8-1-5: OBSTRUCTIONS:

   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)

   C.   Sight Triangle At Intersections 2 : (Rep. by Ord. 2422, 1-21-2013)

   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.

8-1-6: PROHIBITED AND RESTRICTED ACTS AND CONDITIONS:

   A.   Depositing Rubbish Or Injurious Material On Public Ways: No person shall place, throw or deposit or cause to be thrown, placed or deposited on any street, alley or public place any of the following:

      1.   Any stone, brick, gravel, crushed rock, asphalt, tar, oil or grease or any other substance injurious to pavement.

      2.   Any ashes, rubbish, manure, carcass of any dead animal or any other filthy or offensive matter or thing. This subsection shall not apply to building material placed on streets or provided by this Code or other ordinance. (1984 Code § 34-3)

   B.   Leaving Rubbish Or Sweepings Within Business District: No person, except City employees actually engaged in cleaning streets or alleys, shall deposit or leave in any street or alley within the Business District of the City any sweepings or rubbish. (1984 Code § 34-22)

   C.   Tampering With Public Ways And Property: No person shall injure or remove any pavement, sidewalk, crosswalk, drain or sewer or dig any hole, ditch or drains in any street, alley or public ground or remove any of the gravel, sand or soil therefrom, except when authorized by the Director of Public Works. (1984 Code § 34-5)

   D.   Vehicles On Parkings Or Sidewalks: See subsection 7-3-8B of this Code. (Ord. O2019-03, 4-15-2019, eff. 7-1-2019)

8-1-7: SIDEWALK SNOW AND ICE REMOVAL:

8-1-7-1: DUTY TO REMOVE IN GENERAL:

The occupant or owner of any premises in the City shall remove all snow and ice from the entire width of all adjacent public sidewalks within forty eight (48) hours after the fall of snow or the formation of ice on such sidewalk. Adjacent sidewalk shall include all sidewalk located in public right-of-way and between the property line and the nearest roadway. Adjacent sidewalk shall also include all sidewalk located on private property but within a sidewalk easement. No occupant or owner may be relieved of this duty except by application of section 8-1-7-2 of this section 8-1-7. (Ord. O2018-08, 9-17-2018)

8-1-7-2: SPECIAL REMOVAL AREAS DESIGNATED:

For the purposes of maintaining aesthetics, lengthening the useful life of sidewalks, and establishing certain priority routes for pedestrian travel, the City Council may designate special removal areas by resolution. In such special removal areas, the general duty under section 8-1-7-1 of this section 8-1-7 shall not apply and the City of Mitchell shall be responsible for sidewalk snow and ice removal. (Ord. O2018-08, 9-17-2018)

8-1-7-3: REMOVAL BY CITY UPON VIOLATION:

If the owner or occupant of any premises shall fail, neglect, or refuse to comply with section 8-1-7-1 of this section 8-1-7, it shall be the duty of the Director of Public Works to remove or cause the removal of such snow or ice. Such owner or occupant shall be responsible for all costs of removal in addition to any fines that may apply. The City may contract with private persons to accomplish the removal of snow or ice as is required by this section. (Ord. O2018-08, 9-17-2018)

8-1-7-4: COSTS FOR REMOVAL:

   A.   Account Of Cost: The Director of Public Works shall cause to be kept an account of the costs for snow and ice removal under section 8-1-7-3 of this section 8-1-7 as to each lot or parcel of land so cleared. Such accounting shall be certified to the Finance Officer following every snow season.

   B.   Estimate And Notice Of Assessment: The Finance Officer shall prepare an estimate of the assessment against each lot for snow and ice removal to include the expense of levying such special assessment against each lot. The Finance Officer shall cause to be published in the official newspaper the assessment roll, together with a notice of the time and place when the City Council will meet for the purpose of considering such assessment roll. Such notice shall be published once a week for two (2) successive weeks prior to the date of the hearing.

   C.   Approval By City Council; Filing Of Assessment: Upon the day so named, the City Council shall meet, and if it finds the estimate correct, it shall approve the same by resolution, or if not correct, it shall correct or modify the same and approve the same as modified or corrected and file such assessment roll with the Finance Officer.

   D.   Lien Against Property: From the date of the approval and filing of such assessment roll with the Finance Officer, the same shall be and become a special lien against the various pieces of property described in the assessment roll and shall be collected in like manner as special assessments for public improvements are now collected. (Ord. O2018-08, 9-17-2018)