§ 96.05 OBSTRUCTING STREETS, SIDEWALKS, ALLEYS, PUBLIC PLACES.
   (A)   It shall be unlawful for any person or persons to encumber or obstruct any street, sidewalk, lane, alley or other public place within the city, by placing therein or thereon any building, structure, building material, automobiles, trucks, carts, wagons, sleighs, boxes, lumber, firewood, posts, awnings, merchandise, wood, dirt or any other material or substance or other impediment whatever, or by making any excavation or opening therein without first having obtained permission in writing from the City Council, or other proper authority so doing, and any permission so given shall specify the portion of the sidewalk or street, or other ground to be used and the period for which the same may be used, provided that the period of the use shall not exceed three months, and further, provided that in no case shall any person use more than one-half of the sidewalk or one-third of the street, excepting when it may be necessary in the erection of the building or making other improvements.
      (1)   Provided, further, that the license may be revoked at any time by the proper authority, and at the expiration of the permission, or on revocation of the permission, the person or persons having so obstructed the street, alley or other public ground, shall remove the material, substance or obstruction from the street immediately.
      (2)   Provided, further, that merchants or others having goods and occupying stores within the city may place their goods for show, when permitted so to do by the proper authorities of the city, using the sidewalks in such manner as not to interfere with public travel on the same nor to interfere with the proper use of other property along the same, and not extending beyond four feet from the front line of the lots or buildings so occupied by the person so using the sidewalk.
   (B)   It shall be the duty of every person encumbering or obstructing any street, sidewalk, alley or other public ground, or making, causing to be made, maintaining or permitting any opening or excavation therein to keep and maintain at night a proper and sufficient illumination or light, fixed substantially four feet above the level of the street or public ground in front of the opening, or obstruction, and at all points around the same where necessary, in such a manner as to afford timely warning to all persons approaching the same; the light or illumination shall be kept lighted and burning from darkness of each day until daylight of the next day; and the persons so causing, making, maintaining or permitting any such obstruction, excavation or opening in any street, sidewalk, alley or other public ground shall at all times keep a substantial railing or fence around the same, which shall be at least four feet high; provided, that no provision of this section shall be so constructed as to permit any obstruction or excavation in any street, alley or other public ground, except as herein or otherwise specially provided, nor so as to release any person from any legal obligation or duty, or from any damage that may be occasioned by any act or negligence of the person.
   (C)   It shall be unlawful for any person or persons to throw or deposit or cause or permit to be thrown or deposited, any dirt, paper or filth, the sweepings of any house, store, shop or office or any ashes, shavings, filthy water, offal, straw, wood, stone, earth, manure or rubbish or any kind on or into any portion of any street, sidewalk, alley or public ground of the city, or to take, move or carry away or cause the same to be done, any earth, sand stone, gravel or other material, from any street, alley, lane or public ground of the city, without permission from the Board of Public Works of the city or any other officer or person duly authorized to grant the same.
   (D)   It shall be unlawful for any person or persons to make any drain, ditch or bridge across or upon any street, lane alley or public ground in the city, or to move or cause to be moved on, through or along any street of the city, any house, building or structure, or to slide or course upon hand sleds or skates in any manner over, along or upon any sidewalk, street, lane or alley in the city; provided, however, that when duly authorized by the proper authority the persons may make drains, ditches or bridges or remove houses, buildings or structures in and upon the streets of the city, as herein provided.
   (E)   Any person now having any house, building or other structure, or any fence, in whole or in part, within any street, alley, lane or other public ground within the city, shall after notice to remove the same, cause to be removed the house, building or other structure or fence or a portion thereof as may be within the street, alley, lane or upon the public grounds of the city.
   (F)   It shall be unlawful for any person or persons receiving or delivering goods, wares or merchandise within the city to place or keep upon or suffer to be placed or kept upon any sidewalk within the city, any goods, wares or merchandise which he or she or they may be receiving or delivering, without leaving a proper passage way clear upon the sidewalk where the goods are so being received or delivered of at least four feet in width, for the use of foot passengers; and no person or persons so receiving or delivering goods shall suffer the same to be or remain on the sidewalk for a longer period than one hour in any event, or to obstruct any street or alley in the city, by placing or causing to be placed, left or kept, any motor vehicle on the street or alley for the purpose of loading or unloading the same or for any purpose or object whatsoever.
   (G)   It shall be unlawful for any person or persons to sell or attempt to sell or cry for sale at public auction in the city, any goods, chattels or personal property whatever, to any person or persons upon the sidewalks or streets within the city, so as to collect a crowd of people upon the sidewalks and streets, whereby the free passage thereof of any person or persons may be obstructed prevented or hindered. This section shall include licensed auctioneers of the city.
   (H)   It shall be unlawful for any person or persons to push, draw, back or drive any carriage, cart, sleigh, motor vehicle or other vehicle, or ride, drive or back any horse, mule, cow or other animal over, upon or across any sidewalk, pavement or curb, into any house, building, lot or other enclosure, unless the sidewalk, pavement or curb has a suitable plank, brick or stone crossing or means of access at the place at which the carriage, cart, sleigh, motor vehicle or other vehicle is pushed, drawn, backed or driven or the horse, mule, cow or other animal is ridden, driven or backed; provided, the crossing or means or access shall be furnished and kept in repair by the owner or occupant of the house, building lot or enclosure at all times to the satisfaction of the proper authorities of the city; provided, that permission to the sidewalks and to furnish the necessary means of crossing or access over the same shall first be obtained from the proper authorities of the city.
   (I)   It shall be the duty of the occupant of each and every tenement or building in the city, fronting upon any street, and the owner of any unoccupied lot fronting as aforesaid, to clean the sidewalks in front of the tenement, building or unoccupied lot, as the case may be, of snow or ice, by 10:00 a.m. of each day, and cause the same to be kept clear of the snow and ice.
   (J)   It shall be unlawful for any person or persons to fill up or dam or otherwise obstruct the free course of water in any of the gutters, ditches or sewers within the limits of the city.
   (K)   Any person violating any of the provisions of this section, or failing to do or perform the things required by them to be done and performed herein, upon conviction thereof, shall be punished by § 10.99.
(Ord. 76, passed 1-2-1945) Penalty, see § 10.99