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§ 94.20 OBSTRUCTIONS PROHIBITED; EXCEPTION FOR SIDEWALK SALE AND BASKETBALL GOAL.
   (A)    Except as otherwise allowed under this section or as authorized by statute or ordinance (including §§ 94.41 and 94.42 of this chapter), and except to the extent required by the performance of some function authorized or mandated by a statute or ordinance, no person may obstruct or impede travel in the public streets or sidewalks within the town by placing or leaving any object within the traveled portion of the public right-of-way.
   (B)   Except as provided in this division (B), division (A) above applies, but is not limited to goods, wares or merchandise displayed for sale. Partial obstruction of a public sidewalk for a sidewalk sale is permissible in accordance with a permit issued by the Administrator upon a finding the following:
      (1)   The sale will not extend for more than three consecutive days;
      (2)   The obstruction will take place only during daylight hours;
      (3)   The permit, together with any other permits issued to the same applicant or to other applicants for sale at the same location, will not authorize an obstruction for more than ten days during any 365-day period; and
      (4)   The sidewalk will only be partially obstructed in a manner that does not seriously inconvenience the public or threaten the public safety.
   (C)   If a permit is issued pursuant to division (B) above, no person may cause, suffer or permit the operation of a sidewalk sale in violation of the conditions set forth in divisions (B)(1) through (B)(4) above or any other conditions attached to the permit.
   (D)   The Town Clerk shall charge and collect a fee identified on the town’s fee schedule for a permit for each sidewalk or yard sale.
   (E)   Division (A) above shall not apply to temporary obstructions caused by persons engaged in construction work on abutting property when proper warning devices are maintained in accordance with § 94.23 of this chapter.
   (F)   Basketball goals (“goals”) may be allowed over the traveled portion of a public right-of-way in accordance with the following restrictions:
      (1)   The goals must be located on a residential street with a speed limit of 20 miles per hour or under.
      (2)   The goal must be located adjacent to the residential property of the owner of the goal.
      (3)   The goal base structure must be placed off the pavement and curb and clear of utility boxes, light poles, sidewalks or any other permanent structure.
      (4)   The goal must be removable and not a permanent structure.
      (5)   The goal must be in clear sight with no obstructions preventing drivers from identifying the goal from a safe distance away.
      (6)   The goal must in no way interfere with uses allowed in the public right of way including but not limited to: travel, parking, mail delivery, trash collection, yard waste collection, public storm water systems, or access to public utilities nor may the goal block a public sidewalk or driveway.
      (7)   The goal must be kept in clean, safe and good working condition, with intact nets.
      (8)   If, at any time the goal is determined to be a health or safety risk or a nuisance to the community for any reason, the goal must be removed.
(Ord. passed 4-2-2024)
§ 94.21 OVERHANGING OR PROTRUDING TREES, SHRUBS, FENCES AND THE LIKE.
   (A)   No person may cause or allow (from property under his or her control) any tree limb, bush, shrub or other growth or any trellis, fence, awning or other obstruction to overhang a public street at a distance of less than 20 feet above the traveled portion of the street or public sidewalk at a distance of less than seven feet above the sidewalk.
   (B)   No person may cause or allow grass, vines, weeds or other vegetation to grow from property under his or her control over, onto or across any public street or sidewalk.
   (C)   Any violation of divisions (A) or (B) above is declared to be a public nuisance and, if not corrected by the responsible person within three days after being notified of the violation by the Code Enforcement Officer, the town may summarily abate the nuisance.
   (D)   The actual cost incurred by the town in removing or otherwise remedying a public nuisance pursuant to this section shall be charged to the owner of the offending property, and the owner shall pay these charges within 30 days after receiving from the town a statement of charges under this division (D), the charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G.S. § 160A-193.
§ 94.22 DRAINAGE-RELATED INTERFERENCE WITH SIDEWALKS.
   (A)   No person may cause or permit gutters, ditches, ducts or drain pipes to be constructed or placed on property under his or her control in a manner that the water from the gutters, ditches, ducts or drain pipes empties onto or runs across a public sidewalk.
   (B)   Subject to the next sentence, all owners of property abutting concrete, brick or other permanently improved public sidewalks shall grade the property or construct a retaining wall in a manner as to prevent the washing of dirt, grass, gravel or other material upon the town sidewalks. If the town constructs a sidewalk, it shall be responsible initially for taking the necessary steps to prevent the washing of the materials upon the sidewalk.
§ 94.23 WARNING REQUIRED FOR OBSTRUCTION.
   (A)   All persons engaged in doing work that creates any dangerous condition or obstruction in the public right-of-way of any street or sidewalk shall take whatever action is necessary, including the placement of barricades and warning signs or devices, to warn the traveling public of the condition or obstruction.
   (B)   No person may remove, destroy, injure or tamper with any barricade, sign, lantern, torch or other device placed in any street or sidewalk to warn or give notice to the traveling public of any dangerous condition or obstruction.
§ 94.24 SPECIAL CLEANING OR REPAIRS; REQUIREMENTS.
   (A)   No person may cause, suffer or permit any condition to be created in or upon any public street, sidewalk or storm drain that necessitates the special cleaning or repair of the street, sidewalk or storm drain. Without limiting the generality of the foregoing, the following are specifically prohibited:
      (1)   The hauling of dirt, debris, materials removed from the sites of construction or reconstruction of buildings or structures or waste materials of any kind, in a manner that any portion of the dirt, debris or materials is spilled, lost, dropped or left upon the streets or sidewalks;
      (2)   The depositing or leaving upon the streets or sidewalks of mud, dirt or any other material as a result of the use of trucks, construction equipment or machinery, regardless of whether the materials are spilled, lost or dropped in transit or are deposited upon the surface of the street or public property by the tires or wheels of the trucks, construction equipment or machinery;
      (3)   The grading of lots, lands or driveways at elevations higher than the street or sidewalk level or any other acts, neglects or conditions created or allowed to exist upon the lots, lands or driveways which result in mud, dirt, soil, gravel, debris or any other material being washed or otherwise deposited upon a public street or sidewalk or into a public storm drainage system;
      (4)   The throwing or depositing in or upon any street, sidewalk or storm drain of any glass bottle, tacks, nails, wire, cans or any other substance likely to injure or damage any person, animal or vehicle; and/or
      (5)   The depositing of grass clippings and leaves in the street or on the curb.
   (B)   For purposes of this section, the following conditions apply:
      (1)   Special cleaning or repair of streets, sidewalks or storm drains is necessitated when the condition of the streets, sidewalks or storm drains is such that their use by the public is threatened, limited or impaired, the use and enjoyment of property abutting the streets, sidewalks or storm drains is diminished or limited or substantial damage is caused to the streets, sidewalks or storm drains or abutting property; and
      (2)   Special cleaning or repair includes but is not limited to sweeping, flushing, removal of mud or debris, resurfacing, restoration of gravel and base or any other extraordinary maintenance measures that are required to restore the street, sidewalk or storm drain to the condition that existed prior to the occurrence of the prohibited act.
   (C)   If the Administrator determines that, as a result of violation of division (A) above conditions exist that require special cleaning or repairs, the Administrator shall notify any or all persons responsible under division (A) above of the existence of the conditions and shall order prompt abatement thereof.
   (D)   If any person, having been ordered to abate the condition requiring special cleaning or repairs, fails, neglects or refuses to abate or remove the condition within the time specified, the Administrator shall cause the condition to be corrected or otherwise remedied by having employees of the town accomplish the work requiring special cleaning or repairs. The costs incurred by the town in accomplishing the special cleaning or repairs shall be billed by the town to the persons responsible under division (A) above.
§ 94.25 OBSTRUCTIONS TO VISION AT STREET INTERSECTIONS.
   (A)   No person may cause or allow any fence, shrubs, bushes or other plantings on property owned by him or her or under his or her control to substantially obstruct vision between a height of two feet and a height of ten feet measured above the average elevation of the existing surfaces of the intersecting streets at their centerlines within the area formed by joining points on the property lines measured as follows.
      (1)   On property lines abutting streets 50 feet or less in right-of-way width, the points on the property lines shall be 25 feet from the lot corner.
      (2)   On property lines abutting streets more than 50 feet in right-of-way width, the points on the property lines shall be 40 feet from the lot corner.
   (B)   The requirements of this section shall not be deemed to prohibit obstructions caused by natural grade or by retaining walls.
CURBS, STREETS, DRIVEWAYS AND EXCAVATIONS
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