§ 10.04.005. Definitions.

For the purposes of title 10, the following words and phrases shall have the following meanings:

(a)

City engineer means the City of Wichita's city engineer or the city engineer's designee.

(b)

Person means any real person, firm, partnership, association, corporation, company or organization of any kind.

(c)

Permittee means the individual, corporation, business trust, partnership, association, or any other entity granted a current and valid permit.

(d)

Encroachment means any object that has mass, takes up space, or exists in the right-of-way other than grass or living landscaping less than thirty-three inches in height when measured from the elevation of the gutter pan of the street except as allowed by permit under a specific city ordinance.

(e)

Right-of-way means the area of real property in which the city has a dedicated or acquired interest in the real property. It includes the area on, below, or above present or future streets, alleys, avenues, roads, highways, or other paths dedicated or acquired for public access. Typically, the right-of-way extends beyond paved surfaces and includes sidewalk, when present.

(f)

Driveway means a place on private property for the operation of automobiles and other vehicles.

(g)

Drive approach means an area, construction or facility in the right-of-way intended to provide access for vehicles from the roadway of a public street to private property, including the curb return radius. For clarification, a drive approach must provide access to something definite on private property, such as a parking area, driveway or door at least seven feet wide that was intended and used for the entrance of vehicles.

(h)

Corner means the point of intersection of the lines of two street curb faces extended into the street intersection.

(i)

Curb means a barrier at the edge of paved road or driveway approach to allow a separation of water flow and those portions of the right-of-way not used for vehicular traffic.

(j)

Curb return means the portion of a curb next to a drive approach which includes the curb return radius, or the ramp-type lug on commercial- or industrial-type pavements and which connects the drive approach to the street curb.

(k)

Public place means any public street, way, grounds, place, alley, sidewalk, park, square, plaza or any other property owned or controlled by any governmental agency in a governmental capacity.

(l)

Excavation means any opening in the surface or manipulation of the surface or subsurface of a public place made in any manner whatsoever; except as authorized by the applicable governmental entity.

(m)

Structure means any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire, or any other object of any type whatsoever located on, above, or below the surface of any public place.

(Ord. No. 50-178 § 1, 4-26-16)