8-1-4: REPAIR OF DANGEROUS OR IMPASSABLE SIDEWALKS:

   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)

8-1-5: ENCROACHMENTS:

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)

8-1-6: LOCATION OF TELEPHONE AND ELECTRIC LIGHT POLES:

   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.

8-1-7: ROLLER SKATES, SKATEBOARDS AND SLEDS ON PUBLIC WAYS:

   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)

8-1-8: TRACTOR ENGINES CROSSING CEMENT CROSSWALKS:

   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)

8-1-9: PENALTY:

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)