9-1-1: USE OF PUBLIC WAYS; OBSTRUCTIONS:
   A.   Obstructing Public Ways:
      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 city any goods, wares, articles of merchandise or any other obstruction, and leave same thereon or to use the same as a place to carry on a business or trade. (1990 Code § 14-103)
      2.   It is unlawful for any person, firm or corporation to use or obstruct the sidewalks of the city in any manner so as to interfere unduly with pedestrian traffic thereon, or to use or obstruct the streets and alleys of the city in any manner so as to interfere unduly with lawful traffic and parking thereon. (1990 Code § 14-104)
      3.   a. It is unlawful for any person, during the "hours of darkness", same being defined as the hours between sunset and sunrise, to ride or travel upon a horse or other animal upon the traveled portion of any highway, which is normally used by motor vehicles.
         b.   It is further deemed unlawful for any person to permit horses, cattle, goats, or any other species of livestock to remain upon, wander or graze upon any fenced highway or roadside area during the "hours of darkness" as defined herein, or to lead or drive livestock along or upon any highway, street or roadway which is normally used by motor vehicles.
         c.   Any person, firm, entity, or corporation violating any portion of this subsection A3 shall be deemed guilty of an offense, and upon conviction thereof, shall be liable for a fine of one hundred dollars ($100.00), plus applicable costs of the court. (Ord. 2006-219, 10-16-2006, eff. 11-16-2006)
   B.   Obstructing Drainage 1 : 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 substance 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 gutter. (1990 Code § 14-111)
   C.   Nuisance Conditions:
      1.   Nuisance Declared; Summary Abatement: 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 city, and the constructing or maintaining of any such thing or structure on any right of way of, 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 subsection. (1990 Code § 14-113)
      2.   Notice To Abate; Abatement By City: 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 of, or upon any street of the city, 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, by motion or resolution of the city council, 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 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. (1990 Code § 14-114; amd. 2006 Code)
      3.   Not Applicable To Culverts And Driveways: Subsections C1 and C2 of this section are not intended to prevent the construction or maintenance of any culvert or driveway as a means of ingress and egress to private property. The city shall have power 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. (1990 Code § 14-115)

 

Notes

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1. See also section 5-2-11 of this code.