A. Obstructions Prohibited:
1. Generally:
a. It is unlawful for any person, firm or corporation to use or 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 so as to interfere with lawful traffic and parking thereon or interfere with pedestrian traffic. (2014 Code § 14-101; amd. 2018 Code)
b. When any person causes or commits any of the conditions enumerated in subsection A1a of this section, 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 subsection A1. (2014 Code § 14-102; amd. 2018 Code)
2. Trees And Shrubs:
a. The owner or occupant 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.
b. 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. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than ten feet (10') above the roadway of a street or alley, nor lower than eight feet (8') above the sidewalk. (2014 Code § 14-103; amd. 2018 Code)
3. Encroachments On Rights-Of-Way And Easements:
a. It is unlawful for any person, firm, or corporation to obstruct or otherwise prevent access to any street, alley, or other Town owned property from time to time in the public interest.
b. The Town may permit certain streets, alleys and Town properties which are dedicated, but not required for traffic or other public access or use, to be fenced or otherwise made inaccessible to the public, as in the case of land being farmed or grazed as a part of a larger field or pasture. The Town or any of its officers or employees shall have the right of ingress, egress, and easement for the purpose of installing or maintaining utilities, cleaning, grading, moving, or any other activity which is in the public interest.
4. Obstacles In Street Rights-Of-Way:
a. It is 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 Town, and the constructing or maintaining of any such thing or structure on any right-of-way of or upon any street shall constitute a public nuisance, which may be summarily abated by the Town or its officers, agents, and employees in the manner provided in this subsection.
b. If the owner or person in possession of any of the items mentioned in subsection A4a of this section 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 or certified mail or personal service, the Town, its officers, agents, 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. Neither the Town nor its officers, agents, or employees shall be liable for any damage caused or sustained by reason of the abatement and removal of such nuisance.
c. This subsection A4 is not intended to prevent the construction or maintenance of any culvert or driveway as a means of ingress or egress to private property. The Town shall have the authority to regulate the construction and maintenance of such culverts or driveways with due regard to the safety of the traveling public and also drainage and maintenance of the streets. (2018 Code)
B. Duties Of Owners And Occupants Regarding Sidewalks Adjacent To Properties:
1. It is unlawful for any person, firm or corporation to allow any obstruction of any kind to accumulate in the sidewalk in front of his 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.
2. It is unlawful for any person, firm or corporation to deposit, throw or allow to seep into or upon a street, alley, parking or sidewalk of the Town any paper, rubbish, grass, crates, boxes, trash, weeds, tree trimmings, dirt or any other refuse of any kind. (2014 Code § 14-108; amd. 2018 Code)
3. 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. (2014 Code § 14-108)
C. Businesses Generally:
1. It is unlawful for any person, firm or corporation to place upon or permit to be placed upon the sidewalks, parkways, streets, and alleys of the Town any goods, wares, articles or merchandise, or any other obstruction and leave the same thereon or to use the same as a place to carry on a business or trade.
2. 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, or any tools, stands, 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, parkway, curbing, or parking within the Town.
3. It is unlawful for any owner or operator of a motor vehicle service station or other place of business, or any agent or employee thereof, to cause or allow water, grease, other fluid, or polluting substance to flow or drain into, upon, over, or across any sidewalk, parking, street, alley or other public way.
D. Drainage: It is unlawful for any person, firm, or corporation to obstruct any street, sidewalk, or alley by placing any approach driveway or other obstruction or substances whatever that will obstruct or prevent the natural flow of water into the storm sewers or drains or dam the same so as to back any water upon the streets, alleys, sidewalks, or gutters. (2018 Code)