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(A) No person shall obstruct any public sidewalk by erecting or placing thereon any fence, structure, sign, or other obstruction, nor permit the same to remain thereon.
(B) No person shall encumber any street or public sidewalk space with goods, wares, merchandise, or other materials. This section shall not apply to the continued use of existing market stands on the effective date of this section, or to the temporary use of streets and public sidewalks for lawful construction projects, or to the use of sidewalks for shows or fairs authorized by the Directors of Safety and Service, or to the use of public sidewalks for the placement of waste collection containers on the evening prior to or on the day of waste collection.
(C) The owner of property immediately adjacent to a public sidewalk shall remove all debris, garbage, refuse, and obstructions therefrom within a reasonable period of time after written notification to such effect has been made by the Director of Service. The notice required hereunder shall be deemed complete upon delivery:
(1) To the owner personally.
(2) To the owner by mail addressed to him at his last known address.
(3) To any tenant, when the address of the owner is unknown.
(4) Upon the posting of notice upon any vacant premises when the address of the owner is unknown.
(Ord. 15-1974, passed 9-4-74) Penalty, see § 94.99
(A) Definitions. For the purposes of this section, the following definitions shall apply:
MAJOR MAINTENANCE. Major maintenance includes, without limitation, repairing or replacing deteriorated sidewalks, structural repairs to sidewalks, and the repair of cracks or material separations which present a danger of injury to persons or property traveling upon such sidewalk.
PRIVATE SIDEWALKS. Private sidewalks are located solely within and upon private property designed to circulate pedestrian traffic safely within the private development or to connect the private development to the public sidewalk.
PUBLIC SIDEWALKS. Public sidewalks are those paved walkways on both public or private property, located within or near the public right-of-way, constructed to provide for the circulation of pedestrian traffic along the streets and highways within the community. The sidewalks more often than not traverse more than one property and are typically inter-connected throughout the community.
ROUTINE MAINTENANCE. Routine maintenance includes, without limitation, clearing debris, dust, dirt, grass clippings and weeds, and snow and ice removal.
(B) (1) The city shall assume the responsibility for major maintenance of all public sidewalks within the city, and commencing with the passage of this section the city shall no longer assume the responsibility for routine maintenance of public sidewalks. The owner of the property upon which is constructed a private sidewalk shall be responsible for major and routine maintenance of such private sidewalk.
(2) This section is not intended to abrogate any statutory or common law immunity available to the city regarding the construction, repair or maintenance of public grounds or sidewalks, nor is this section intended to establish a statutory standard of care, nor modify any common law standard of care, for private property owners in a civil proceeding arising from injuries to persons or property occurring on such public sidewalks.
(3) There shall be no criminal penalty for a violation of this section. It is the city's intent by this section to delineate the responsibility for sidewalk maintenance and repair. This shall affect no other Code section or criminal liability outlined in this Code regarding the obstruction of, or debris upon, sidewalks or public ways.
(Ord. 10-2000, passed 10-4-00)
Whenever normal pedestrian traffic past a construction site is disrupted, a temporary sidewalk or walkway shall be constructed of asphalt (or an approved equal) at least 42 inches in width and at such an elevation so as to join the existing walkways at each end. Approval of material, location, elevation, and safety features shall be obtained from the Director of Service. The permanent sidewalk shall be completed at the earliest possible time. When a sidewalk is to be constructed, an occupancy permit for the habitation or operation of the development, or portions thereof, shall not be issued until the permanent sidewalk has been constructed and approved.
(Ord. 9-1984, passed 4-4-84)
(A) Access classification of roadways. Each roadway, or portion thereof, under the jurisdiction of the city shall be assigned an access classification based on a consideration of existing and projected traffic volumes, adopted local transportation plans and needs, the existing and/or projected character of lands adjoining the roadway, adopted local land use plans and zoning, and the availability of reasonable access to those lands. The access classifications are defined as follows:
(1) Access Class 1. Roadways capable of providing medium to high speeds and traffic volumes over medium to long distances. Direct access to abutting land is subordinate to providing service to through traffic.
(a) Private direct access to a Class 1 roadway shall be permitted only when the property in question has no other reasonable access to the public road network.
(b) The design and location of allowable private access points shall comply with all applicable sections of this regulation.
(c) All private direct access points to Class 1 roadways shall be designated as "Temporary" and all requirements of division (J) of this section shall apply.
(2) Access Class II. Roads capable of providing moderate travel speeds and traffic volumes and generally provide the linkage between Access Class I and Access Class III roadways. There is a reasonable balance between access and mobility needs within this classification.
(a) Generally, only one private access point shall be provided to an individual parcel unless it can be shown that additional access points would not be detrimental to the safety and operation of the roadway and are necessary for the approved use of the property.
(b) The design and location of allowable access points must comply with all applicable sections of this regulation.
(c) The following roadways are hereby designated as Access Class II roadways:
Table 1
Road Name From To
Montgomery Rd. (SR 22) Corporation Line Corporation Line
Cooper Rd. (SR 126) W. Corporation Line E. Corporation Line
Remington Rd (SR 126) Montgomery Road E. Corporation Line
Main Street Montgomery Road Montgomery Rd.
Pfeiffer Road W. Corporation Line Montgomery Rd.
Hopewell Road E. Corporation Line Montgomery Rd.
Kemper Road Corporation Line Corporation Line
Cornell Road Corporation Line Corporation Line
(3) Access Class III. Roadways and streets which allow for low to medium travel speeds and traffic volumes and are linked to the roadway network through intersections with Access Class II roadways and other Access Class III roadways. Access needs take priority over through traffic movement without compromising the public health, welfare, and safety.
(a) The number of access points to a parcel is limited only to the requirements of divisions (C) and (D) of this section.
(b) All public dedicated streets or portions thereof within the jurisdiction of the city not previously designated as Access Class I or Access Class II roadways are hereby designated as Access Class III roadways.
(B) Minimum spacing of driveways. In order to minimize the potential for accidents and delay to through vehicles, all adjacent driveways onto Class I and Class II public roadways shall be separated by a minimum distance measured from centerline to centerline as shown in Table 2 according to the posted speed limit on the roadway.
Table 2
Minimum Spacing of Adjacent Driveways
Minimum Spacing of Adjacent Driveways
Posted Speed Limit (mph) Minimum Spacing (feet)
20 85
25 105
30 125
35 150
40 185
45 230
50 275
Additionally, the spacing of adjacent driveways should be as uniform as possible between major intersections.
(C) Minimum corner clearance of driveways from intersecting streets. The location of driveways adjacent to intersecting streets shall conform to the minimum corner clearances provided in § 1 of Appendix A.
(D) Minimum sight distances. All driveways and intersecting roadways shall be designed and located so that the minimum distances as shown in § 2 of Appendix A, are provided.
(E) Provisions for maintaining the capacity of the roadway. All new development shall be designed so that all traffic requiring access to and from the development shall operate in such a manner that it will not adversely affect the capacity of the roadway. Provisions for the present or future construction of a frontage road, restriction or channelization of turning movements, or other improvements may be required, as a condition of approval, in order to maintain the capacity of any adjacent roadway.
(F) Number of access points. Each existing tract of land is entitled to one direct or indirect access point to the public roadway network provided that its location and design fulfill, as a minimum, the requirements of division (C) and division (D) of this section. Where the roadway frontage of a tract of land is greater than 500 feet, an additional access point may be allowed if determined by the city that the access point will not adversely affect the capacity of the roadway. Said additional access point shall be in compliance with all applicable provisions of this section.
(G) Coordination of access points. Major access points on opposite sides of the Class I and II roadways shall when possible be located opposite each other. If not so located, turning movement restrictions may be imposed. In addition, in order to maximize the efficient utilization of access points, access drives shall be designed, located, and constructed in a manner to provide and make possible the coordination of access with and between adjacent properties developed (present and future) for similar or compatible uses. As a condition of approval for construction, use, or reuse of any access point, unobstructed and unencumbered access, in accordance with the provisions of this section, may be required from any such access point to adjacent properties.
(H) Consolidation of existing access points. Whenever the use of a parcel of land changes, or two or more parcels of land are assembled under one purpose, plan, entity, or usage, the existing driveway permits shall become void and the new permit shall be based upon the owner/developer's plans to use some existing driveways and close or relocate other driveways. Any such new or reauthorized access point shall comply with all applicable provisions of this section.
(J) Temporary access points. Any access point that does not comply with one or more sections of this regulation may be designated as "Temporary". Any access point so designated may be terminated, reduced, limited to certain turning movements or caused to be relocated at such time as the particular use served by an access point changes and/or the property is otherwise provided an alternate means of access via a frontage road, an intersecting street or a shared common driveway. In all cases where said access points are classified as "temporary," such designation shall be duly noted on the site plan submitted for approval.
(K) Spacing restrictions for signalized access points. Access points shall be designed so that those which will warrant signalization shall be spaced a minimum distance of one quarter mile apart. The location and design of proposed signalized access points shall be determined by a traffic engineering study prepared by the developer and subject to the approval of the city which shall account for at least the following variables:
(1) Traffic signal phasing as determined by analysis of projected turning movements;
(2) Traffic signal cycle length as determined by analysis of projected traffic volumes;
(3) Relationship to adjacent signals (existing or proposed) for purposes of signal interconnection and coordination;
(4) Roadway geometrics and sight distance considerations; and
(5) Accident experience.
If the installation of a traffic signal is approved, the developer may be required to participate in all or part of the cost of design, purchase, and installation of the signal equipment.
(L) Provision for exclusive turning lanes and deceleration/acceleration lanes. At those access points where vehicles turning to and from the roadway will affect the capacity of the roadway, the developer shall dedicate sufficient right-of-way and construct turning lanes or deceleration/acceleration lanes as necessary to maintain the capacity of the roadway.
(M) Provision of frontage roads. The use of frontage roads to provide access to property adjacent to access Class I or Class II roadways may be required. The landowner/developer may be required to construct the frontage road to the side and/or rear property lines or reserve sufficient right-of-way to allow future construction. As adjacent property develops landowner/developers shall be required to interconnect the individual portions of frontage roads as appropriate. Access to the roadway via an intersecting street or a common driveway may be required if the use of a frontage road is not feasible.
(N) Waiver of requirements. The city may, at its discretion, reasonably waive or modify the requirements of this section, if it is determined that such action is warranted given the nature of the individual project. A decision of the city staff may be appealed to the Planning Commission by the property owner within 30 days of the date the decision is made. In such instances, the decision of the Planning Commission shall be final.
(Ord. 12-1988, passed 3-2-88)
(A) No person shall operate on any street, alley or other public place a vehicle with mud, dirt, sticky substances, litter or foreign matter on its wheels or other parts if such operation results in the depositing or tracking of such mud, dirt, substances, litter or foreign matter on any street, alley or other public place. No person being the owner of real property or a prime contractor in charge of a construction site shall maintain such property or construction site so that vehicles upon such property or construction site pick up mud, dirt, sticky substances, litter or foreign matter on the wheels or other parts and deposit or track such mud, dirt, sticky substances, litter or foreign matter onto any street, alley or other public place.
(B) Where mud, dirt, sticky substances, litter or foreign matter has been tracked or deposited on any street, alley or other public place in violation of this section, the City Manager, or his designee, is authorized to cause such mud, dirt, substances, litter or foreign matter to be cleaned from such street and to charge the cost thereof to person or persons responsible. The cost of cleaning may be collected by civil suit. The term
RESPONSIBLE PERSON as used in this section means the driver of the vehicle which deposited or tracked the mud, dirt, substances, litter or foreign matter on the street or his or her employer or the owner of the real property or prime contractor in charge of a construction site from where the deposited or tracked mud, dirt, substances, litter or foreign matter on the street, alley or other public place originated.
(Ord. 10-1991, passed 4-3-91; Am. Ord. 14-1996, passed 11-6-96; Am. Ord. 2-1998, passed 2-4-98)
(A) There is hereby levied an additional $5 license tax under the provisions of R.C. § 4504.171 to take effect at the earliest time allowed by state law. The revenue derived from said tax will be used for the purposes authorized pursuant to R.C. § 4504.171, including to supplement costs and expenses associated with the maintenance of public roads within the city.
(B) There is hereby created a separate fund to be maintained by the city known as the Montgomery Street Improvement Fund. All monies raised by the imposition of the $5 motor vehicle tax shall be paid into this fund which shall have as its purpose the expenditure of these monies pursuant to the provisions of R.C. § 4504.171.
(Ord. 4-1993, passed 1-20-93)
The Montgomery Road Corridor design standard developed by McBride Dale Clarion with the assistance of the Corridor Advisory Committee and recommended by the Planning Commission, a copy of which is attached to Ordinance 2-2006 and incorporated herein by reference, is adopted in its entirety.
(Ord. 2-2006, passed 2-1-06)
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