Skip to code content (skip section selection)
Compare to:
Loading...
§ 91.04 FENCES: BARBED WIRE AND ELECTRIC.
   (A)   No person shall construct or cause to be constructed a partition fence from barbed wire unless written consent of the adjoining owner is first obtained. Such consent is not necessary to the use of one or two barbed wires, provided that neither is less than 48 inches from the ground, and is placed on the top of a fence other than a barbed wire fence.
   (B)   No person shall construct, erect, maintain or use for any purpose any fence charged with electrical current within the corporate limits of the city.
   (C)   Whosoever violates this section shall be deemed guilty of a misdemeanor and shall be fined not exceeding $50, and the costs of prosecution. Each day this section is violated shall constitute a separate offense.
(Prior Code, § 9.14.04) Penalty, see § 91.99
§ 91.05 STREETS AND SIDEWALKS: REPAIR, OBSTRUCTION.
   (A)   It shall be unlawful for the owner of any lot or land abutting upon any street to refuse, fail or neglect to repair or keep in repair and free from nuisance and obstruction, the sidewalk in front of such lot or land after due notice of a resolution of City Council ordering the repair of such sidewalk.
   (B)   It shall be unlawful for any person as owner, tenant, agent or employee to construct any new sidewalk, curb, gutter, catch basin or driveway apron or remove, repair or reconstruct any existing sidewalk, curb, gutter, catch basin or driveway apron without having first obtained a permit issued by the City Manager for such construction, removal, repair or reconstruction. Construction shall be in accordance with the State Department of Transportation 2019 Construction and Material Specifications, Item 608, Walks, Curb Ramps and Steps or latest edition thereof or to the satisfaction of the City Manager and conforming to construction standards and specifications promulgated by the City Manager for site specific situations.
   (C)   It shall be unlawful for the owner, lessee or occupant of any real estate within the corporate limits of the city, fronting or abutting upon any street of public way along which a sidewalk has been constructed, to obstruct any portion of said sidewalk, except as hereinafter provided, by placing or permitting to be placed or remain thereon any barrel, box, bench, stand, table, crate, rack or other device for storing, displaying or creating goods, wares and merchandise, or apparatus used in his or her business, except that when said sidewalk is 12 or more feet wide, the occupier of the premises may use a space next to his or her property line not to exceed three feet wide, and when said sidewalks are over seven and less than 12 feet wide, not to exceed two feet wide, for the storage, deposit or display of his or her goods, wares or merchandise.
   (D)   It shall be unlawful for the owners of any railroad company operating or owning a railroad running into or to the corporation limits of the city to operate any train, cars, locomotive or engine so as to obstruct for a period of more than five minutes at any one time any street, sidewalk or other street crossing from any main switch, spur, wye or other railroad track in the city.
   (E)   It shall be unlawful for any person to remove any red lanterns, barricades or other means placed on the streets and on construction projects, public or private in the city as a warning or protection for the public by persons unless authorized to remove the same nor shall any person willfully, carelessly or negligently destroy said lanterns or barricades.
   (F)   It shall be the duty of the owner, or occupant of each and every parcel of real estate in the city abutting upon a sidewalk to keep said sidewalk abutting his or her premises free and clear of snow and ice, and to remove there from all snow and ice accumulated thereon within a reasonable time, which will ordinarily not exceed 12 hours, after the abatement of any storm during which said snow and ice may have accumulated.
   (G)   It shall be unlawful for any person, being the operator or owner or in charge of any vehicle or equipment removing snow from private property, to deposit the snow upon any property except that from which the snow is removed.
   (H)   It shall be unlawful for any person, operator or owner of property to discharge or deposit snow by truck, plow, blower, shovel or other snow removal equipment onto any street, sidewalk, gutter, catch basin or highway except for accumulations which are necessary residuals of street or highway cleaning operations of the city or other public authority.
   (I)   It shall be unlawful for any person, operator or owner of property to discharge or deposit any leaves, weeds, grass clippings, cigarette butts or anything of an unsightly or unsanitary nature onto any street, sidewalk, gutter, catch basin or highway.
   (J)   It shall be unlawful to use the public thoroughfares and adjacent sidewalks of the city for the purpose of exhibiting commercially any dog, cat, goat, rabbit, elephant or beast of whatsoever nature or to erect, establish or maintain any commercial itinerant carnival organization for the purpose of profit; provided, however, if a petition, regularly signed by 80% of the property owners within an area 500 yards in circumference from the contemplated site of such carnival or exhibition, shall be presented to the City Council requesting permission to permit such carnival, then the City Manager shall issue a license to said enterprise; provided such enterprise shall give bond to the city in such amount as the City Manager shall deem proper.
(Prior Code, § 9.14.05) Penalty, see § 91.99
§ 91.06 USED BUILDING MATERIALS, UNLICENSED MOTOR VEHICLES REFUSE AND RUBBISH.
   (A)   No person, firm or corporation shall keep, store, place or allow to remain any used building materials, unlicensed motor vehicles, motor vehicles in an inoperative condition, motor vehicle parts, scrap metal, refuse or rubbish on any lot, lots or parts of lots, or parcels of land within the corporate limits of the city.
   (B)   The provisions of division (A) above shall not apply to an unlicensed motor vehicle, a motor vehicle in an inoperative condition, a motor vehicle unfit for further use, an automobile and/or automobile parts which are kept within an enclosed building.
   (C)   In the event of a violation of this section, the City Manager shall cause notice to be given to the owner of the lots and lands, occupant or person having charge of the premises upon which the violation occurs, to cease such violation within ten days of such notice.
   (D)   In the event that the owner, occupant or person having charge of said premises, fails to cause such violation to cease within ten days of said notice, said person shall be deemed guilty of violation of this section and shall be subject to the penalty provided herein. Each separate day in which the offense continues shall be deemed a separate offense.
   (E)   (1)   Notwithstanding the provisions of this section, no person or persons shall purchase used building materials and place or store them on any lot, lots, parts of lots or parcels of lots, unless such materials are to be used by the purchaser or owner in construction on the same lot owned or controlled by such persons. Such materials shall not remain on said lot or part of lot for a period of more than 30 days unless the construction or operation plan for the use of said materials are used or commenced; and provided further that such materials are used or consumed in the construction or removed from the premises within 120 days from the time said materials were first placed on the lot, lots or parts of lots. No person or persons shall move any such used building materials so stored and placed to another location within the city for the purpose of avoiding the intent of this section unless such materials are used within ten days at the lot or lots to which they removed for the construction of a building or buildings for which a permit has been properly issued by the City Manager.
      (2)   In the event that such building materials are permitted to remain on the premises beyond the period set forth in the section immediately preceding, the City Manager or his or her designee shall cause notice to be given as aforesaid in division (C) above.
   (F)   Whosoever violates this section is guilty of a minor misdemeanor, and if the offender has been convicted of a second violation of this section within any one year, the offender shall be guilty of a misdemeanor of the fourth degree.
   (G)   The notice provided for hereinabove shall be a notice, in writing, signed by the City Manager or his or her designee, and shall be served upon the person in violation of this act. If at the conclusion of ten days compliance has not been met with the provisions hereof, a citation shall issue citing the person alleged in violation to appear in the Mayor’s court.
(Prior Code, § 9.14.06) Penalty, see § 91.99
§ 91.07 CURFEW OF MINORS.
   (A)   No child under the age of 16 years shall be upon the streets or sidewalks between the hours of 10:00 p.m. and 4:00 a.m. of the following morning, except on Friday night and Saturday night, at which time the hour shall be 11:00 p.m. and 4:00 a.m. of the following morning, or for any child between the ages of 16 and 18 years of age to be upon the streets or sidewalks between the hours of 10:30 p.m. and 4:00 a.m. of the following morning, except on Friday night and Saturday night at which time the hour shall be 11:30 p.m. and 4:00 a.m. the following morning, unless exempted under division (C) below.
   (B)   No parent or guardian of any child under the age of 16 years shall allow said child upon the streets or sidewalks between the hours of 10:00 p.m. and 4:00 a.m. of the following morning, except on Friday night and Saturday night, at which time said hours shall be 11:00 p.m. and 4:00 a.m. the following morning, and no parent or guardian of any child between the ages of 16 and 18 years shall allow said child to be upon the streets or sidewalks between the hours of 10:30 p.m. and 4:00 a.m. of the following morning, unless exempted under division (C) below.
   (C)   It is an exemption to a violation under this section that the person engaged in the prohibited conduct while:
      (1)   Accompanied by the minor’s parent or guardian;
      (2)   On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
      (3)   In a motor vehicle involved in interstate travel;
      (4)   Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
      (5)   Involved in an emergency;
      (6)   On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor, if the neighbor did not complain to the Police Department about the minor’s presence;
      (7)   Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor;
      (8)   Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or
      (9)   Married or had been married or had disabilities of minority removed in accordance with state law.
(Prior Code, § 9.14.07) Penalty, see § 91.99
§ 91.08 POSTING OF ADVERTISING.
   (A)   No person shall stick or post any advertisement, poster, sign or handbill or placard of any description upon any private building, or upon any tree, post, fence, billboard, carriage step or any other structure or thing whatever the property of another without permission of the occupant or owner of the same. No person shall paint, mark, write, print or impress, or in any matter attach any notice or advertisement or the name of any commodity or thing or any trademark, symbol or figure of any kind upon anything whatever the property of another without first obtaining permission of the owner of such thing, on which they desire to place such notice, advertisement, name, mark or figure.
   (B)   No person shall stick, post or attach any advertisement, poster sign, handbill or placard of any kind or description upon any telegraph, telephone, railway or electric light pole within the limits of said city, or upon any public building, voting booth, flagging, curb stone, walk, step, stone or sidewalk, or to write, print or impress or in any manner attach any notice of advertisement of any kind upon any public building, voting booth, flagging, curb stone or sidewalk, the property of the city, or within the street lines of the city, or over which the city, or the City Council thereof, has the care, custody or control, except such as may be required by the laws of the state or the ordinances of the city.
(Prior Code, § 9.14.08) Penalty, see § 91.99
Loading...