TITLE 7
PUBLIC WAYS AND PROPERTIES
CHAPTER 1
STREETS AND SIDEWALKS
SECTION:
7-1-1: Supervision
7-1-2: Construction Regulations
7-1-3: Damaged Pavements
7-1-4: Barricades
7-1-5: Use Of Public Ways Restricted
7-1-6: View At Corners
7-1-7: Deposits On Public Ways
7-1-8: Offenses To Public Ways
7-1-9: Penalty
7-1-1: SUPERVISION:
All public streets, alleys, sidewalks and other public ways shall be under the supervision of the Superintendent of Public Works. He shall have supervision over all work thereon, and the cleaning thereof, and shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is hereby authorized to enforce such ordinances. (1968 Code, § 8.101)
7-1-2: CONSTRUCTION REGULATIONS:
   A.   Permit Required: It shall be unlawful to construct or lay any pavement on any public street, sidewalk, alley or non- Municipal building facilities or other public way or to repair the same without having first secured a permit therefor. Application for such permit shall be made to the Building Director and shall state the location of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction work. (1968 Code, § 8.012; amd. 1983 Code)
   B.   Bond: Each applicant shall file:
      1.   A guarantee in an amount equal to one hundred ten percent (110%) of the cost of the proposed work as estimated by the Village Engineer with sureties to be approved by the President and Board of Trustees, conditioned to indemnify the Village from any loss or liability or damage resulting from the work undertaken or the manner of doing the same; and (1968 Code, § 8.103)
      2.   Any contractor intending to perform any work over, upon, across or through any public street, alley, sidewalk or other public way shall defend, indemnify, protect and save harmless the Village, its officials, officers, employees, agents, consultants and volunteers working on behalf of the Village, from and against liability, losses, physical damage to property, and bodily injury or death to persons, including payments made under any worker's compensation law, which may arise out of the contractor's acts and/or omissions and the acts and/or omissions of his, her, or its employees, agents, subcontractors and material suppliers. Each such contractor not covered by the Village Telecommunications Ordinance shall carry and maintain commercial general liability and business automobile liability insurance with an insurance company licensed to do business in the State, said insurance company having a rating of B+:VII or better in the latest edition of the Best & Co. Insurance Guide. The policy limits for the commercial general liability insurance shall be not less than one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage with a general aggregate not less than two million dollars ($2,000,000.00) or a project specific limit of not less than one million dollars ($1,000,000.00). The policy limits for the business automobile liability insurance shall be not less than one million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage. Such insurance to be utilized to protect the licensee and the Village, its official, officers, employees, agents, consultants and volunteers while acting on behalf of the Village, as their interests may appear, from and against all claims, demands, actions, judgments, costs, expenses and liabilities, including without limitation attorney's fees which may arise or result directly or indirectly from or by reason of any such liability, loss, injury or damage. Said policy shall contain a provision requiring the insured to notify the Village not less than ten (10) days prior to cancellation or change of any policy. The Village, its officials, officers, employees, agents, consultants and volunteers while acting on behalf of the Village, shall appear as additional named insureds under each policy. At least ten (10) days prior to commencing any operations in the village, the licensee shall provide the village with certificates of insurance for each policy. Each contractor shall also carry such insurance as may be necessary to protect it and the village from all claims under the workers' compensation laws from time to time in effect that may be applicable to the licensee. All insurance required by this chapter shall remain in full force and effect until after the work over, upon, across, under or through the public street(s), alley(s), sidewalk(s), public way(s) is completed. The certificate(s) of insurance, and, if requested by the village attorney, the policies of insurance, or a certified copy of copies thereof, shall be approved by the village attorney and shall be deposited with and kept on file by the village clerk. (Ord. 96-14, 2-6-1996)
   C.   Specifications: All street and sidewalk pavements shall be made in conformity with the specifications established from time to time by the president and board of trustees. (1968 Code, §8.104)
7-1-3: DAMAGED PAVEMENTS:
   A.   Damage To Pavements: It shall be unlawful to walk upon or drive any vehicle or animal upon or cause damage in any way to any newly laid concrete street, sidewalk or alley pavement while the same is guarded by a warning sign or barricade, or to knowingly injure any street, sidewalk or alley pavement. (1968 Code, §8.105)
   B.   Repairs: All public street, alley and sidewalk pavements shall be maintained in good repair. Such repair work, whether done by the village or the abutting owner, shall be under the supervision of the director of public works. (1968 Code, §8.106)
   C.   Defects: It shall be the duty of every village officer or employee who becomes aware of any defect in any street, alley or sidewalk or any obstruction thereof to report the same to the director of public works immediately. (1968 Code, §8.107)
7-1-4: BARRICADES:
   A.   Barricades Maintained: Any person laying or repairing any pavement on a street, sidewalk, alley or other public place, or making any excavation in any such place, shall maintain suitable barricades to prevent injury to any person or vehicle by reason of the work. Such barricades shall be protected by suitable and sufficient electric battery operated flashing lights. Such lights shall be kept burning from twilight in the evening through the night. Flares, lanterns, "bombs" or other devices using a flame shall not be permitted. (1968 Code, §8.108)
   Defects in pavement shall be barricaded to prevent injury, and any person properly maintaining an opening or excavation in such place shall guard such opening or excavation while the same remains open by proper barricades and lights as described in the preceding paragraph of this subsection. (1968 Code, §8.109)
   B.   Disturbing Barricades: It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley, sidewalk or other public place. (1968 Code, §8.110)
7-1-5: USE OF PUBLIC WAYS RESTRICTED:
   A.   Private Use: It shall be unlawful for any person to use any street, sidewalk or other public place for the display of goods or merchandise for sale; or to write or mark any signs or advertisements on any such pavement. (1968 Code, §8.111)
   B.   Encroachments: It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property. (1968 Code, §8.112)
   C.   Poles And Wires: It shall be unlawful to erect or install any poles, wires, ropes or banners or maintain any poles, wires, ropes or banners over any "public street", defined as the area measured from the back of a curb across the street to the back of the opposite curb for any purpose including, but not limited to, erecting holiday displays. (Ord. 2002-109, 11-5-2002)
   D.   Gas Pumps: It shall be unlawful to maintain or erect any gasoline pump or tank in any public street, alley or sidewalk. (1968 Code, §8.115)
   E.   Openings: It shall be unlawful to construct or maintain any opening or stairway in any public street, alley or sidewalk or other public place without a permit from the director of public works.
   All such lawfully maintained openings shall be guarded by a suitable strong cover or railing approved by the director of public works. (1968 Code, §8.116)
   F.   Mailboxes: Notwithstanding the provisions of subsection B of this section making it unlawful to erect or maintain any building or structure which encroaches upon any public street, mailboxes and supporting structures may be installed in public rights of way, without a permit from the village, provided said mailbox and supporting structure is erected and located in accordance with the requirements of the United States postal service and subject to the following conditions:
      1.   No part of the structure on which the mailbox rests or which holds or supports it or the face of the mailbox shall be closer than eight inches (8") from the back of curb or edge of pavement (if there is no curb).
      2.   The supporting post for other than brick or masonry mailbox structures shall be no closer than eighteen inches (18") from the back of a curb or edge of pavement (if there is no curb), and posts shall be constructed of materials having sufficient strength to withstand forces of snow applied during normal roadway snow plowing operations.
      3.   Mailboxes constructed of brick or a masonry material shall not exceed the dimensions of two feet (2') in width, two feet (2') in depth and five feet (5') in height.
      4.   Residents should take all necessary precautions to prevent damage to any existing utilities located in the parkway. It shall be unlawful to install, maintain or connect utility lines to mailbox structures for any purpose.
      5.   The owner of the mailbox shall be responsible for all costs of installing and maintaining the mailbox. Maintenance provisions shall comply with section PM-300.2 of the Bartlett maintenance code.
      6.   The village will not repair or replace any damaged mailbox unless said damage was caused solely by the village or unless said mailbox is removed due to parkway maintenance, road widening or utility installation by the village or its contractors. The village may, at its sole option, elect to pay the reasonable cost of replacement therefor, or to cause said damaged or removed mailbox to be replaced with a mailbox of like kind, except that the replacement cost and the replacement of a brick or masonry monument mailbox shall be limited by and/or conform with the dimension restrictions set forth in subsection F3 of this section.
      7.   All structures other than mailboxes and public utility facilities and appurtenances constructed and located in accordance with all village codes and ordinances are prohibited from being located in the public right of way.
      8.   Notice is hereby given that in the event of any claim, lawsuit, cause of action or liability against the village arising out of any damage to persons or property caused by or alleged to be caused by any such mailbox and/or its supporting structure which has been installed in the public right of way, the village shall seek indemnification, contribution and/or otherwise seek to recover its expenses in defending any such action and/or damages suffered from the owner of the premises and/or any other party or parties responsible for installing such mailbox and/or structure in the public right of way. (Ord. 94-50, 5-17-1994)
7-1-6: VIEW AT CORNERS:
It shall be unlawful to construct or maintain or permit to remain any fence or other structure, or any bushes or other plants on a corner lot within fifty feet (50') of the street line of any street which obstructs the view of the adjacent street pavement.
Any person violating the provision of this Section shall be fined not less than five dollars ($5.00) nor more than two hundred dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which such obstruction to view is permitted to remain after notice from the Police Department or any official of the Village to remove the same. (1968 Code, §8.122)
7-1-7: DEPOSITS ON PUBLIC WAYS:
   A.   Deposits on Streets: It shall be unlawful to deposit on any street any material which may be harmful to the pavement thereof or any waste material or any glass or other articles which may cause injury to any person, animal or property.
   Coal or other materials may be deposited in streets preparatory to delivery for use; provided, that such deposit does not reduce the usable width of the street or roadway at that point to less than eighteen feet (18'), and provided that such material or coal other than material used in actual building construction shall not be permitted to remain in such street for more than three (3) hours. Any such material or coal shall be guarded by lights if the same remains upon any street after nighttime. (1968 Code, §8.118)
   B.   Deposits in Sidewalks: It shall be unlawful to deposit on any public sidewalk any material which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property.
   Merchandise or other articles may be deposited on sidewalks preparatory to delivery, providing that the usable width of the sidewalk is not thereby reduced to less than four feet (4'); and provided, that no such article shall remain on such walk for more than one-half (1/2) hour. (1968 Code, §8.119)
7-1-8: OFFENSES TO PUBLIC WAYS:
   A.   Obstruction: It shall be unlawful for any person to cause, create or maintain any obstruction of any street, alley, sidewalk or other public way except as may be specifically authorized by ordinance or by the Director of Public Works. (1968 Code, §8.108)
   B.   Drains: It shall be unlawful to obstruct any drain in any public street or alley. (1968 Code, §8.113)
   C.   Barbed Wire Fences, Electric Current Fences: It shall be unlawful to  maintain or construct any fence composed in whole or in part of barbed wire or with any similar materials designed to cause injury to persons or any wire charged with electrical current anywhere within the Village, except to protect industrial property, in which case barbed wire must be at least six feet (6') above the sidewalk and extend inward of property. (1968 Code, §8.117)
7-1-9: PENALTY:
Any person violating any provision of this Chapter shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (1968 Code, §8.121)