A. Removal Required: It shall be the duty of the owner and tenant of any premises within the limits of the town to keep the sidewalk in front of and adjoining his premises free and safe for pedestrians and, with all possible dispatch, to remove snow, ice, slush, mud and other impediments to safe and convenient foot travel, and prevent the continuance and accumulation of the same upon such sidewalk.
B. Dumping In Streets Restricted: In no case in the business areas of the town shall the snow, ice, slush, mud and other material removed from such sidewalks be dumped or deposited within the adjoining streets, avenues or alleys within two feet (2') of the curb line.
C. Time Limit For Removal: Sidewalks shall in all cases be freed from the night accumulation of snow, water or slush, mud or other like impediments before nine o'clock (9:00) A.M. on the following morning.
D. Dangerous Conditions: When, from freezing snow, water or slush thereon, or by reason of the smoothness resulting from the wear of foot travel or from any cause whatsoever, sidewalks are rendered dangerous, unsafe or difficult to the free passage of pedestrians, it shall be the duty of the aforesaid owners and tenants of the premises in front of which said sidewalks have been constructed to sprinkle sand or ashes on said sidewalk; and in cases of permanent polish or smoothness as aforesaid, the owners shall remove the same in accordance with the directions of the town council. (2014 Code)
ARTICLE A.WIDTHS AND GENERAL REGULATIONS
SECTION:
7-1A-1: Washington Avenue
7-1A-2: First Street East
7-1A-3: Second Street East
7-1A-4: Main Street
7-1A-5: Other Streets
7-1A-6: Gutters
7-1A-7: Curb Lines
7-1A-8: Grade
7-1A-9: Conformance To Regulations
7-1A-10: Assessment Of Cost
7-1A-11: Uniform Placement
7-1A-1: WASHINGTON AVENUE:
All sidewalks which may hereafter be built on Washington Avenue within the limits of First Street West and Third Street East shall be twelve feet (12') in width. (1969 Code §12.08.010)
7-1A-2: FIRST STREET EAST:
All sidewalks which may hereafter be built on First Street East between the intersection of Washington Avenue and First Street East and the intersection of First Street East and Jefferson Avenue shall be eight feet (8') in width. (1969 Code §12.08.020)
7-1A-3: SECOND STREET EAST:
All sidewalks which may hereafter be built on Second Street East between the intersection of Second Street East and Washington Avenue and the intersection of Second Street East and Jefferson Avenue shall be eight feet (8') in width. (1969 Code §12.08.030)
7-1A-4: MAIN STREET:
All sidewalks which may hereafter be constructed on Main Street between the intersection of Main Street and Washington Avenue and the intersection of Main Street and Jefferson Avenue shall be eight feet (8') in width. (1969 Code §12.08.040)
7-1A-5: OTHER STREETS:
All sidewalks which may hereafter be constructed on any streets and avenues not named in this article shall be four feet (4') in width. (1969 Code §12.08.050)
7-1A-6: GUTTERS:
The bottom of the gutter in any street or avenue shall be eight inches (8") lower than the established grade of the street or avenue in front of the gutter. (1969 Code §12.08.060)
7-1A-7: CURB LINES:
The curb line on all streets or avenues used in business streets or avenues shall be at the edge of the sidewalk in the street or avenue, and in all other cases the curb line shall be eight feet (8') from the line of lot. (1969 Code §12.08.070)
7-1A-8: GRADE:
All sidewalks shall have a grade of one-eighth inch (1/8") per foot toward the gutter. (1969 Code §12.08.080)
7-1A-9: CONFORMANCE TO REGULATIONS:
Any sidewalks which may be hereafter constructed that do not conform to the aforesaid requirements of this article shall be made to conform to the same within thirty (30) days from the date of notice being served on the person or persons owning the property on which the sidewalk is in front of, by the town clerk-treasurer. (1969 Code §12.08.090)
7-1A-10: ASSESSMENT OF COST:
In case the property owner or owners shall refuse or fail to comply with the terms of this article within the time specified, the town is hereby authorized to provide for the construction of the sidewalk on the proper grade and specification, and shall keep a record of the cost of the same, which cost shall be collected from the owner or owners of the property as an assessment thereon, to be collected in the same manner as taxes. (1969 Code §12.08.100; amd. 2014 Code)
7-1A-11: UNIFORM PLACEMENT:
All sidewalks shall be constructed of concrete as provided in article B of this chapter, and other relevant sections. All sidewalks shall be constructed next to the curb unless the town council, upon request, provides otherwise in situations where to require the sidewalk to be built next to the curb would be inconsistent with existing sidewalks, or for other reasonable reasons. (1969 Code §12.08.110)
ARTICLE B.CONSTRUCTION STANDARDS FOR SIDEWALKS AND CURBS
SECTION:
7-1B-1: Order Of Town Council To Construct
7-1B-2: Construction Specifications
7-1B-1: ORDER OF TOWN COUNCIL TO CONSTRUCT:
Whenever it is deemed necessary to construct any sidewalk or curb in the town, the town council may, by an order duly made and entered upon its minutes, order the construction of such sidewalk or curb, specifying in such order the name of the street along which, and the number of the lot or lots and blocks in front of which, such sidewalk or curb is to be constructed. (1969 Code §12.08.120)
7-1B-2: CONSTRUCTION SPECIFICATIONS:
A. Adopted: All concrete sidewalks shall be constructed in accordance with standard specifications for the public works construction as published by the American Public Works Association, specifications C1-54 (1954), and curb or curb and gutter shall be constructed in accordance with standard specifications for the public works construction as published by the American Public Works Association C2-54 (1954). (1969 Code §12.08.320)
B. Use Of Batch Mixer Permitted: With the general specifications adopted by reference in subsection A of this section, nothing contained in such section shall be construed to prevent the use at a job site of either a stationary or portable batch mixer, meeting Associated General Contractors rating standards; provided, that proper safeguards are in use. (1969 Code §12.08.330)
ARTICLE C.SIDEWALKS AND CURBS
SECTION:
7-1C-1: Duty Of Property Owners To Keep Repaired
7-1C-2: Defective Sidewalks Or Curbs; Failure To Repair
7-1C-1: DUTY OF PROPERTY OWNERS TO KEEP REPAIRED:
It is the duty of the owners of any real property within the town to keep the sidewalks and curbs located on town owned property that adjoins their property in a state of good, safe and substantial condition and repair. The property owner shall see to it that all breaks and unsoundness, whether the result of natural deterioration, or from any other cause, are repaired within six (6) months after being served with written notice directing the repair of the sidewalk or curbs. If the repairs result in damage to yards and/or boulevards, including irrigation systems, trees, etc., the property owner will be solely responsible for repair of that damage. (2014 Code)
7-1C-2: DEFECTIVE SIDEWALKS OR CURBS; FAILURE TO REPAIR:
When the town has given notice to the owner of any property that repairs are to be made to such sidewalks or curbs, and upon the failure, refusal or neglect of the owner to make necessary repairs to such sidewalks or curbs within the time specified herein and in the notice, the town, its employees, agents or contractors may thereupon proceed to repair such sidewalks or curbs and the full cost of such repairs shall be assessed against and become a lien upon the property, in accordance with Montana Code Annotated section 7-14-4122. (2014 Code)