Section
151.01 Excavations, street and curb cuts; permit and fee
151.02 Closing public ways or easements
151.03 Obstructing public ways prohibited
151.04 Interfering with free flow of traffic
151.05 Trees and shrubs
151.06 Display of merchandise for sale
151.07 Structures on or over streets and sidewalks
151.08 Playing prohibited
151.09 Water draining on streets
151.10 Signs or objects obstructing view; sight triangle
151.11 Responsibility of adjacent property owner
151.99 Penalty
No person shall excavate, cut or dig in any street, sidewalk, curb, alley or other right-of-way without first applying for and receiving a permit to do so from the town. Such permission shall be subject to supervision, inspection, fees and bond or insurance as may be established by the Town Board. The fee for the excavation, street or curb cut shall be as set by the Town Board by motion or resolution and paid to the Clerk-Treasurer.
(Prior Code, § 7-1-1) Penalty, see § 151.99
(A) Board authority to close. The Town Board shall have the power by ordinance to close to the public use of any public way or easement within the town whenever by resolution such closing shall be deemed necessary or expedient.
(B) Resolution declaring necessity. Any resolution declaring the necessity or expediency for the closing of any public way or easement shall contain the following:
(1) The date and place at which the ordinance closing the public way or easement will be considered by the Board; and
(2) The names and last known addresses of any parties who are holders of a franchise, or others determined by the Board to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement.
(C) Notice required.
(1) Persons having special right or privilege. Upon the passage of a resolution declaring the necessity or expediency for the closing of any public way or easement, the Town Clerk-Treasurer shall give written notice of the passage of such resolution to any parties who are the holders of a franchise or who have been determined by the Board of Trustees to have a special right or privilege granted by ordinance or legislative enactment to use such public way or easement. Such notice shall contain the date and place at which the ordinance closing the public way or easement shall be considered by the Board of Trustees and shall be sent to the persons so entitled to such notice by certified mail, with return receipt requested, at least 30 days prior to the date such ordinance shall be considered.
(2) Abutting property owners. Property owners of the property abutting the public way or easement sought to be closed by any ordinance passed pursuant to this section shall be entitled to the notice provided for in this section.
(D) Right to reopen. The town shall retain the absolute right to reopen the public way or easement without expense to the town.
(Prior Code, § 7-1-2)
It is unlawful for any person to obstruct in any manner any street, alley, sidewalk or other public way by leaving or permitting to remain thereon or therein any vehicle, object, material, structure, fence or other obstruction of any kind.
(Prior Code, § 7-1-3) Penalty, see § 151.99
(A) Prohibited acts. It is unlawful to:
(1) Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians; or
(2) Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto.
(B) Remedial action. When any person causes or commits any of the conditions enumerated in division (A) above, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disburse, or to remove any obstructions. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
(Prior Code, § 7-1-4) Penalty, see § 151.99
(A) Obstructing view of traffic.
(1) Removal. The owner of every lot or parcel of land in the town upon which any trees, shrubs or plants are growing, or upon which any obstruction has been placed, shall remove such trees, shrubs, plants or obstruction, or parts thereof, if they are so situated as to constitute a traffic hazard by obstructing the view of any driver of any vehicle on the streets of the town to the extent that the driver is unable to observe the approach of other vehicles on streets and alleys and at intersections.
(2) Trimming.
(a) The owner of any premises abutting on any street shall trim all trees and shrubbery growing in the parking, between the sidewalks and the roadway, of any such street, and all trees and shrubbery growing on any part of the premises adjacent to the sidewalks, or any street or alley, in such manner that the boughs or limbs thereof shall not obstruct free and convenient passage, sight and travel along the streets, sidewalks and alleys. If premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as hereinbefore required of the owner. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than ten feet above the roadway of a street or alley, nor lower than eight feet above the sidewalk.
(b) Any owner or occupant who fails, refuses or neglects to trim trees and shrubbery as provided in this section, after receiving ten days’ notice from the Town Clerk-Treasurer or his or her designee to do so, is guilty of an offense against the town. In addition to any fine or punishment as an offense, the town may act to abate the nuisance. Every day that the owner or occupant fails, refuses or neglects to trim such trees or shrubbery after the expiration of the ten days’ notice shall be a separate offense.
(B) Injuring trees or shrubbery. It is unlawful for any person to injure any tree or shrubbery on a street or alley in the town. This division (B) shall not prohibit the lawful and proper care and removal of such trees and shrubbery.
(Prior Code, § 7-1-5) Penalty, see § 151.99
(A) Display for sale. Except as otherwise provided in this code, it is unlawful for any person to display any goods, wares or merchandise for sale, or to sell the same, on any street, alley or sidewalk, or from any vehicle parked thereon, in the corporate limits of the town. Each separate sale or offer to sell in violation hereof shall constitute a separate offense.
(B) Parking vehicle for sale of merchandise. Any vehicle parked on the streets, alleys or sidewalks for the purpose of making merchandise available for sale by the methods prohibited by this section shall be promptly moved by the driver upon order of the police of the town, and if not promptly moved, the same shall be towed from such location upon order of the Police Department, and the driver or custodian of the vehicle shall also be deemed guilty of an offense.
(C) Agent or employee also guilty. In each instance where an individual is guilty of an offense under the provisions of this section, the person for whom such individual is acting in the capacity of an agent or employee shall be guilty of a separate offense.
(Prior Code, § 7-1-6) Penalty, see § 151.99
(A) Permit required for construction. It is unlawful for any person to erect or construct, or cause to be erected or constructed, any cellar or basement way, stairway, door, awning post, canopy or any other kind of structure projecting into, upon or over, and adjoining any street or sidewalk within the town, except that the Building Official may, in his or her discretion, authorize the same to be done, where the public health, safety and necessity demand, by granting a permit therefor.
(B) Construction and maintenance conditions. Upon the granting of a permit under this section, conditions as to the erection of the structure through, upon or over any street or sidewalk may be fixed by the Town Board of Trustees, and a contract shall be entered into as to the maintenance of the structure and an indemnifying agreement secured, indemnifying and saving the town harmless from any loss, costs or damage by reason of the structure projecting into, upon or over, and adjoining any street or sidewalk within the fire limits of the town.
(Prior Code, § 7-1-7) Penalty, see § 151.99
It is unlawful for any person to engage in any sport, game, amusement or to play in, on or across the main traveled portion of any sidewalk, street, avenue or alley of the town except as may be authorized by ordinance.
(Prior Code, § 7-1-8) Penalty, see § 151.99
It is unlawful for any person to wash or drain into any street, alley or other public place in the town any water from his or her house or premises, or to allow any filth or water to escape from his or her premises upon any of the places mentioned herein, or upon property contiguous thereto. No auto or other vehicle shall be washed at any place within the town where the water, dirt or other substances removed therefrom will drain into any street or sidewalk of the town.
(Prior Code, § 7-1-9) Penalty, see § 151.99
(A) Safety hazard for pedestrians or vehicles. It is unlawful for any person to place any object, vehicle or structure on or so near to any street right-of-way such that same constitutes a traffic or safety hazard for either pedestrians or vehicular traffic traveling on or onto the street.
(B) Sight triangle. It is unlawful and an offense for any person to erect, construct, locate, maintain or allow to remain on his or her property any sign, fence or structure within an area known as the SIGHT TRIANGLE, which is defined as that area formed by measuring from the point of intersection of two lot lines a distance of 25 feet along each lot line and connecting the points so established to create a triangle with sides abutting the street right-of-way. Any sign, fence or structure placed or located in the area is hereby determined to be a public nuisance, and the Town Board of Trustees is authorized to cause the structure, fence or sign to be removed.
(Prior Code, § 7-1-10) Penalty, see § 151.99
(A) Removal of weeds, trash and obstructions. It is unlawful for any person to allow any obstruction of any kind to accumulate in the sidewalk in front of his or her premises. All owners and occupants of property are required to keep their premises and the sidewalks, gutters, streets and alleys adjacent thereto free from weeds, trash and all obstructions and to remove such weeds, trash and obstructions from such places.
(B) Deposits prohibited. It is unlawful to deposit, throw or sweep into or upon a street, alley, parking or sidewalk of the town any trash, weeds, tree trimmings, dirt or any other refuse of any kind.
(C) Hazardous conditions prohibited. It is unlawful for the owner or occupant of property abutting upon a sidewalk or sidewalk area to permit the sidewalk or sidewalk area adjacent to the property to become a hazard to persons using the sidewalk or sidewalk area.
(Prior Code, § 7-1-11) Penalty, see § 151.99
Any person who violates any provision of this chapter is guilty of an offense and, upon conviction thereof, shall be punished as provided in § 10.99. Each day upon which a violation continues shall constitute a separate offense.
(Prior Code, § 7-1-12)