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A. Held To Minimum Size: Excavations in streets and alleys in the city shall be held to a minimum size. This cutting shall be done with a jack or chipping hammer before any excavation equipment is used for excavation, so that the undisturbed portion of the pavement is not damaged.
B. Specifications: All excavations will be done in accordance with Montana public works standard specifications. (Ord. 389, 8-16-2004)
C. Violation; Penalty: Any person who violates any of the provisions of this section, upon conviction thereof, shall be punished as provided in section 1-4-2 of this code for each separate offense. (Ord. 389, 8-16-2004; amd. 2015 Code)
A. Fences, Buildings; Erection: No person shall erect or place or cause to be erected or placed any building, fence or obstruction of any kind whatsoever, in whole or in part, upon any street, alley or other public grounds within the corporate limits of the city. (Ord. 389, 8-16-2004)
B. Notice To Remove: The owner of any building, fence or other obstruction erected or placed upon any street, alley, sidewalk or other public ground within the city shall remove the same upon being requested to do so by the mayor or chief of police. For every violation of this subsection, the offender shall, upon conviction thereof, be fined as provided in section 1-4-2 of this code for each and every day that he shall continue in such violation after conviction thereof. (Ord. 389, 8-16-2004; amd. 2015 Code)
A. Covering Required: Any person who shall dig, construct, maintain, own or use, either as proprietor, tenant or otherwise, any irrigation ditch, drain, canal or pipe, within the corporate limits of the city, shall keep such irrigation ditch, drain, canal or pipe substantially covered by sinking, imbedding, covering and protecting such ditch, drain, canal or pipe in such manner so that the same shall cause no injury to person or property, nor obstruction or impediment to the free, convenient and safe use of any private property or any street, avenue or alley within said corporate limits of the city.
B. Streets, Avenues Or Alleys: Wherever possible, such irrigation ditch, drain, canal or pipe shall be constructed, maintained, used, sunk and imbedded through, along and under the surface of a street, avenue or alley of the city. (Ord. 389, 8-16-2004)
C. Violation; Penalty: Any person offending against any of the provisions of this section shall be deemed guilty of creating or maintaining a nuisance, as the case may be and, upon conviction thereof, shall be fined as provided in section 1-4-2 of this code, and the city judge may, as a part of the judgment in such case, order that such nuisance be abated by the chief of police at the cost of the person so digging, constructing, maintaining, owning or using the property causing such nuisance. (Ord. 389, 8-16-2004; amd. 2015 Code)
A. Removal From Sidewalks:
1. Duty To Remove: It shall be the duty of the owner or tenant of any premises within the limits of the city to keep the sidewalks in front of and abutting his premises free and safe for pedestrians and use all reasonable dispatch to remove snow, ice, slush, mud, and other threats to safe foot travel and to prevent the accumulation of the same upon such sidewalks. The sidewalks abutting such owner's or tenant's premises must be cleared by such owner or tenant from the night's accumulation of snow and ice or other impediment before nine o'clock (9:00) A.M. following such accumulation thereof. It shall be the duty of the tenant or owner of any premises occupied by him to keep the sidewalks in front of the premises free and safe for pedestrians and to prevent the continuance and accumulation of the same upon such sidewalks. (Ord. 399, 11-17-2008)
2. Abatement By City: Where a complaint has been made or the city has reason to believe, after inspection and photographic documentation, that snow and ice on a sidewalk, as described herein, is present upon a sidewalk in front of and abutting his premises within the city limits, in violation of the law, then the city, through its designated representative, may direct or hire the removal of such snow and ice in order to bring the sidewalk into compliance.
3. Removal By City; Assessment Of Costs; Collection: Upon failure of the owner, tenant or occupant of said premises to comply with the duty to remove, then and in that event, the city shall have the right to remove such snow, ice or other impediment, and assess against said property and party or parties, a minimum fee to be determined by council resolution from time to time. Any amount so assessed, together with the costs and penalties, shall constitute a lien on the noncomplying real property and will be taxed as a special assessment against the real property. (Ord. 399, 11-17-2008; amd. 2015 Code)
B. Dumping: It shall be unlawful for any person to pile, deposit or dump snow or ice removed from private property on any road, street, avenue, alley or any other public place within the city at any time; and any person so offending shall be guilty of creating and fostering a nuisance, and, upon conviction thereof, shall be fined as provided in section 1-4-2 of this code. Any person who shall be guilty of a violation of this subsection and who shall fail to remove such ice or snow wrongfully piled, deposited or dumped by such person within three (3) hours after he shall have been notified so to do by the city police, shall be deemed guilty of a separate violation for every twenty four (24) hours such failure to remove the same continues, and subject to the same penalty for such offense provided for in this subsection. (Ord. 389, 8-16-2004; amd. 2015 Code)
Signs not more than four-fifths (4/5) the width of the sidewalk and securely fastened may be suspended over the sidewalk not less than eight feet (8') above said sidewalk, and no sign, show bill, lantern or show board, which at its lowest part is less than eight feet (8') above the sidewalk, shall project into any street more than one foot (1'). (Ord. 389, 8-16-2004)
A. Merchandise: Nothing herein contained shall make it unlawful for any person to place on any sidewalk any goods, wares or merchandise which he may be receiving or delivering; provided, that a six foot (6') clear passageway be left upon said sidewalk; and provided, that such goods, wares or merchandise be not suffered to remain on such sidewalk for a longer period than six (6) hours. (Ord. 389, 8-16-2004)
B. Sale Stands: No person shall keep a stand for the sale of goods, wares or merchandise upon any street, avenue, alley or sidewalk, or do any act or thing to collect a crowd so as to interfere with traffic or pedestrians within the corporate limits of the city, and every person who shall violate the provisions of this subsection shall, upon conviction thereof, be fined as provided in section 1-4-2 of this code for each separate offense thereof. (Ord. 389, 8-16-2004; amd. 2015 Code)
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