TITLE 7
PUBLIC UTILITIES

CHAPTER 1
STREETS, SIDEWALKS AND PUBLIC WAYS

SECTION:

7-1-1: Trees And Shrubbery

7-1-2: Structures Obstructing Streets Or Rights Of Way

7-1-3: Business Use Of Streets

7-1-4: Obstructing Pedestrian And Vehicular Traffic

7-1-5: Depositing Trash Upon Streets Or Sidewalks

7-1-6: Playing On Sidewalks And In Streets

7-1-7: Unlawful Drainage Onto Sidewalks Or Streets

7-1-8: Obstructing Drainage From Streets And Sidewalks

7-1-9: Impeding Water Flow In Drainage Ditches

7-1-10: Congregations And Littering

7-1-11: Political Advertising

7-1-12: Signs Over Or Across Streets

7-1-13: Penalty

7-1-1: TREES AND SHRUBBERY:

   A.   Trimming Required:

      1.   The owner of any premises abutting on any street of the city shall trim all trees and shrubbery, growing in the parking, between the sidewalk 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 and travel along the streets, sidewalks and alleys.

      2.   When such premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the manner as hereinbefore required of the owner.

      3.   Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than the ten feet (10') above the roadway of a street or alley, nor lower than eight feet (8')above the sidewalk. (1985 Code ch. 19 § 1-1)

   B.   Violation: Any owner or occupant who fails, refuses, or neglects to trim trees and shrubbery as provided in subsection A of this section, after receiving ten (10) days' notice from the mayor or street department superintendent to do so, is guilty of an offense against the city. Every day that the owner or occupant fails, refuses, or neglects to trim such trees or shrubbery, after the expiration of the ten (10) days' notice, shall be a separate offense. (1985 Code ch. 19 § 1-2; amd. 2016 Code)

   C.   Injuring Unlawful: It is unlawful for any person to injure any tree or shrubbery on a street or alley in the city; provided, that this shall not prohibit the lawful and proper care and removal of such trees and shrubbery. (1985 Code ch. 19 § 1-3)

7-1-2: STRUCTURES OBSTRUCTING STREETS OR RIGHTS OF WAY:

   A.   Nuisance Declared: It shall be unlawful for any person to construct, maintain or operate any building, sign, fence, post, gasoline pump, driveway canopy, tree, shrub or other thing or structure, on any right of way of, or upon any street in, the city; and the constructing or maintaining of any such thing or structure on any right of way, or upon any such street, shall constitute a public nuisance, which may be summarily abated by the city or its officers, agents, servants, and employees in the manner provided in this chapter. (1985 Code ch. 13 § 7-1)

   B.   Abatement By City:

      1.   If the owner or person in possession of any building, sign, fence, post, gasoline pump, driveway canopy, tree, shrub, or other thing or structure, on any right of way, or upon any street, fails to remove such structure or thing for a period of ten (10) days after written demand for the removal thereof has been made upon him by registered mail or personal service, the city, its officers, agents, servants and employees are hereby authorized and empowered to physically tear down and remove such thing or structure, and for such purposes may enter upon private property to the extent necessary to accomplish such removal.

      2.   Neither the city, nor its officers, agents, servants or employees shall be liable for any damage caused or sustained by reason of the abatement and removal of such nuisance. (1985 Code ch. 13 § 7-2)

7-1-3: BUSINESS USE OF STREETS:

It is unlawful for any person, firm or corporation to construct, erect, place, operate, maintain, or permit to exist any icebox, ice dock, gasoline pump, gasoline storage reservoir, tire rack, tire tools or equipment, water hose connection, any mercantile business, or any tools, stand, equipment, merchandise, or appurtenances thereof, aerials, poles, or wires therefor, whether permanent or temporary, or any other obstruction, upon any part of any street, alley, boulevard, parkway, curbing, or parking within the city. (1985 Code ch. 19 § 1-4)