TITLE 8
PUBLIC WAYS AND PROPERTY
PUBLIC WAYS AND PROPERTY
CHAPTER 1
STREETS, SIDEWALKS AND PUBLIC WAYS
STREETS, SIDEWALKS AND PUBLIC WAYS
SECTION:
8-1-1: Grades, Widths And Minimum Standards Of Streets
8-1-2: Assessments For Improvements
8-1-3: Use Of Public Ways
8-1-4: Damage To Public Ways
8-1-5: Obstructions
8-1-6: Prohibited And Restricted Acts And Conditions
8-1-7: Sidewalk Snow And Ice Removal
8-1-7-1: Duty To Remove In General
8-1-7-2: Special Removal Areas Designated
8-1-7-3: Removal By City Upon Violation
8-1-7-4: Costs For Removal
8-1-8: Sidewalk Maintenance
8-1-9: Violations And Penalties
A. Grades: All previous ordinances of the City establishing grades of streets, avenues and alleys in various parts of the City are retained and continued, subject only to such extensions, supplements and interpretations as appear from the records of the Director of Public Works, which records and maps are incorporated herein by reference and adopted as a part of the official record of the grades of streets, avenues and alleys of the City.
B. Widths:
1. Reconstruction: At such time as any street within the jurisdictional limits of the City is reconstructed, it shall be reconstructed with a minimum width of thirty six feet (36') or the width previously existing, whichever is greater; except, that local residential side streets may be reconstructed to the minimum width of their previously existing dimensions.
2. New Construction: Streets newly constructed shall be built at a minimum width of forty feet (40').
A "local residential side street" is defined as a street to which the majority of the platted lots fronting thereon abut as side yards and not as front yards and which street is not classified as a collector street, principal arterial street or minor arterial street, as referenced in the street master plan adopted by the City.
C. Minimum Standard Cross Section Of Streets:
1. Residential Street Section: The minimum cross sectional area of a residential street in Mitchell shall be not less than eight inches (8") of base course plus three inches (3") of asphalt concrete.
2. Commercial Street Section: The minimum cross sectional area of a commercial street in Mitchell shall be not less than twelve inches (12") of base course plus four inches (4") of asphalt.
The above minimum standards may be increased by the Director of Public Works for a particular street if determined to be necessary by testing or design experience. Fabric separation of subbase material and base course may also be ordered by the Director of Public Works based upon conditions in the field or by testing or design experience. (Ord. 2421, 1-7-2013)
A. Street And Alley Improvements: Whenever the City Council shall cause to be opened, widened, extended, graded, graveled, surfaced with oil or other bituminous material, paved, repaved, street lighting equipment to be erected in, curbed, guttered, drained or otherwise improved, any street, alley or public way, it may provide for the cost thereof to be paid by special assessment against the abutting property, according to law 1 . All such special assessments shall be imposed in strict conformance with the applicable laws of the State. (1984 Code § 34-52)
B. Sidewalk Improvement: Whenever the City Council shall cause to be constructed, reconstructed or repaired any sidewalk, it may provide for the cost thereof to be paid by special assessment against the abutting property, according to law. All such special assessments shall be imposed in strict conformance with the applicable laws of the State. (1984 Code § 34-53)
Notes
| 1 | 1. SDCL § 9-45-39. |
A. Building Materials: No person shall place or keep any building equipment or material on any street, alley or public ground without securing a permit therefor and complying with the provisions of this subsection.
1. The director of public works, with approval of the chief of police or designated representative, may grant a written permit, for a time therein limited and not exceeding three (3) months, to any person to keep building equipment and materials on any street, alley or public place adjacent to any lot whereon such building material is about to be used. For good cause, such permit may be extended.
2. Such permit shall not authorize the obstruction of more than two-thirds (2/3) of the widths of the sidewalk or more than one- third (1/3) of the roadway adjacent to such lot nor shall such materials be so kept as to obstruct the free flow of water in gutters of such street. (1984 Code § 34-4)
3. The person to whom a permit is issued shall keep posted at such place adequate warning lights, designed to the standards of the "Manual On Uniform Traffic Control Devices" for the protection of the traveling public, and shall, before the expiration of the time limit in such permit or extension thereof, remove all such material and rubbish from such sidewalk, street, alley or public place. (1984 Code § 34-4; amd. 2005 Code)
B. Merchandise On Sidewalk: No person shall place any goods or merchandise for sale or exhibition upon any sidewalk; except, that for the purpose of loading or unloading, such articles may be placed upon the outer side of sidewalk for such time as may be necessary to load or unload the same, but in no instance shall any such articles be left upon the sidewalk in the nighttime or in such way as to obstruct the sidewalk. The city council may authorize exceptions to this subsection; provided, that any such exception and the reasons therefor are entered into the minutes of the city council. (1984 Code § 34-23)
C. Newsracks On Public Ways And Property:
1. No newsrack or newspaper vending box or stand shall be placed or allowed to remain upon the Corn Palace or Corn Palace parking lot premises, city hall or city hall parking lot premises or the sidewalks adjacent thereto (block 6, Rowley's first addition to the city of Mitchell, Davison County, South Dakota).
2. No person shall suffer or allow any newsrack, newspaper rack or stand to be placed upon any sidewalk or public way in the city in a manner or location which unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic or creates a hazard to the persons or property within the city or causes or creates a nuisance.
3. No newsrack may be fastened to or secured upon any public way or public property and may not be claimed or fastened to any public light pole, street sign or other publicly owned fixture or structure. (Ord. 1535, 7-21-1986)
4. The penalty for violation of any of the provisions of this subsection and for each of said violations shall be as provided in the general penalty in section 1-4-1 of this code. Each day a violation of this subsection exists shall be deemed to be a new and separate violation. (Ord. 1535, 7-21-1986; amd. 2005 Code)
E. Service Stations And Pumps On Public Ways: No person shall locate, construct or maintain any gasoline or oil filling station or pump, in whole or in part, upon any street, parking or sidewalk or under any public right of way. (1984 Code § 34-13; amd. 2005 Code)
Notes
| 1 | 1. See subsection 9-4-5K4 of this code. |
A. Moving Things Over Public Ways:
1. No person shall drag over any of the streets or alleys of the city any branches of trees, chain or other material which shall come in contact with and drag upon such roadway. This subsection A1 shall not apply to machines used in maintaining the streets and alleys, under the supervision of the director of public works. (1984 Code § 34-7)
2. No person shall move any article over any street or alley within the city unless such article is entirely supported on wheels, except when such operation is specifically authorized by the Director of Public Works. (1984 Code § 34-24)
B. Vehicles With Lugs: No person shall haul, drive or convey across or upon any of the paved or bituminous surfaced streets, alleys or crosswalks of the City any engine, tractor, machine or vehicle having lugs, cogs or spikes on the wheels or tracks thereof without first having planked such pavement in a manner sufficient to prevent damage to such pavement. (1984 Code § 34-6)
C. Fires On Pavements: No person shall burn or permit to be burned any material of any kind upon any paved or bituminous surfaced street, alley or public place 1 . (1984 Code § 34-11)
D. Use Of Saltwater Mixtures: No person shall deposit or cause to be deposited, directly or indirectly any salt or saltwater brine upon any sidewalk, street or alley, except for the placing of salt upon sidewalks and pavements when it is necessary to protect pedestrians from slipping on the ice. (1984 Code § 34-2)
Notes
| 1 | 1. See section 5-4-4 of this Code. |
A. Vehicle Obstructions: No person shall place, leave or keep on any street, road, alley, sidewalk or other public ground any vehicle, except when the same shall be in actual use or parked as provided by this Code 1 or other Traffic Ordinances or any other article, substance or material which may obstruct the free use of such street, road, alley, sidewalk or public ground. (1984 Code § 34-1)
B. Train Obstructions: No railroad company, engineer, conductor or other employee of such company shall cause or allow any locomotive engine, car or train to stop or remain on any street or railroad crossing for a longer period than five (5) minutes at any one time; provided, that in case of accident at any such place, a reasonable time shall be allowed to remove any obstruction caused thereby. (1984 Code § 34-10)
D. Crowds Obstructing Public Ways: It shall be unlawful for persons to gather in crowds or groups or for any person to stand on any public street or sidewalk in such a manner as to obstruct free passage thereon or to annoy other persons passing along the same, and any police officer is authorized to disperse any crowd or group or to cause the removal of any person violating the provisions of this subsection and to summarily arrest any person in case of refusal to obey any reasonable direction or preventing annoyance to any passerby on any public street or sidewalk. (1984 Code § 34-20)
Notes
| 1 | 2. See title 7, chapter 4 of this Code. |
| 2 | 1. See subsection 9-4-5I of this Code. |
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