905.03 STREETS, ALLEYS AND PUBLIC GROUNDS.

   (a)   Obstructing Vision. No person, firm or corporation shall place or cause to be placed any snow, earth, debris, or any other materials in such a manner or in such proximity to a street, alley or public grounds so as to obstruct the vision of persons entering, exiting or traveling over such streets, alleys or public grounds. This section shall not apply to employees or agents of the City or any other public agency who are plowing or removing snow, earth, debris or any other materials within the public streets, alleys or grounds.

   (b)   Littering Streets, Alleys or Public Grounds.

(1)   No person, firm or corporation shall place or cause to be placed any earth, mud, snow, debris or any other material or object upon any street, alley or public grounds. Any person, firm or corporation who causes or permits the littering of any street, alley or public grounds with earth, mud, snow, debris or any other material or object shall immediately clean and/or remove the same. If the person, firm or corporation fails or is unable to remove the earth, mud, snow, debris or other material or object immediately after being notified to do so, then the cleaning service shall be rendered by the street division at the current hourly rates of its equipment and personnel.

(2)   The street division shall render the bill for the services to the person, firm or corporation in violation of subsection (b)(1) hereof and shall also send a duplicate bill to the Finance Director.

   (c)   Structures on Streets, Alleys, Public Rights-of-Way, Easements and Public Grounds. No person, firm or corporation shall construct or place or cause the construction or placement of any structure on any street, alley, public right-of-way, easement or public grounds except the following:

      (1)   Driveway aprons connected to public streets approved by the Director of Public Works or designee in accordance with applicable ordinance requirements as to size, location and construction.

      (2)   Approved street trees and plantings in accordance with applicable ordinances.

      (3)   Mailboxes approved by the Director of Public Works or designee as to size, location and construction.

      (4)   Public and quasi-public utility facilities and other public and quasi-public uses approved by the Public Works Director or designee as to size, location and construction.

      (5)   Public signs, streets, roads, bridges, traffic control and drainage facilities and related appurtenances approved by the Public Works Director or designee as to size, location and construction.

      (6)   Newsracks, if, and only to the extent required, under the constitutions of the United States or State of Ohio, provided that such newsracks are maintained in good order and repair, are not located in the paved street or roadway, curb or shoulder of the street or road, do not obstruct the safe passage or sight distance of motorists or pedestrians in the public right-of-way, do not block sidewalks or other pedestrian ways such that a pedestrian cannot traverse along the sidewalk or way without leaving the paved surface and do not interfere with public and quasi-public utility facilities.

   (d)   Permit for Material on Street. No person, firm or corporation shall place or cause to be placed upon any street, alley, sidewalk or public grounds in the City any rubbish, stone, brick, lumber or other material. However, persons, firms or corporations engaged in the repair or construction of any building in the City may temporarily occupy certain portions of a street or sidewalk upon first obtaining written permission for that purpose from the Public Works Director. The Public Works Director is authorized and empowered to limit in the permit the amount of space in any street or sidewalk that may be used for such purpose, and any person, firm or corporation violating the terms of the permit shall by subject to the penalty provided in this chapter. The person, firm or corporation obtaining written permission for the temporary occupation of a street or sidewalk shall leave the street and/or sidewalk cleaned and in the same or better state of repair as existed prior to the temporary occupation. Failure to leave the street and/or sidewalk cleaned shall constitute a violation of subsection (b) hereof.

   (e)   As used in this section, the term “structure” means any object, whether permanent or temporary, including, but not limited to, non-public signs, that is constructed, erected or placed in a stationary location on the ground or is attached to or placed upon an object constructed, erected or placed in a stationary location on the ground. This definition does not include motor vehicles. However, non-motor vehicle objects attached to or placed upon motor vehicles which motor vehicles are themselves placed in a stationary location are included.
(Ord. 155-03. Passed 9-13-03.)