12.04.040   Sidewalks.
   A.   Responsibility. The construction, maintenance and replacement of deteriorated sidewalk fronting or abutting all streets, highways and avenues shall be accomplished by the builder, owner or developer of all residential and commercial property within the city in accordance with the procedure for requiring construction as hereinafter set forth, and construction shall be required as follows:
   1.   New Construction. Upon the issuance of a building permit for any structure within the city, as required by the provisions of Title 15, sidewalks in accordance with the specifications hereinafter set forth shall be constructed at the same time as the construction of the permitted structure, and this requirement to construct the sidewalk shall be a condition of the issuance of the building permit.
   2.   Petition of Property Owners. Construction of sidewalks in any area of not less than one block, measured from street to street within the city may be initiated upon the petition of a majority of the property owners abutting upon the proposed sidewalk or the city. In the event the city determines sidewalks are necessary, the construction costs are the responsibility of the adjacent property owners. However, the property owners may petition the city for a sidewalk assessment district. Upon receipt of the petition, the Custer City council shall schedule a hearing thereon and may
      1.   Require the construction of the sidewalk in accordance with the provisions of this section, and/or
      2.   Establish an assessment district for payment of the sidewalk, as set forth in South Dakota Codified Law.
   3.   Resolution of Custer City Council. The city council shall also be empowered to initiate the construction or replacement of deteriorated public sidewalks upon any property abutting a public street by resolution, and after due investigation, and shall designate individual properties whereon sidewalks are determined to be necessary. The resolution shall also set a public hearing upon the resolution by the common council, which may be at a regular meeting of the common council, or at a special meeting called for the express purpose of considering the resolution. Not less than ten (10) days prior to the date of the hearing, a copy of the resolution including the notice of hearing thereon shall be sent to each of the affected property owners, and shall give notice to the property owners of their right to appear and be heard. Upon such hearing, the council shall have the power to require the construction of sidewalks, and shall set a schedule for the completion of the work, and may consider any variance in the specifications for the sidewalk construction, or make any other changes as are reasonably necessary to effectuate the construction of the sidewalk. Upon final hearing and subject to the changes or adjustments to the resolution made at the hearing, the resolution shall then become effective without further notice or hearing thereon.
   B.   Specifications. All sidewalks shall be curbside and shall be a minimum of five feet in width in commercial zones, and a minimum of four feet in width in residential zones, and shall be constructed in accordance with the specifications of the South Dakota State Highway Department which are by reference herewith adopted and made a part of the ordinance codified in this section, and will be available at the city finance office.
   C.   Variances. The city council may permit variances to the specifications contained in this section as to the location of the sidewalks, as may be necessary in consideration of special circumstances including previously constructed improvements or sidewalks, or physical features of the property not reasonably allowing construction in accordance with the specification; or in consideration of conforming the sidewalks to existing sidewalks or facilities upon adjoining properties, it being the intent of this section to require the installation of an orderly and functional system of public walkways within the city.
   D.   Failure to Install Sidewalks. In the event that after due notice of the requirements to construct any sidewalks under the provisions of this section, and within thirty (30) days thereafter if such sidewalks have not been installed or the city council has not acted to extend the time for such installation; the city may then proceed to cause the sidewalks to be constructed in accordance with the specifications as hereinafter set forth, and the cost of such sidewalk construction shall be thereupon assessed to the owner of the property abutting the sidewalk.
   E.   Use of Sidewalk.
   1.   Merchant Use.
   a.   Any merchant within the commercial zone of the city may use and occupy up to one-third of the total sidewalk area in front of such merchant’s business for the display of products or merchandise subject, however, to the further limitation described hereafter in paragraphs b, c, d, e, and f. Parking node areas shall not be utilized in calculations of total sidewalk area. Such merchant use shall be limited to that portion of the sidewalk directly contiguous and perpendicular to the merchant’s building. No merchandise or wares intended for sale, or intended as advertisements for saleable wares located within the merchant’s establishment, shall be displayed or hung from awnings or posts outside of the permitted area. However, from October 1st to April 1st awning posts and light poles may be decorated for holidays. Decorations may extend from the post or pole to the back of the curb to a maximum height of seven (7) feet, but must not impede access to or from parking. All decorations on light poles shall be approved by the community development director. The chamber of commerce shall be allowed to display selected objects such as the buffalo art pieces and informational attachments on nodes as approved by the community development director.
   b.   The total combination of all such properties placed upon the sidewalks shall not in total occupy in excess of one third (1/3) of the total sidewalk space. For those properties that have awning/canopy supported by post(s), the sidewalk space shall be measured from the inside of the post to a point parallel with the property line.
   c.   Such properties shall not be permitted to obstruct pedestrian traffic upon such sidewalk, or create any hazard to any person traveling upon such sidewalk. Access from parking areas to sidewalk shall not be obstructed. A minimum of five feet in width of unobstructed sidewalk shall be maintained.
   d.   In no event shall any merchant use or occupy the sidewalk and other areas within any parking node within Custer City, except that small planters or newspaper boxes may be placed in locations approved by the community development director.
   e.   Benches, Chairs, Tables, and Planters. The placement of benches, chairs, tables, and planters upon sidewalks by the owner of the abutting property, or their agent, shall be allowed; provided, that such items are placed within the three feet adjacent to the building, and a minimum of five feet in width of unobstructed sidewalk is maintained.
   i.   Benches, chairs, tables, and planters may be required to be attached to the building and must be maintained in good repair and clean.
   ii.   The owner of the abutting property or his or her agent, who places the benches, chairs, tables, and planters upon the sidewalk, shall keep the benches, chairs, tables, and planters in a neat and satisfactory manner.
   iii.   Benches, chairs, and tables are authorized for public use and convenience only.
   iv.   Hanging baskets from the awnings are only allowed with authorization from the city on an annual basis.
   f.   Signs. Pedestrian-oriented signs placed on the sidewalks are authorized hereunder and shall be of such size, dimension, orientation and placement as to be directed toward the attention of pedestrians within fifty (50) feet thereof and, under no circumstances, directed toward the attention of persons traveling in motor vehicles. Such signs shall not exceed thirty-six (36) inches in height or more than twenty-four (24) inches in width on any face and with no more than two faces total. Any such sign shall contain no off-premises advertising, and shall display no logo or advertising copy other than for the primary business of the occupant of the abutting property. The location of any sign shall be as required in subsection E.1.a. of this section.
   g.   Penalties. Violations of this section shall receive two written warnings by a city official. After two written warnings are issued in a calendar year, a fine of twenty-five dollars ($25.00) shall be issued. For each additional violation in a calendar year, the fine issued will double from the previous fine received, up to a maximum of five hundred dollars ($500.00) per violation.
   2.   Rubbish and Dirt on Sidewalk. It is unlawful for any person or the owner occupant of any lot or lots abutting any public sidewalk to allow any mud, rubbish, dirt, debris or obstruction to remain on the sidewalk for more than twelve (12) hours.
   3.   Snow and Ice. Snow and ice permitted to gather and remain upon the sidewalks of the city is dangerous to the safety of its citizens and others using the sidewalks, and is declared a public nuisance. It shall be the duty of the owner, occupant, person in possession or in charge of any lot, parcel or plot of ground fronting or abutting upon any sidewalk to keep such sidewalk free and clear of snow and ice to the width of the sidewalk. If the ice is not removable by ordinary means, the owner, occupant, or person in possession or in charge shall take necessary precautions to render the sidewalk safe for passage by treating the ice with salt or sand.
   a.   The following enforcements shall apply in accordance with this section:
   i.   The central business district shall have snow and ice removed to the width of the sidewalk by 9:00 a.m.
   ii.   The highway commercial district with non-DOT sidewalks shall have snow and ice removed to the width of the sidewalk by 9:00 a.m.
   iii.   The highway commercial district with DOT sidewalks shall have snow and ice removed to the width of the sidewalk or the day following the plowing or clearing of the street.
   iv.   The residential district shall have snow and ice removed to the width of the sidewalk twenty-four (24) hours after the cessation of snowfall.
   b.   If the owner, occupant, person in possession or in charge of any lot, parcel or plot of ground fronting or abutting upon any sidewalk fails or neglects to remove the snow or ice from sidewalk in accordance with this section, or shall fail to treat or remove ice with salt or sand, then the superintendent of streets or any other officer of the city may proceed and remove the same and the expenses for removing such snow and ice shall include the cost of equipment, labor, materials and a penalty shall be invoiced to the property owner and may be assessed against the abutting property from which the snow or ice was removed or it may be collected by suit against the owner or occupant of the lot or building.
   4.   Driving or Parking upon Sidewalk. It is unlawful for any person to park or drive upon a public sidewalk within the city except to cross the sidewalk at designated driveways. The owner or occupant of any building or ground fronting or adjoining any sidewalk as aforesaid, or operating a business abutting the sidewalk shall take necessary and reasonable measures to require that customers to the business or premises do not park upon the public sidewalk, or cross the same in any manner except at a ninety (90) degree angle at designated driveways.
   5.   Intersections, Curb Cuts and Handicap Access. At any time that the owner of any building or ground within the city shall install any sidewalks as required by this section and in conformance with the requirements and specifications as herein set forth, notice shall be then given to the city of the necessity of any work necessary at intersections and including curb cuts and handicap access. Whenever any person, firm or corporation makes new installation of sidewalks, curbs or gutters or improves or replaces existing sidewalks, curb or gutters, in both business and residential areas, it shall be required that they install ramps at all places necessary to make the transition from street to sidewalk easily negotiable for handicapped persons in wheelchairs and for blind persons. (Ord. 730, 2013; Ord. 711, 2012; Ord. 704 (part), 2011; Ord. 678, 2010; Ord. 586, 2003; Ord. 550, 2002; Ord. 537, 2001; Ord. 490, 1998; Ord. 369, 1992: Ord. 347, 1990: prior code § 7-104)