Loading...
(A) Property owners in the town are responsible to maintain all existing or pre-existing sidewalks located within the town limits on each property owner’s lot or lots, and that the property owners will be responsible to maintain and keep in good repair all sidewalks now situated on their property or previously situated on their property, at the property owner’s expense.
(B) If a property owner fails to maintain in good repair the sidewalks located on the property owner’s lot or lots, the Superintendent of the town shall have the authority to inspect and order appropriate sidewalk maintenance be completed by the property owner within 30 days, at the property owner’s expense.
(C) Any sidewalk removed, buried or damaged by a property owner or on behalf of a property owner shall be replaced according to the Town Superintendent’s requirements within 30 days from the date of removal or damage, at the property owner’s expense.
(D) If the Town Superintendent determines that a sidewalk should be constructed upon a property where no sidewalk is located, the Town Superintendent may order a property owner to construct a sidewalk according to the Superintendent’s requirements, at the property owner’s expense.
(E) If a property owner fails to follow the Town Superintendent’s order issued under divisions (B) or (D) above or fails to meet the requirements set forth in division (C) above, then the Superintendent shall report the property owner’s failure to the Town Council. The Town Council shall have the authority to order the work completed at the property owner’s expense as set forth in I.C. 36-9-36-17.
(F) As used in this section, the term MAINTAIN shall mean to ensure the existence of a concrete surface or surfaces which are flat, with a grade of less than five degrees of slope, multiple sidewalk sections must be a constant height not to vary more than one inch in height from section to section; and the sidewalk section or sections must be without cracks which hinder or impede the use of the sidewalk. Sidewalks must be a minimum of 48 inches in width and four inches in depth.
(Ord. 2007-05, passed 10-2-2007) Penalty, see § 94.99
(A) It shall be unlawful for any person to obstruct, in any manner, the free flow of motor vehicular traffic over or upon any alley within the town.
(B) It shall be unlawful for any person to park or leave standing any vehicle on any alley located in the business district of the town.
(1998 Code, § 13-2) Penalty, see § 94.99
Cross-reference:
Alleys, see § 70.04
(A) It shall be unlawful for any person to dig into, tear up, damage or otherwise destroy for any purpose any street or alley within the town without first obtaining a special permit to do so, which permit shall be approved by the Street Department Superintendent and the Town Council.
(B) Any person desiring to dig into, tear up, damage or otherwise destroy any street, curb, or alley shall make written application to the Town Council for a permit to do so, stating in the application the place at which and the purpose for which he or she desires to dig into, tear up, damage or otherwise destroy any street, curb, or alley; and shall pay the stated permit inspection fee of $50.
(C) Per the White County Zoning Ordinance Parking and Loading Standards § 8.6.2.(C), any new/planned driveway, within any municipality, which is to cross a sidewalk or curb within any street or road right-of-way, the property owner or developer is required to obtain written permission for such development from the appropriate legislative body, or its delegated authority, prior to initiating the driveway improvement. All such improvements shall meet the following requirements:
(1) The driveway design must provide for the lowering of the street curb to be level with the street surface;
(2) The driveway surface must be structured to be level with the existing sidewalk;
(3) An asphalt or concrete surface must be provided for any portion of the driveway within the road right-of-way; and
(4) The driveway concrete or asphalt thickness must be a minimum of three and one-half inches at all points of the driveway.
(D) Upon the application being granted, the applicant shall file his or her written undertaking with the Clerk-Treasurer of the town, with approved surety thereon, on the condition: that he or she will perform the work promptly, skillfully and carefully; that he or she will restore the street, curb or alley to as good condition as it was before the work was performed; and that he or she will pay all damages that may result or be sustained by the town, directly or indirectly, by reason of any fault or neglect on his or her part.
(E) When the application has been filed and approved, there shall be issued to the applicant a permit signed by the Street Department Superintendent, the President of the Town Council, and the Clerk-Treasurer, which permit shall specify the time the person may use the street or alley for the purpose stated in the application.
(F) All off-street driveways and parking areas shall have a curb cut access built to town specifications as set forth by the Street Department Superintendent from time to time.
(G) In case anyone to whom a permit is issued, as provided for in this section, shall fail to discharge all of the conditions of the undertaking within ten days from the date fixed for the completion of the work authorized by the permit, the undertaking shall be, by the Town Council, declared forfeited and suit may be brought thereon in any court of competent jurisdiction.
(1998 Code, § 13-1) (Ord. 2016-16, passed 11-15-2016) Penalty, see § 94.99
(A) Snow removal conditions.
(1) When, in the opinion of the Town Street Department Superintendent, or his or her appointed agent, the actual or expected precipitation of snow will create hazardous or dangerous roadway conditions for vehicular or pedestrian traffic, the Town Street Department Superintendent, or his or her appointed agent, shall have the authority to declare a snow removal condition.
(2) A snow removal condition shall be declared by the Town Street Department Superintendent, or by his or her appointed agent, by issuing a media release to the local radio and cable television stations and by posting notice in the Town Hall.
(3) The snow removal condition shall continue in force and effect until the Town Street Department Superintendent, or his or her appointed agent, declares it to be over by issuing a media release to the local radio and cable television stations or all streets have had the snow and ice removed from curb line to curb line.
(B) Parking restrictions during snow removal periods.
(1) When a snow removal condition has been declared, the following traffic regulations will be in effect for all streets located within the town.
(a) All regular parking restrictions will remain in force, such as two-hour parking limits and all no-parking areas.
(b) On all streets designated and marked as snow routes, no parking will be allowed on the side of the street marked with the snow route signs.
(c) No parking will be allowed on Market Street between 3rd Street and 5th Street and no parking will be allowed on 4th Street between Railroad Street and Arch Street.
(d) These restrictions will remain in force until the snow removal condition has been declared over or the snow has been removed from curb to curb for the entire length of the street.
(2) Any vehicle parked, stalled, incapable of moving under its own power or left unattended on any street in violation of division (B)(1) above shall be ticketed, towed or impounded.
(C) Enforcement.
(1) The Town Street Department, the Town Marshal’s office and the County Sheriff’s Department are hereby authorized to remove or have removed a vehicle from a street to the nearest garage or other place (including another place on a street) or to a garage designated or maintained pursuant to a contract with the town when:
(a) The vehicle is parked or stalled on a street that is declared a snow route and is in violation of division (B) above;
(b) A snow removal condition has been declared; and/or
(c) The vehicle is interfering or about to interfere with snow removal operations.
(2) In the event that it is deemed by any law enforcement officer that a vehicle shall be towed for the purpose of storage, he or she shall order the vehicle towed immediately in accordance with the provisions of this section. The Town Marshal or the Town Street Department shall have the authority to enter into a service contract with a wrecker services for the purpose of towing vehicles during the period of snow removal condition operations. Vehicles shall be towed to any approved storage lot owned by a wrecker service or vehicle dealership. In the event that there is no space available on a lot, the vehicle shall be stored at a site designated by the law enforcement officer.
(3) Whenever a vehicle has been removed from a street as authorized in this section and the appropriate agency is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the agency shall, as soon as possible, give or cause to be given notice in writing to the owner of the fact of the removal and the reasons therefor and of the manner in which the vehicle may be reclaimed. In this event, any notice shall be given to the proprietor of the storage lot or garage.
(4) Whenever an officer removes or has removed a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any reason is unable to give notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three days, then and, in that event, the officer shall immediately send or cause to be sent a written report of the removal by mail to the Bureau of Motor Vehicles and shall file a copy of the notice with the proprietor of any storage lot or garage in which the vehicle may be stored.
(5) (a) No person shall recover any vehicle removed in accordance with this section, except as provided herein. Before the owner or person in charge of the vehicle shall be allowed to recover it from the place where it has been placed or impounded, he or she shall present to a member of the appropriate law enforcement agency evidence of his or her identity and right to possession of the vehicle and shall:
1. Sign a receipt for its return;
2. Pay the cost of removal;
3. Pay any cost of storage accrued for each additional day or portion thereof thereafter; and
4. Obtain a receipt from the Town Clerk for the payment of the fine listed in § 94.99.
(b) Until paid, these charges constitute a lien on the vehicle which may be enforced in the same manner as a garage keeper’s lien in accordance with the provisions of the applicable state statutes.
(6) It shall be the duty of the appropriate law enforcement agency to keep a record of each vehicle removed in accordance with this section. The record shall include:
(a) A description of the vehicle;
(b) Its license number;
(c) The date and time of its removal;
(d) Location from where it was removed;
(e) Its present location;
(f) The name and address of its owner and last operator, if known;
(g) Its final disposition; and
(h) The parking violation involved.
(D) Owner/occupant to remove snow. The owner or occupant of any lot or parcel of land lying within the town shall keep the sidewalks of the lot or parcel of land clean at all seasons of the year. In addition, after any fall of snow measuring two or more inches deep the owner/occupant shall remove the snow or cause it to be removed from the sidewalk within 48 hours after the snow has fallen.
(Ord. 2007-07, passed 10-2-2007) Penalty, see § 94.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Any person violating the terms of § 94.02 commits a class C infraction as defined by state law, I.C. 34-28-5-4, as amended.
(1998 Code, § 13-2)
(C) Any person violating the terms of § 94.03 commits a class C infraction as defined by state law, I.C. 34-28-5-4, as amended.
(1998 Code, § 13-1)
(D) (1) Any person who violates § 94.04 shall be fined not less than $25 for each offense or more than $50 for any single offense. Each day that the violation remains shall constitute a separate offense.
(2) Civil penalties for violation(s) of § 94.04 shall be payable through the Town Clerk-Treasurer’s office located in the town within 30 days from the date of violation.
(Ord. 2007-07, passed 10-2-2007)