Printable Format8-2005. Local traffic-control devices; highways and streets designated as connecting links; township roads. (a) Local authorities in their respective jurisdictions shall place and maintain such traffic-control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this act or local traffic ordinances or to regulate, warn or guide traffic. All such traffic-control devices hereafter erected shall conform to the state manual and specifications.
(b) Local authorities in exercising those functions referred to in subsection (a) shall be subject to the direction and control of the secretary of transportation with respect to highways and streets designated by the secretary as connecting links in the state highway system.
(c) In all counties operating under the county-township system, responsibilities for traffic-control devices and signage shall be as follows:
(1) Counties shall maintain the county roads and shall place and maintain traffic-control devices on county roads. Counties shall maintain and place on township roads signs related to county culverts and county bridges, and construction signage related to county projects on township roads.
(2) Township boards shall maintain the local township roads and shall place and maintain traffic-control signage on such township roads, except as provided in paragraph (1). Regulatory signs on township roads under the township board's jurisdiction shall be consistent with resolutions of the board of county commissioners of the county in which the township road is located.
(3) For purposes of this subsection, a regulatory sign is a sign setting forth a regulation, the violation of which subjects the operator of the motor vehicle to a fine, imprisonment, or both. Nothing in this subsection shall be construed as precluding the board of county commissioners from placing and maintaining traffic-control devices or street name signs on township roads, if the board determines that traffic-control devices or signs placed by a township are inadequate, but the board of county commissioners shall not be required to take such action.
(d) In all counties operating under the county road unit system, responsibilities for traffic-control devices and signage shall be as follows:
(1) Counties shall maintain the county roads and township roads and shall place and maintain all traffic-control devices on such roads.
(2) Township boards shall not be responsible for roads or signage.
(e) In all counties operating under the general county rural highway system, responsibilities for traffic-control devices and signage shall be as follows:
(1) Counties shall maintain the county roads and township roads and maintain all traffic-control devices on such roads in accordance with K.S.A. 68-591 et seq., and amendments thereto.
(2) Township boards shall not be responsible for roads or signage.
History: L. 1974, ch. 33, § 8-2005; L. 1975, ch. 427, § 54; L. 2003, ch. 87, § 1; L. 2018, ch. 80, § 1; July 1.
Source or prior law:
8-512.
Law Review and Bar Journal References:
"A Practitioner's Guide to the Kansas Tort Claims Act," Jerry R. Palmer, 48 J.B.A.K. 299, 305, 306 (1979).
"Liability of Municipality for Negligent Maintenance of Streets," Joel K. Goldman, 2 J.K.T.L.A. No. 5, 5, 6 (1979).
"Survey of Kansas Law: Torts," William Edward Westerbeke, 33 K.L.R. 1, 70 (1984).
"The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).
Attorney General's Opinions:
Applicability of initiative and referendum ordinances to placement of traffic control devices. 82-98.
Portable stop signs; used only in emergencies. 87-77.
Authority and responsibility of county to erect and maintain traffic signs on township roads; liability under tort claims act. 97-25.
CASE ANNOTATIONS
1. Tort Claims Act does not as a matter of law exempt government from liability for failure to provide highway signs. Carpenter v. Johnson, 231 Kan. 783, 787, 649 P.2d 400 (1982).
2. City had common-law duty to keep its streets reasonably safe. Schmeck v. City of Shawnee, 232 Kan. 11, 14, 651 P.2d 585 (1982).
3. No statutory guidelines concerning types of traffic control devices relating to emergency situations. Turnbull v. Byram, 235 Kan. 891, 899, 684 P.2d 429 (1984).
4. Cited; duties of counties and townships to provide road signs under tort claims act (K.S.A. 75-6101 et seq.) examined. Finkbiner v. Clay County, 238 Kan. 856, 860, 714 P.2d 1380 (1986).
5. Railroad's common law duty to warn of dangerous crossing not affected by statute. Hatfield v. Burlington Northern R. Co., 757 F. Supp. 1198, 1208 (1991).
6. Department of transportation immune from liability under tort claims act (K.S.A. 75-6101 et seq.) for nonplacement of protected left-turn signal on connecting link highway. Force v. City of Lawrence, 17 Kan. App. 2d 90, 91, 100, 838 P.2d 896 (1992).
7. The Bolton township was not a "local authority" under K.S.A. 8-1432 and therefore lacked authority to place traffic control devices on township roads. Patterson v. Cowley Cnty., 53 Kan. App. 2d 442, 388 P.3d 923 (2017), aff'd, 307 Kan. 616, 413 P.3d 432 (2018).