or any similar event, in or upon any public street.
[Ord. No. 2922-15 §2, 5-19-2015]
SPECIAL EVENT
Any ceremony, show, exhibition, festival, pageant or gathering, or any similar event, in or upon any public street.
[Ord. No. 2922-15 §2, 5-19-2015]

Section 520.070 Streets Constructed on Private Property.

[Ord. No. 2898-14 §1, 7-1-2014]
No person, firm or corporation shall construct any street or roadway in the City of Smithville which street or roadway is or shall be dedicated to public use or in the event such street or roadway shall connect or intersect with any public street within the City of Smithville, unless said street or roadway shall be constructed or improved in accordance with the design standards in effect at the time.

Section 520.080 Construction and Maintenance of Approaches Across Public Right-of-Way.

[Ord. No. 2898-14 §1, 7-1-2014]
A. 
Permit Required. No person, firm or corporation shall hereafter construct, build, establish or maintain any driveway approach over, across or upon any portion of the public sidewalk or public right-of-way without first having obtained a written permit to do so from the Building Inspector. No such permit shall be issued for construction or establishment of any such driveway except in accordance with the adopted specifications for such work.

Section 520.090 General Prohibitions Against Building, Dumpster, Fence or Other Obstruction in Public Way; Special Permits.

[Ord. No. 2898-14 §1, 7-1-2014]
A. 
No person shall erect, place or maintain any building, fence or obstruction, in whole or in part upon any street, alley, sidewalk, road right-of-way or public easement with the following exceptions:
1. 
A special permit may be issued by the Street Superintendent to allow placement of roll-off-style dumpsters in the public way when, in the Superintendent's opinion, the private property adjacent to the public way is not of sufficient size to allow placement of the dumpster; the placement is temporary in nature, and in no event shall it extend longer than two (2) weeks.
2. 
A fence permit may be issued that extends over a public easement, but in the event the fence or a portion thereof must be removed to obtain access to the easement, the property owner shall be solely responsible for any repair or replacement of the fence, and any user of such public easement shall not be responsible for damages occasioned by the removal of the fence.
3. 
Temporary construction fences or barricades to protect the public and workers on projects in such public way that have been issued a permit, or are subject to emergency permit suspension are allowed in such public ways. Any temporary protective measure shall adhere to all safety regulations for such measures.

Section 520.100 Street or Sidewalk Closings.

[Ord. No. 2898-14 §1, 7-1-2014; Ord. No. 2922-15 §3, 5-19-2015]
A. 
Permit Required. No person shall close any street or sidewalk, or portion thereof, without first obtaining a permit to close such public way.
B. 
Street Or Sidewalk Closings For Construction. The Building Inspector may issue a street or sidewalk closure permit for any construction that requires such closure. There is no fee for such permit if the closure is related to work subject to another permit. If the work does not generally require a permit, a separate street closure permit is required and shall be treated as a miscellaneous permit issued by the Building Department.
C. 
Street Or Sidewalk Closings For Parade Or Special Event. No street or sidewalk within the City of Smithville shall be closed for a parade or special event without a parade or special event permit issued by the City of Smithville.

Section 520.110 Dumping or Depositing Dirt, Rock or Other Materials.

[Ord. No. 2898-14 §1, 7-1-2014]
A. 
No person shall dump or deposit or cause to be deposited or dumped, on any street, alley, sidewalk, right-of-way or public place, any dirt, earth, rock, clay, sand, shale, building material, debris or rubbish or any other material. Nothing contained herein shall prevent anyone performing the work of grading streets, alleys, sidewalks, rights-of-way or public places or making improvements thereto from putting necessary materials at such places as may be necessary to perform the contracted work.
B. 
No owner, his agent or occupant of any land abutting upon any street, alley, sidewalk or public place of the City shall allow earth or any rubbish from such land to fall or wash upon any part of such street, alley, sidewalk or public place. Any work on private property adjacent to public ways shall be responsible for placing protective measures such as silt fences or other erosion control devices to protect such earth or rubbish leaving the private property.

Section 520.120 Burning or Placing Injurious Substances on Streets.

[Ord. No. 2898-14 §1, 7-1-2014]
No person shall burn any combustible material, nor place any substance likely to injure the pavement on any asphaltic, concrete or brick paved street, alley, sidewalk or other public place.

Section 520.130 Maintenance of Sidewalk Area by Abutting Owner or Occupant.

[Ord. No. 2898-14 §1, 7-1-2014]
A. 
It shall be the duty of all persons owning or occupying any real property fronting upon any street or public place to:
1. 
Not allow the sidewalk to be or remain above or below the established grade of the sidewalk and keep the sidewalk in front of or alongside of the property in good order and free from obstructions and vegetation.
2. 
Not allow grass, weeds or other vegetation in excess of seven (7) inches to grow in the right-of-way from the street curb to the property line on lots or premises where sidewalks are constructed on such property.
3. 
Remove from any such sidewalk all ice, snow, earth, weeds or other obstructions or substance that in any way obstructs or renders the sidewalk, curb and gutter dangerous, inconvenient or annoying to the traveling public.