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A. Permit Required; Application:
1. No person, firm, corporation or association shall deposit, store, keep or place upon or over the sidewalks, streets or alleys of the city any goods, wares, merchandise, signs, awnings or obstructions of any kind whatsoever without first obtaining a permit therefor from the city council.
2. All applicants for such a permit shall petition the council in writing, minutely describing the article or thing sought to be placed upon or over said streets, sidewalks or alleys and the manner of placing the same, and all obstructions so placed in accordance with any permit granted shall be placed upon the direction and to the satisfaction of the city engineer, street commissioner or city superintendent.
B. Order Repair Or Removal Of Dangerous Obstructions, Articles:
1. Any obstructions, articles or things on, over or above the streets, sidewalks or alleys of the city which may become dangerous or unsafe may be ordered removed by the city engineer, street commissioner or city superintendent by giving notice thereof to the owner, agent of an owner, or tenant maintaining the same.
2. In the event the same is not repaired or removed within twenty four (24) hours after receiving such order, the said owner, agent or tenant shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code, and the city engineer or city superintendent shall remove or repair said obstructions, articles or things. (Ord. 13.20; amd. Ord. 2.32; 2006 Code)
C. Display Of Merchandise Prohibited: Each separate article of merchandise that is displayed upon the sidewalk shall constitute a separate offense and each period of twenty four (24) hours beginning at one minute after six o'clock (6:01) A.M. and ending at six o'clock (6:00) A.M. the following day shall constitute a separate offense. (Ord. 13.32; amd. 2006 Code)
D. Loading Or Unloading Merchandise Upon Or Across Sidewalks:
1. Prohibition: It shall be unlawful for any person to load or unload any goods, wares or merchandise of any kind upon or across the sidewalks of the city, or to stand such goods, wares or merchandise upon the sidewalks while waiting to be loaded or unloaded to or from the premises fronting the sidewalk.
2. Exceptions; Permit Required:
a. Whenever new equipment, furniture or fixtures are being installed in any store or place of business which cannot conveniently be moved in or out of such store or place of business from the back door and the alley, an application for a permit for such loading or unloading shall be made to the chief of police, and the application shall specify the approximate time during which the use of sidewalks by pedestrians shall be obstructed. The chief of police may grant such permit if he believes the application to be reasonable and necessary.
b. Whenever supplies are to be delivered to a store or place of business, other than merchandise to be displayed for sale, and the arrangement and the construction of the premises make it very difficult or impossible to deliver such supplies through the rear door of the place of business, an application to load and unload and carry such supplies upon or across the sidewalks shall be made to the chief of police; and the application shall specify the approximate length of time during which the use of the sidewalk by pedestrians will be obstructed. The chief of police may grant such application whenever he believes the application to be reasonable and necessary.
3. Moving Household Goods: This section shall not be construed so as to make it unlawful to load or unload household goods or carry household goods upon or across public sidewalks when being moved into or out of premises being, or to be used, for residential purposes. (Ord. 13.36; amd. 2006 Code)
A. Removal Required: It shall be the duty of the owner and tenant of any premises within the limits of the city 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 districts of the city 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) on the following morning. (Ord. 13.20)
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 street commissioner, city engineer or city superintendent. (Ord. 13.20; amd. Ord. 2.32)
A. Responsibility Of Owners And Tenants:
1. It shall be the duty of the owners and tenants of any premises within the limits of the city to keep the sidewalks in front of and adjoining their premises in good, safe and substantial condition, and the owners shall see that all breaks or unsoundness of any character resulting from natural deterioration or from any cause whatsoever, be repaired with all possible dispatch.
2. When by reason of the construction or repair of sidewalks from any cause, any sidewalk or section thereof is removed or rendered dangerous or impassable to the public, such spaces or openings shall be securely fenced; and from dark until sunrise, red lights shall be maintained thereon while such dangerous conditions exist; and a plank walk not less than two inches (2") in thickness and not less than three feet (3') in width shall be constructed around such construction or dangerous walk, the same to extend from sidewalk to sidewalk on each side of said opening or obstruction. (Ord. 13.20)
B. Enforcement By City Officials:
1. It shall be the duty of the chief of police and members of the police department to enforce provisions of this section, and police officers shall immediately report any broken, defective or unsafe sidewalk to the owner of the premises in front of which such defect exists and notify him to repair the same forthwith. Police officers shall also report all such defective walks and crossings as well as the particulars of any accidents that may occur, the names of witnesses and persons injured thereby, to the chief of police, specifying the hour at which the owner as aforesaid was notified to repair his walk, and the chief of police shall in turn notify the street commissioner, city engineer or city superintendent thereof.
2. Upon the refusal or neglect of the owner of any premises to remove obstructions from, or to make necessary repairs to, the walk in front of the same, and when, in the opinion of the street commissioner, city engineer or city superintendent, immediate repairs or removal of the obstruction is necessary to prevent accidents, said street commissioner, city engineer or city superintendent may forthwith proceed with the same; the full cost of said repairs or removal of such obstruction shall be collected or assessed as provided in chapter 2 of this title. Absence of notice to owners to repair or remedy dangerous walks or remove obstructions therefrom shall not constitute a valid excuse against the payment of any fine or damages by such owners or occupants, and nothing contained in any of the sections of this chapter, or chapter 2 of this title, shall be construed as to release the owners or occupants of the real estate from the duty of keeping the sidewalk in front of or adjoining their respective premises at all times in a safe and passable condition, and in a good and thorough state of repair, but such duty is hereby expressly enjoined and imposed upon all such owners and occupants. (Ord. 13.20; amd. Ord. 2.32)
It shall be unlawful for any person, firm or corporation to allow encroachments such as eaves, marquees or other projections that extend into the space two and one-half feet (21/2') back of the face of the curb, and also any such encroachments that are less than seven and one-half feet (71/2') above the sidewalk; or in the event there is no sidewalk, then the same applies to using the shoulder of the road for the control point. These terms and conditions apply anywhere within the corporate city limits. (Ord. 13.04; amd. 2006 Code)
A. Permit Required; Application: It shall be unlawful for any person, association, corporation or company to make or cause to be made any excavations in any of the streets, avenues, alleys or any public grounds within the city, for the purpose of erecting or placing any telegraph, telephone, electric light or other light pole or poles to be used for any light purposes, or to erect any poles therein without first making application to the city council for a permit to do the same 1 . Such application shall show the location of such poles when erected and the location of such poles shall be in all cases made under the supervision of the city engineer, the city superintendent or the city council. (Ord. 15.36; amd. Ord. 2.32)
B. Existing Poles; Compliance Required: Any such poles erected prior to the effective date hereof shall take the same status as if the same had not been erected, and the owner of such poles shall be immediately served with a copy of this section by registered mail. Such owner shall, within three (3) days after receiving a copy of said section, make application to the city council for a permit for the location of such poles, as provided in subsection A of this section.
C. Noncompliance; Removal Of Poles: Any such poles erected without receiving a permit, or any such poles remaining in the streets, avenues, alleys or other public grounds within five (5) days after the effective date hereof without the permission of the city council, are hereby declared to be a nuisance. It is hereby made the duty of the chief of police to at once give the party responsible therefor written notice requiring him to forthwith remove the same; and, unless such parties shall begin removal of the same within five (5) days of receipt of such notice and have the same removed within thirty (30) days, it shall be the duty of the chief of police to proceed to remove the same and report the cost thereof to the city judge who shall tax the same as costs in a judgment of confession and collect the same as any other costs are collected. (Ord. 15.36)
Notes
| 1 | 1. See also section 8-3-3 of this title for excavation permit requirement. |
A. No person shall ride, operate, propel or otherwise use roller skates, skateboards, skiffs, sleds, toboggans, wagons, tricycles, scooters, or any other similar coasting, sliding or rolling devices for amusement or recreational purposes upon the motor vehicular traffic portions of any of the highways, streets, or avenues within the city.
B. The use of any of the devices referred to in subsection A of this section shall be confined to the sidewalks or any of the highways, streets or avenues within the city and the portions of the street and avenue intersections designated as crosswalks for pedestrian traffic. (Ord. 13.08; amd. 2006 Code)
A. From and after the effective date hereof, it will be unlawful for any person, firm or corporation to take, draw or propel or run any tractor engine upon, along or across any cement crosswalks within the city, or to cause the same to be done, excepting only as hereinafter expressly permitted.
B. It is permitted and lawful for any person, firm or corporation to take, draw, propel or run a tractor engine upon, along or across cement walks within the city, provided such person, firm or corporation shall lay down or cause to be laid down upon such cement crosswalks planks of the thickness of not less than two inches (2"). Such tractor engine shall be taken, drawn, or propelled upon such planks, provided such tractor engine or wheels thereof shall in no manner be permitted to rest upon or touch such street crosswalks. (Ord. 13.12; amd. 2006 Code)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. (Ord. 13.20; amd. 2006 Code)