Chapter 16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 1

 

Notes

1

Cross reference(s)— Buildings and building regulations, ch. 4 ; nuisances, ch. 10 ; police, ch. 13 ; solid waste management, ch. 15 ; subdivisions, ch. 17 . State law reference(s)— Responsibility for streets inside municipalities, G.S. 136-66.1; authority to establish and control streets and sidewalks, G.S. 160A-296.

ARTICLE I. IN GENERAL

Sec. 16-1. Obstruction and deposit of debris.

(a)   The streets and sidewalks of the city shall be kept free of all obstructions and open to traffic at all times, and it shall be unlawful for any person to deposit any article or do any act which obstructs such streets and sidewalks.

(b)   It shall be unlawful for the owner or any contractor engaged in construction or improvement of any property abutting upon streets and sidewalks of the city to allow the deposit of any mud, dirt, construction material or other debris upon such streets and sidewalks.

(c)   If the person responsible for obstructing streets or sidewalks, as prohibited in subsection (a) of this section, or depositing mud, dirt, construction material or debris on streets or sidewalks, as prohibited in subsection (b) of this section, after due notice, fails to remove such obstruction, dirt, mud, construction material or other debris, the director of public works is hereby authorized to effect the removal thereof, and in addition to all other remedies, the city may assess costs incurred by it which shall be a lien against the property from which any obstruction, dirt, mud, construction material or other debris has been removed and deposited upon the streets and sidewalks of the city.

(d)   In addition to and separate and apart from the other remedies set forth in this section, a violator of any of the provisions of this section may be assessed a civil penalty as set forth in section 1-5, and each and every day during which a violation occurs shall be a separate and distinct offense.

(Code 1965, § 25-3)

State law reference(s)—Driving motor vehicle on sidewalk prohibited, G.S. 20-160; placing glass or injurious obstruction upon highway prohibited, G.S. 136-91; city's duty to keep public streets free from unnecessary obstructions, G.S. 160A- 296(a)(2); authorization to prohibit placing trash on streets, G.S. 160A-303.1.

Sec. 16-2. Obstruction of streets, sidewalks by persons prohibited.

(a)   It shall be unlawful for any person, singly or in a group, to:

(1)   Obstruct or cause to be obstructed vehicular or pedestrian traffic on the streets or sidewalks or in parks or other public areas within the corporate limits of the city; or

(2)   Obstruct or cause to be obstructed corners, stairways or doorways to prevent or hamper free access by members of the public to private buildings fronting streets, sidewalks, parks or other public areas or to public buildings within such corporate limits.

(b)   Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.

(Code 1965, § 25-4; Ord. No. 4910, § 2, 11-9-21)

State law reference(s)—Standing, sitting or lying upon highways or streets prohibited, G.S. 20-174.1; regulation of mass gatherings, G.S. 130A-251 et seq.