CHAPTER 91: STREETS AND SIDEWALKS
Section
Damaging Streets and Sidewalks
   91.01   Permits to dig in streets
   91.02   Sidewalk construction
   91.03   Street repair
   91.04   Excavations; leaving unprotected
   91.05   Streets not to be damaged
   91.06   House moving
   91.07   Damage to bridges and culverts
   91.08   Damage to lights and signs
   91.09   Grass cuttings on public street; cutting grass and weeds
Obstructing Streets and Sidewalks
   91.20   Assembly on sidewalk
   91.21   Display of goods prohibited
   91.22   Placing objects on streets and sidewalks
   91.23   Construction near sidewalk
   91.24   Sheds and awnings
Use and Cleanliness
   91.35   Throwing or burning trash on street prohibited
   91.36   Tree trimmings
   91.37   Snow and ice removal
   91.38   Bicycles and skateboards on sidewalks prohibited
   91.39   Playing ball on sidewalks prohibited
Cross-reference:
   Public Works, see Title V
   Town Parks, see Ch. 95
   Traffic Code, see Title VII
Statutory reference:
   General authority over streets, sidewalks and other public ways, see G.S. § 160A-296
DAMAGING STREETS AND SIDEWALKS
§ 91.01 PERMITS TO DIG IN STREETS.
   It shall be unlawful for any person, firm or corporation to dig any hole, ditch or excavation of any kind whatsoever, on any street in the town without first securing a permit therefor in writing from the Town Administrator.
(Prior Code, Ch. D, Art. I, § 1) Penalty, see § 10.99
§ 91.02 SIDEWALK CONSTRUCTION.
   No sidewalk of any description shall be built by any individual, firm or corporation of any brick, wood or other material without a written permit from the town.
(Prior Code, Ch. D, Art. I, § 2) Penalty, see § 10.99
§ 91.03 STREET REPAIR.
   It shall be the duty of every person, firm or corporation, who shall open or dig a ditch, trench or hole in any street, public alley or sidewalk of the town, to put the street, public alley or sidewalk in as good condition in all respects as it was before, and every person, firm or corporation violating or failing to observe the provisions of this section shall be guilty of a misdemeanor.
(Prior Code, Ch. D, Art. I, § 3) Penalty, see § 10.99
§ 91.04 EXCAVATIONS; LEAVING UNPROTECTED.
   It shall be unlawful for any person, firm or corporation making any excavation for any purpose whatsoever in any of the streets or sidewalks to fail to securely cover the excavations with plank or place ropes around the same three feet from the ground or shall fall to place a sufficient number of red lights around the excavation before dark and to keep the light burning all night every night the excavations shall be open.
(Prior Code, Ch. D, Art. I, § 4) Penalty, see § 10.99
§ 91.05 STREETS NOT TO BE DAMAGED.
   (A)   It shall be unlawful for any person, firm or corporation to drag, or run, or cause to be dragged or run any harrow or other implement, engine, machine or tool upon any asphalt, bithulitic, warrenite or other permanently paved street of the town which shall be liable, in any way to injure or cut the surface thereof.
   (B)   It shall also be unlawful to injure any dirt street in the same manner.
(Prior Code, Ch. D, Art. I, § 5) Penalty, see § 10.99
§ 91.06 HOUSE MOVING.
   No person shall move any existing structure greater than 14 feet or any house or building upon or across the public streets or sidewalks without written consent of the Board of Aldermen and the deposit of a good and sufficient bond as set by the Board of Aldermen to cover damage done to the streets or sidewalks or to any property or any person.
Penalty, see § 10.99
§ 91.07 DAMAGE TO BRIDGES AND CULVERTS.
   No person shall injure or misplace any part of any bridge, culvert, ditch and drain or other property belonging to or used by the town, or shall place any obstruction in any culvert, ditch or drain, to prevent the free flow of water on or over the streets of the town.
(Prior Code, Ch. D, Art. I, § 7) Penalty, see § 10.99
§ 91.08 DAMAGE TO LIGHTS AND SIGNS.
   No person shall injure, tamper with, remove or paint upon or deface any sign, sign post, street light, traffic signal or bulletin board or other municipal property upon the streets and sidewalks, except employees of the town in performance of their duties.
(Prior Code, Ch. D, Art. I, § 8) Penalty, see § 10.99
§ 91.09 GRASS CUTTINGS ON PUBLIC STREET; CUTTING GRASS AND WEEDS.
   It shall be unlawful for any person or homeowner to blow, scatter or place grass cuttings on any public street in the town without cleaning up the grass cuttings.
   (A)   Cutting weeds, grass, other vegetation. Every person owning or occupying any lot shall cut or cause to be cut and removed all weeds, grass or other rank, poisonous or harmful vegetation; provided that, cutting and removing the weeds, grass and vegetation shall be at a height no greater than nine inches or once per month whichever comes first.
   (B)   Notification of violation: removal by town. If the provisions of this section are not complied with, the town staff shall serve written notice upon the owner, lessee or occupant or any person having the care or control of any lot to comply with the provisions of this section. If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed the weeds, grass or other vegetation within ten days after receiving the notice or if the owner or his or her representative can not be found in the town, the Street Superintendent shall cause the weeds, grass and other vegetation to be cut and removed.
   (C)   Assessment of cost of removal. The actual cost of the cutting and removing the weeds, grass or other vegetation by the town, plus 5% for inspection and additional costs in connection therewith, shall be certified by the Street Superintendent to be a lien upon the property upon which the weeds, grass and other vegetation were located. The cost shall be added to the taxes next to be assessed and levied upon the lot, shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
(Ord. passed 6-14-2006) Penalty, see § 10.99
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