A. Over Streets Or Alleys: No bush, shrub, or tree may encroach or protrude into the city street or alley right of way which is lower than twenty feet (20') from the surface of said street or alley. (1974 Code § 6-601)
B. Over Sidewalks: No bush, shrub, or tree may encroach or protrude into the city sidewalk right of way which is lower than eight feet (8') from the surface of said sidewalk. (1974 Code § 6-602)
C. Location Of Bush, Shrub Or Tree:
1. Traffic And Pedestrians: No bush, shrub, or tree may be located in such a manner so as to prevent a driver of a motor vehicle from seeing traffic and pedestrians from a safe distance determined by the appropriate highway manuals.
2. Intersections: No bush, shrub, or tree shall be located within twenty five feet (25') of an intersection or sign nor in any way be located so that it obstructs the view of a vehicle operator or pedestrian at such intersection or sign. (1974 Code § 6-603)
D. Enforcement: The city public works department is hereby granted authority to enforce this section by giving the property owner upon which bushes, shrubs, or trees are located written notice that the same violates this chapter, that the property owner has fifteen (15) days to correct the problem, and that if said problem is not corrected within the said fifteen (15) days, that the department of public works will have said problem corrected and bill the property owner for the cost thereof. If said cost is not paid to the city within fifteen (15) days after billing, the city clerk-treasurer shall take the proper steps to provide that said cost or fee will be added to the property owner's real property taxes and will be collected by the county tax collector for the city in accordance with the law. (1974 Code § 6-604)
A. Curbs To Be Constructed: There shall be constructed on the curb line as herein established a curb. All curbs shall be constructed in compliance with standards established by the city engineer. (1974 Code § 6-201)
B. Permit Required: Any person, partnership or corporation desiring to construct curbing within the limits of the city shall obtain a permit to do so in the same manner and under the same conditions as are required for the construction of sidewalks within the said city. (1974 Code § 6-202)
C. Parking Strips: A strip of uniform width of seven feet (7') on all sidewalks thirteen feet (13') wide and six feet (6') on all sidewalks twelve feet (12') wide between the curb line and the outside edge line of any sidewalk now constructed or hereafter to be constructed within the limits of the city measured from the said curb line at right angles with the said curb line toward the front line of the lots shall be, and the same is hereby set off and reserved for parking strip purposes; provided, that the provisions of this subsection shall not apply to that part or portion of Main Street lying between the northeast curb line on Eighth Avenue and the southwest curb line on Twelfth Avenue and shall not apply to that part or portion of Broadway lying between Maple Street and the railroad track of the Eastern Idaho Railroad, and shall not apply to that part or portion of Ninth Avenue lying between the railroad track of the Eastern Idaho Railroad and the alley running northeast and southwest between Main Street and Locust Street. (1974 Code § 6-203; amd. 2010 Code)
A. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
ALLOWABLE LIMITATION: An encroachment now existing which does not extend into or invade or intrude into any way, alley or street of the City, a distance of more than eight inches (8"), or an encroachment made, after the effective date hereof, which does not extend into or invade or intrude into any way, alley or street of the City, a distance of more than four inches (4"); provided, that any such encroachment does not hamper public use of any such way, alley or street of the City.
ENCROACHMENT: Any fixture, construction or restriction, permanent or temporary, which intrudes into or invades any way, alley or street of the City, or encloses a portion of it, diminishing its width or area.
HAMPER: That which interferes with the free and unrestricted use of such way, alley, or street of the City. (1974 Code § 6-301)
B. Damage To Sidewalks: Every person who shall step or walk upon or otherwise mark or deface any part of the cement sidewalk, within the City, or who shall permit any dog, horse or other animal or animals owned by him or under his control to step or walk upon or otherwise mark or deface the said sidewalk, or any part thereof, before the same shall have become dry and have been cleared for use, shall be guilty of an infraction. (Ord. 991, 10-11-2018)
C. Violation; Penalty: Any person violating any of the provisions of this section, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. (1974 Code § 6-303; amd. 2010 Code)
A. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
ALLEY: Those passageways other than streets, avenues, and boulevards which are open to public or private passage, whether limited or restricted.
PARKING LOT: Any area, either designated or actually used as a space for the parking, storage, or retention of four (4) or more motor vehicles, whether permanent or temporary, whether said space is owned by private individuals, governmental or public authorities.
PAVE: To cover with a suitable asphalt or other permanent surface at such a depth and base as approved by the City Engineer. (1974 Code § 6-501)
B. Alleys Utilized For Egress And Ingress To Parking Lots:
1. Paving Required: Any person, partnership, corporation, governmental unit or other entity which owns, establishes, leases, operates or maintains a parking lot utilizing alleys for purpose of ingress and/or egress into said lot, and encourages or permits use of said lot for purposes of public parking, retention, or storage of four (4) or more motor vehicles shall pave, at its own expense, that portion of the alley regularly utilized for ingress or egress to the public streets, avenues or boulevards. (1974 Code § 6-502)
2. Permit Required: Any person, partnership, corporation, governmental unit, or other entity which utilizes or intends to utilize any portion of any alley shall apply in its building permit application as required by title 8, chapter 2 of this Code, for permission to utilize a portion or the whole of said alley for purposes of ingress or egress to a parking lot and said use shall not be allowed until approved by the City Council. (1974 Code § 6-503)
C. Violation Declared Nuisance: Any parking lot which utilizes an alley or any portion thereof for purposes of ingress or egress, and which is not in compliance with subsection B of this section, relating to required paving of said alley, is liable to declaration as a nuisance, and subject to abatement pursuant to this Code. (1974 Code § 6-504)
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