I NCREASING W ALKING & B ICYCLING T HROUGH K ANSAS S IDEWALKS , T - - PowerPoint PPT Presentation

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I NCREASING W ALKING & B ICYCLING T HROUGH K ANSAS S IDEWALKS , T RAILS , & R AILROAD C ROSSINGS 6/20/2017 1 HOW TO USE WEBEX If you can hear us through your computer, you do not need to dial into the call. Just adjust your

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INCREASING WALKING & BICYCLING THROUGH KANSAS SIDEWALKS, TRAILS, & RAILROAD CROSSINGS

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HOW TO USE WEBEX

  • If you can hear us through your computer, you do not need to dial

into the call. Just adjust your computer volume as needed.

  • If you need technical assistance, call Webex Technical Support at

1-866-863-3904.

  • All attendees are muted. Type a question into the Q & A panel for
  • ur panelists to answer. Send your questions in at any time.
  • This webinar is being recorded. If you arrive late, miss details or

would like to share it, we will send you a link to this recording after the session has ended.

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Increasing Walking & Bicycling Through Kansas Sidew alks, Trails, & Railroad Crossings

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INCREASING WALKING & BICYCLING THROUGH KANSAS SIDEWALKS, TRAILS, & RAILROAD CROSSINGS

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INTRODUCTION

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Moderator: Mary Marrow Senior Staff Attorney Public Health Law Center

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THE PUBLIC HEALTH LAW CENTER

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The Public Health Law Center provides information and legal technical assistance on issues related to public health. The Center does not provide legal advice and does not enter into attorney-client relationships.

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ROADMAP FOR TODAY

Part I: Sidewalks

  • Design Standards
  • Construction, Reconstruction,

Maintenance & Repair

  • Paying for Sidewalks
  • Liability Concerns

Part II: Railroad Crossings

  • Design Standards
  • Types of Railroad Crossings
  • Paying for Railroad Crossings
  • Pedestrian/Bicycle Safety Issues
  • Liability Concerns

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INTRODUCTION

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Karie Mees Staff Attorney Public Health Law Center

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PART I: SIDEWALKS

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KANSAS SIDEWALKS

  • Design Standards
  • Construction,

Reconstruction, Maintenance & Repair

  • Paying for Sidewalks
  • Liability Concerns

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http://www.kansascity.com/news/local/article140614813.html

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WHAT IS A SIDEWALK

Definition: Sidewalk The portion of a street, between the curb or lateral lines of a roadway, and the neighboring property lines, intended for use by pedestrians.

  • Kan. Stat. § 8-1465.

Definition: Property Owner “Property Owner” means the owner of any property adjacent to the sidewalk.

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DESIGN STANDARDS

The American’s with Disabilities Act (ADA) A federal law that prohibits the discrimination of individuals with disabilities in all public programs, services, and facilities. http://www.access-board.gov

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CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND REPAIR

Local Government

  • May establish ordinances creating requirements for sidewalks.
  • Kan. Stat. § 12-1802.
  • May construct/ reconstruct a sidewalk at any time but not required to.
  • Kan. Stat. § 12-1801.
  • May condemn a sidewalk and order property owner to construct/ repair.
  • Kan. Stat. § 12-1804.
  • May make necessary repairs.
  • Kan. Stat. § 12-1808.

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CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND REPAIR

Property Owners

  • May construct/ repair sidewalks at any time at own expense.
  • Kan. Stat. § 12-1806.
  • May file a request to or petition the city to construct a sidewalk.
  • Kan. Stat. § 12-1803.
  • May be responsible for all maintenance and repair of sidewalks.
  • Kan. Stat. § 12-1808.

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PAYING FOR LOCAL SIDEWALKS:

COST SHARING PROGRAMS & TRANSPORTATION USER FEES

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WHAT IS IT?

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Tax A tax is force contribution to pay for general services provided by the government which benefit the public at large, regardless of whether a particular person has paid the tax. Fee A fee is voluntary and assessed against those who gain the exclusive benefit of a governmental service that is not enjoyed by the public at large. Special Assessment A special assessment is imposed on property within a limited area for payment of a special or local improvement. Excise Tax An excise tax is one which is imposed on the performance of an act, the engaging in an occupation, or the enjoyment of a privilege. Heartland Apartment Association v. City of Mission, Kansas (2016)

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TRANSPORTATION UTILITY FEE VS EXCISE TAX

Heartland Apartment Association v. City of Mission, Kansas (2016)

  • The City of Mission created a Transportation User Fee (TUF) and charged

all property owners within the city.

  • The amount property owners had to pay was based on a formula that

attempted to estimate the number of vehicle trips a particular property generated.

  • The funds generated from the TUF were then used for the maintenance and

upkeep of the city’s streets, bicycle lanes, and sidewalks.

  • The court decided the TUF was an impermissible excise tax that violated

the city’s home rule authority.

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HOW COST SHARING CAN SUPPORT SIDEWALKS MOVING FORWARD...

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WHAT IF SOMEONE GETS HURT? What is liability?

  • Duty of Care
  • Breach
  • Causation
  • Damages

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http://www.scarymommy.com/parenting-style-let-them-bleed

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Willful Wanton Gross Negligence Negligence

DUTY OF CARE Strict liability

Reasonable Person Standard

Legal Responsibility

High Low

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WHAT IF SOMEONE GETS HURT?

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http://midtownkcpost.com/whats-changed-with-kansas-city-sidewalks-and-what-could- happen-next

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IMMUNITY: WHY IT MATTERS?

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Slight Defect Rule “slight variances or imperfections in sidewalk surfaces are not sufficient to establish actionable negligence in the construction or maintenance of sidewalks.”

Lyon v. Hardee’s Food Systems, Inc. (1992).

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LIABILITY & COST-SHARING PROGRAMS

  • Funding the construction/ reconstruction of sidewalks will likely not

create liability for injuries that occur.

  • City will generally only be liable for injuries on a sidewalk if the city

created the hazardous condition.

  • Property owners will generally only be liable for injuries if the

property owner constructed the sidewalk in a defective manner.

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PART II: RAILROAD CROSSINGS

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http://www.gordon-elias.com/blog/3381/union-pacific-railroad-worker-killed-in- abilene-kansas-vehicle-collision

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RAILROAD CROSSINGS IN LOCAL COMMUNITIES

  • Design Standards
  • Types of Railroad

Crossings

  • Paying for Railroad

Crossings

  • Pedestrian/ Bicycle

Safety Issues

  • Liability Concerns

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http://www.dtwrail.com/

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DESIGN STANDARDS

Manual on Uniform Traffic Control Devices for Streets and Highways – U.S. Department of Transportation, Federal Highway Administration Railroad-Highway Grade Crossing Handbook – U.S. Department of Transportation, Federal Highway Administration https://mutcd.fhwa.dot.gov

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RAILROAD CROSSINGS

AT-GRADE & GRADE SEPARATION

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http://www.transystems.com/Home/Markets/Freight-Rail/Grade-Separations/Flyovers/Projects/Olathe-BNSF-West- Track-Quiet-Zone-1.aspx

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PAYING FOR A RAILROAD CROSSING

  • State Railroad Crossing Inventory & Hazard Index
  • Railroad Grade Separation Program
  • Local Partnership Railroad Grade Separation Program
  • State Funded Highway/ Railroad Crossing Program

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http://www.bnsf.com/in-the-community/pdf/grade-crossing-safety.pdf

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PEDESTRIAN/BICYCLE SAFETY ISSUES

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http://www.centurygrp.com/Images/Interior/xings/pedestrian/pedestrian3-650.jpg

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PEDESTRIAN/BICYCLE SAFETY ISSUES

WARNING SIGNS

Passive Warning Signs

  • Pavement Markings
  • Stop/ Yield Signs
  • Crossbucks

Active Warning Signs

  • Gate & Flashing Lights

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http://www.newtonkansas.com/departments-services/police- department/railroad-safety

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RAILROAD CROSSING LIABILITY

“No general rule of law is available from which the rights and liabilities growing out of all accidents occurring at railroad crossings may be

  • determined. It necessarily results that each individual case must be

determined on its particular conditions and circumstances.”

Waits v. St. Louis-San Francisco Ry. Co. (1975)

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WORKING WITH KANSAS RAILROADS

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http://kcparks.org/attraction/kansas-city-northern-railroad

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KANSAS BICYCLING AND WALKING RESOURCES

PUBLICHEALTHLAWCENTER.ORG/RESOURCES/KANSAS- BICYCLING-AND-WALKING-RESOURCES

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KANSAS BICYCLING AND WALKING RESOURCES

PUBLICHEALTHLAWCENTER.ORG/RESOURCES/KANSAS- BICYCLING-AND-WALKING-RESOURCES

  • Policy Options for Local Governments in

Kansas: Increasing Walking and Bicycling

  • Sidewalks in Kansas
  • Using Railroad Property for Community Trails
  • Differences Between Active Transportation

and Recreation Facilities in Kansas

  • Using Kansas Roads & Sidewalks for Active

Transportation

  • Using Kansas Tails & Shared-Use Paths

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CONTACT US

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651.290.7506 Mary.marrow@mitchellhamline.edu Karie.mees@mitchellhamline.edu www.publichealthlawcenter.org @phealthlawctr facebook.com/publichealthlawcenter