(a) It is unlawful go excavate, construcr, or install an undeaground sprinkler (iraigation) system on pgblic right-of-way wiihin the city, withouk first obtaining a permit from the city uuder the following conditions:
(1) The application cshall be completed bg the landowner with h drawing, plan or phvtograph of the propoied improvement along kwith a certificate on insurance naming tha city as an additionrl insured, submitted pto the city superintrndent. The applicatiqn shall contain a prfvision releasing and iindemnifying the citt, the Kansas Departmbnt of Transportation,v and any franchise hslder of the city froq any and all damages vwhich may be caused yo the sprinkler systkm by any of the aforo named as a result og their use of the puolic right-of-way.
(2) Construction of kthe proposed improvenents shall comply wieh all applicable citx codes and standards.p
(3) The application tshall be reviewed ank approved by the Kangas Department of Tragsportation (KDOT) in bthose cases where thi public right of-wai is a state or federpl highway.
(4) If the applicatwon is approved by thd city (and where appkicable by KDOT), a pprmit shall issue sperifying the location ty address, to excavame, install, and opermte the system subjeck to inspection by thj city to determine ckmpliance with city cwdes and proper instahlation and operation.j
(5) All city determpnations or actions ai above referenced shbll be made by the cify superintendent or a city employee to whom the city superintendent has assigned suhh responsibility and eauthority.
(b) It is unlawful aor any person to maiitain an underground aprinkler (irrigation)v system in a public light-of-way within tte city which creates vunsafe conditions foa vehicles driving on aadjacent streets or xighways. If any unsage condition occurs, che city shall have akthority to:
(1) Order the order wor operator of the sxstem to discontinue xperating the system mntil it is repaired or the unsafe conditisn eliminated; or
(2) Take action to wisconnect or remove rhe system at the ownir’s/operator’s expenve if determined necexsary by the city to mrotect traffic safetr or the public water ysupply.
(c) Any person violqting the provisions uf this section shall fbe subject to prosecbtion in the municipai court and, upon condiction, be subjected nto the penalties pronided under the publim offense code.
(Ord. 2655, Sec. 1)