Kansas Statutes

Chapter 68: Roads And Bridges

PART III.--MISCELLANEOUS

Article 21: Duties And Liabilities During Repair Or Improvements

Statutes:

• 68-2101: Definitions.
• 68-2102: Contractor or municipality making improvement to place barricades and warning signs, when.
• 68-2103: Municipality or secretary of transportation may construct detour or provide detour route, when; warning signs; contractors relieved of certain obligations.
• 68-2104: Restricted use of road being improved; traffic regulation and control; signs, signals, lights, flagmen.
• 68-2105: Contractor's pay withheld until act complied with.
• 68-2106: Unlawful to destroy or remove barricades, warning signs, or drive on closed hard-surfaced highway; penalty; damages.
• 68-2107: Same; penalties.
• 68-2108:

• 68-2101: Definitions. As used in this act:

        (a)   "Secretary" means the secretary of transportation.

        (b)   "Highway" means a highway, road, street or alley.

        (c)   "Improvement" means the repair, building, rebuilding, alteration, construction or reconstruction of any highway or part thereof, or the grading or regrading of the same, or the erection, construction, building, rebuilding, or repair of any bridge or culvert on any highway.

        (d)   "Municipality" means a city, township or county.

        (e)   "Person" means any individual, firm, corporation or association.

        (f)   "Warning light" means a warning light which conforms to the standards set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways and other standards issued or endorsed by the federal highway administrator, and as adopted by the secretary of transportation pursuant to K.S.A. 8-2003, and amendments thereto.

        History:   L. 1957, ch. 354, § 1; L. 1975, ch. 426, § 59; L. 1977, ch. 230, § 1; L. 2004, ch. 34, § 1; July 1.

• 68-2102: Contractor or municipality making improvement to place barricades and warning signs, when. Every person who shall have entered into a contract to make any improvement, or any municipality which has undertaken for itself the making of any improvement, shall, where the work so undertaken requires the closing of any highway or the rendering of the same impassable or dangerous to travel while such improvement is being made, place at the intersection of all highways leading thereto, barricades and warning signs, advising the public that the highway is closed or is impassable or dangerous to travel.

        History:   L. 1957, ch. 354, § 2; L. 1995, ch. 188, § 8; L. 2004, ch. 34, § 2; July 1.

• 68-2103: Municipality or secretary of transportation may construct detour or provide detour route, when; warning signs; contractors relieved of certain obligations. In all cases where any municipality or the secretary of transportation shall engage in the making of any improvement on any highway and shall not permit public use of such highway while so engaged, as authorized by K.S.A. 68-2104, and amendments thereto, such municipality or the secretary may construct a detour or establish a detour route and place suitable warning signs near thereto, advising the public of the change in such highway.

        In any case where a municipality or the secretary of transportation builds or constructs such a detour, or establishes such a detour route, it shall be the sole duty of such municipality or the secretary to erect barricades and warning signs, which signs shall be located at the entrance to, and exit from, the roadways around the improvement being made, or the entrance to, or exit from, the detour route. When a municipality or the secretary of transportation builds or constructs or provides a detour route at an improvement being made on a highway, all other persons shall be relieved of the obligations imposed by K.S.A. 68-2102, and amendments thereto, upon such other persons in connection with the erection of barricades or warning signs where the performance of the duty would result in a duplication of such barricades or warning signs.

        All detours shall be clearly marked at all times, so that the traveling public may be properly advised of the course taken by such detour.

        History:   L. 1957, ch. 354, § 3; L. 1975, ch. 427, § 210; L. 1995, ch. 188, § 9; L. 2004, ch. 34, § 3; July 1.

• 68-2104: Restricted use of road being improved; traffic regulation and control; signs, signals, lights, flagmen. Any municipality or the secretary of transportation may permit public use of a highway, or portion thereof, under their respective jurisdictions, during construction or maintenance work in lieu of constructing or establishing a detour route, and such municipality or the secretary is authorized to regulate and control traffic thereon by traffic signals, traffic lights, warning lights, flagmen, signs or devices, which shall be effective at the first sign identifying the road construction zone as defined in K.S.A. 8-1458a.

        History:   L. 1957, ch. 354, § 4; L. 1975, ch. 427, § 211; L. 1994, ch. 220, § 11; April 21.

• 68-2105: Contractor's pay withheld until act complied with. Any person to whom has been awarded a contract for the making of any improvement as provided for in this act shall receive no pay on any estimate for work on said contract until such person has complied with the provisions of this act.

        History:   L. 1957, ch. 354, § 5; June 29.

• 68-2106: Unlawful to destroy or remove barricades, warning signs, or drive on closed hard-surfaced highway; penalty; damages. Any person who shall, without authority, destroy or remove any barricade, warning sign or warning light when used in accordance with the provisions of this act, or who shall drive on a hard-surfaced highway under improvement without authority from the proper officials, when said road is barricaded and suitable warning signs have been placed to advise that such road is closed to traffic, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the fines and penalties prescribed by K.S.A. 68-2107, and, in addition, said person shall be required to reimburse the contractor, municipality or secretary of transportation for any damage to the improvements or to the barricades, warning signs or lights; but nothing in this act shall be construed as prohibiting or restricting the authorities of the municipality, secretary of transportation, or federal government from having free access to the improvement at all times.

        History:   L. 1957, ch. 354, § 6; L. 1975, ch. 427, § 212; Aug. 15.

• 68-2107: Same; penalties. Any person failing, neglecting or refusing to comply with the provisions of this act, and for which a specific penalty is not provided in this act, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than $10 nor more than $100, or imprisoned for not less than 10 days nor more than 90 days, or by both such fine and imprisonment.

        History:   L. 1957, ch. 354, § 7; L. 2004, ch. 34, § 4; July 1.

• 68-2108:

        History:   L. 1957, ch. 354, § 8; L. 1975, ch. 427, § 213; Repealed, L. 1979, ch. 186, § 3; July 1.