TITLE 7
PUBLIC WAYS AND PROPERTY
CHAPTER 1
STREETS, SIDEWALKS AND PUBLIC WAYS, GENERAL PROVISIONS
SECTION:
7-1-1: Permit Requirements
7-1-2: Liability Insurance Requirements
7-1-3: Injury To Public Ways
7-1-4: Maintenance
7-1-5: Defects
7-1-6: Obstructions
7-1-7: Barricades
7-1-8: Private Use Of Public Ways
7-1-9: Encroachments
7-1-10: Harmful Deposits; Litter
7-1-11: Drains
7-1-12: Poles And Wires
7-1-13: Gas Pumps
7-1-14: Driveway Construction
7-1-15: Snow Removal
7-1-16: Street Lighting
7-1-17: Supervision And Enforcement
7-1-18: Sidewalk Cafes
7-1-19: Penalties
7-1-1: PERMIT REQUIREMENTS:
It shall be unlawful to construct or repair any public street, alley or sidewalk without first having secured a permit therefor. Applications for such permits shall be made to the clerk and shall state the location of the intended construction or repair, the extent thereof and the person who is to do the actual work. The construction or repair of streets, alleys and sidewalks shall conform to the requirements of this chapter. (1988 Code §24.102)
7-1-2: LIABILITY INSURANCE REQUIREMENTS:
Any person performing work under this title shall take out and maintain during the construction or repair of the project such liability and property damage insurance as shall protect him, the city and the city's representatives from claims from liability and property damages which may arise from said construction or repair. The city shall be furnished certificates of insurance issued by the companies carrying the risk, which said certificates shall be in form and substance satisfactory to and approved by the city. (1988 Code §24.103)
7-1-3: INJURY TO PUBLIC WAYS:
   A.   New Construction: It shall be unlawful to go upon or drive any vehicle or animal upon or knowingly injure any newly constructed street, alley or sidewalk pavement while the same is guarded by a warning sign or barricade. (1988 Code §24.104)
   B.   Existing Construction: It shall be unlawful to injure any sidewalk, street or alley pavement. (1988 Code §24.112)
7-1-4: MAINTENANCE:
All public streets, alleys and sidewalks shall be kept in good repair. Such repair work, whether done by the city or by the abutting owner, shall be under the supervision of the city engineer. (1988 Code §24.105)
7-1-5: DEFECTS:
It shall be the duty of every city officer or employee becoming cognizant of any defect in any street, alley or sidewalk, or any obstruction thereof, to report the same to the engineer as soon as possible. (1988 Code §24.106)
7-1-6: OBSTRUCTIONS:
It shall be unlawful for any person to cause, create or maintain any obstruction of any street, alley, sidewalk or other public way, except as may be specifically authorized by ordinance or by the engineer when necessary in an emergency or in connection with any lawful construction, repair or removal work. (1988 Code §24.107)
7-1-7: BARRICADES 1 :
   A.   Barricades Required: Any person constructing or repairing any public street, alley or sidewalk or doing other work in a public place or making any excavation in any such place, shall maintain suitable barricades to prevent injury to any person or vehicle by reason of the work. Such barricades shall be protected with flashing lights at nighttime. (1988 Code §24.108)
   B.   Disturbing Barricades: It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement, excavation or opening in any public street, alley or sidewalk. (1988 Code §24.109)
7-1-8: PRIVATE USE OF PUBLIC WAYS:
   A.   Signs Or Advertisements 2 : Except as otherwise ordained in this section or other sections of this code, it shall be unlawful for any person to use any street, sidewalk, or other public place as space for the display of goods or merchandise for sale or to write or mark signs or advertisements on any such pavements. (Ord. 2001.24, 7-16-2001)
   B.   Neighborhood Block Parties: Upon the review of all city departments and the recommendation of the city manager, the mayor may issue a block party permit under the following conditions: (Ord. 2001.24, 7-16-2001; amd. Ord. 2002.95, 4-21-2003)
      1.   The purpose of the block party shall be for the benefit of all persons whose property abuts the section of street to be closed, and not just the private benefit of a specific property owner (as for birthday parties, anniversaries, etc.);
      2.   The section of street to be closed may extend only one block (i.e., from cross street to cross street);
      3.   The event shall last only one day;
      4.   The event may not begin before ten o'clock (10:00) A.M. and must end before ten o'clock (10:00) P.M.;
      5.   The organizer(s) of the event must notify in writing all property owners whose parcels abut the street in question and if a majority of the neighboring property owners do not consent in writing to the event, no permit will be issued;
      6.   The organizer(s) of the event shall be responsible for placing and removing barricades to close the street properly according to the procedures established by the public works superintendent; and
      7.   No more than two (2) street closings shall be permitted for any particular day. (Ord. 2001.24, 7-16-2001)
7-1-9: ENCROACHMENTS:
   A.   Definitions:
   ENCROACHMENT: Any building, fence, sign, (excluding certain signs located over sidewalks or any other structure or object of any kind with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right of way or the roadway right of way where no project right of way line has been established.
   ROAD RIGHT OF WAY: Those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect.
   B.   Public Street Or Property: It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property.
   C.   Roadway Right Of Way: It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, an encroachment, within the limits of the roadway right of way.
   D.   Severability: This section is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith.
   E.   Penalty: Any person, firm or corporation violating this section shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. (Ord. 99.11, 5-17-1999)
7-1-10: HARMFUL DEPOSITS; LITTER 1 :
   A.   It shall be unlawful to deposit on any street, alley or sidewalk any material which may be harmful to the pavement thereof or any waste material or any glass or other articles which may do injury to any person, animal or property.
   B.   Certain materials may be deposited on streets, alleys and sidewalks preparatory to delivery or use, only with approval of the city council.
   C.   It shall be unlawful for any person to pave any area lying within a parkway or to place gravel, decorative stone, lava rock, paving brick, prairie grasses, or wildflowers in the parkway. Bedding plants shall be permitted in parkway areas if they are planted around mailboxes (in compliance with postal service regulations), streetlight poles, street sign poles, or approved trees in the parkway, provided they are maintained free of weeds and debris and do not obstruct traffic or the vision of motorists. Neither the city nor private utilities maintaining infrastructure within the parkways shall be responsible for damage to, or restoration of, plantings other than natural turf after construction or repair work within the parkway, even if such materials were lawfully installed. (Ord. 2006.40, 10-16-2006)
7-1-11: DRAINS:
It shall be unlawful to obstruct any drain in any public street or alley. (1988 Code §24.113)
7-1-12: POLES AND WIRES:
It shall be unlawful to erect any poles or wires or to maintain any poles or wires over any public street, alley or other public way without having first secured a permit from the city. (1988 Code §24.115)
7-1-13: GAS PUMPS:
It shall be unlawful to maintain or erect any gasoline pump or tank in any public street, alley or sidewalk. (1988 Code §24.116)
7-1-14: DRIVEWAY CONSTRUCTION:
   A.   Grade Surface: No driveway shall be so constructed or graded as to leave a step, sharp depression or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk. It shall be unlawful to have the surface finish of any driveway where the same crosses the sidewalk constructed of such materials as to render it slippery and hazardous to pedestrians. (1988 Code §24.201)
   B.   Materials: Driveways across sidewalks shall be concrete and shall be constructed to conform to the requirements of this title. (1988 Code §24.202)
   C.   Repair: It shall be the duty of the person maintaining a driveway to keep the same in good repair where it crosses the sidewalk and free from obstruction and openings. (1988 Code §24.203)
7-1-15: SNOW REMOVAL:
   A.   Obstruction Of Vision: It shall be unlawful for the owner or occupant of property to deposit or to have or cause another person to deposit snow for said owner or occupant, either on public or private property, in such a manner as to obscure the vision of motor vehicles along streets or at intersections within the city.
   B.   Unlawful Deposits: It shall be unlawful to remove snow from private property and pile or deposit the same upon any public street or property within the city; provided, however, that this prohibition shall not apply to snow removal from public sidewalks.
   C.   Downtown Commercial District: The owner or occupant of the premises in the downtown commercial zoning district bounded by the north side of Exchange Street, the south side of Elm Street, the east side of Locust Street and the west side of Sacramento Street is obligated to keep the sidewalks abutting the premises free from snow and other obstructions. All snow or ice removed shall be placed in the street or hauled away. No snow or ice shall be placed on any shrubs or trees. The use of any chemical on the sidewalk that may damage adjacent shrubs or trees is prohibited.
   D.   Abatement: Should the owner or occupant of the said premises fail to keep the sidewalks abutting the premises free from snow and ice in accordance with the provisions herein, the city may abate the nuisance by removing the snow or other obstruction from the sidewalk at a minimum cost of one hour's time and labor.
   E.   Penalties: Violators of this section shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 2007.47, 1-7-2008)
7-1-16: STREET LIGHTING:
   A.   Subdivision Street Lighting: In new subdivisions, adequate street lighting shall be provided at all intersections and at intermediate intervals not exceeding three hundred fifty feet (350'). The developer shall be responsible for furnishing and installing all street lighting facilities, including, but not limited to, poles, underground or overhead cables, trenching and backfilling for a completely workable system 4 . As an alternate to the developer furnishing and installing the street lighting facilities, the developer shall cause the utility company providing such service to furnish and install said facilities with the developer reimbursing said company for this work. No approval of a final plat of subdivision will be made until the foregoing improvements as required by the plan commission are made or until the plan commission has been provided proper guarantee of performance. (Ord. 98.80, 4-5-1999)
   B.   Alternative Street Lighting: Upon the approval of the city manager or designee, light poles other than the treated wood poles and appurtenances typically used in the city may be installed at the developer's expense. Such fixtures shall provide the minimum illumination specified by the city engineer at all intersections and at intermediate intervals. Further, such poles and appurtenances shall conform to the alternative models specified by Commonwealth Edison or any other electric utility company providing such service. If the operation, maintenance, and replacement costs of such streetlights create an expense in excess of the average cost of the city's standard lighting, the city council shall establish an operational special service area to finance any extraordinary maintenance costs. Prior to the approval of any alternate system of lighting, a joint developer/city agreement shall be approved by the city council. (Ord. 98.80, 4-5-1999; amd. Ord. 2002.95, 4-21-2003)
7-1-17: SUPERVISION AND ENFORCEMENT:
All public streets, alleys, sidewalks and other public ways in the city shall be under the supervision of the city engineer. He shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances 5 ) and is hereby authorized to enforce such ordinances. (1988 Code §24.101)
7-1-18: SIDEWALK CAFES:
   A.   Purpose: These standards and procedures are adopted pursuant to this chapter to encourage appropriate outdoor activities in the public right of way to ensure that the space used for outdoor dining in the public sidewalk will serve a public purpose, to ease the process of obtaining permission to operate an outdoor dining facility, and to ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes.
   B.   Definitions:
   SIDEWALK CAFE: An outdoor dining area on a public sidewalk where patrons may consume food and/or beverages provided by an abutting food service establishment. Such establishments may either provide table service in the outdoor dining areas or sell takeout items to be consumed in the outdoor dining area. These regulations do not apply to outdoor dining on private property.
   C.   General Provisions:
      1.   Permit Required: Outdoor dining on a public sidewalk may occur only pursuant to a sidewalk cafe permit (issued to a particular business owner).
      2.   Prohibited Locations: Outside dining will not be permitted on sidewalks designated by the city council as shared bicycle and pedestrian facilities.
      3.   Permit Transfer: A sidewalk cafe permit is not transferable.
      4.   Zoning Requirements: Outdoor dining on a public sidewalk shall be subject to the requirements and limitations set forth in this code and all applicable federal, state and county statutes, ordinances and regulations. (Ord. 99.31, 8-2-1999)
      5.   Conditions Of Approval: The city manager shall have the authority to apply conditions to the approval of sidewalk cafe permits as appropriate to ensure compliance with the provisions of this policy.
      6.   Authority Of The City Manager; Appeal: The location and configuration of any sidewalk cafe shall be subject to approval by the city manager who shall consider reviews by the city engineer, police chief and building and zoning officer regarding public safety issues unique to the pedestrian and vehicular needs of the specific location. Notwithstanding any other provisions of this policy, the manager shall have the authority to deny any permit application or revoke any existing permit if it is determined to be detrimental to public health, safety or general welfare. The decision of the city manager may be appealed to the city board of zoning appeals and the city council by the applicant. The decision of the city council shall be final. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      7.   Indemnification: The permittee shall defend, indemnify, and hold the city, and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under a sidewalk cafe permit.
      8.   Insurance: The permittee shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00) covering the permittee's operations on the sidewalk. Such insurance shall name, on a special endorsement form, the city, its elected and appointed boards, officers, agents and employees as additional insiders. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days' prior written notice to the city. (Ord. 99.31, 8-2-1999)
   D.   Application Procedure:
      1.   A permit shall be required for all encroaching furniture and improvements. The application shall be filed with the city manager on a form provided by the city. The application shall be signed by the owner of the property, or his authorized agent. Authorized agents shall submit written authorization. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment. All fixed features such as tree wells, signposts, parking meters, fire hydrants, newsracks, etc., within twenty feet (20') of the encroachment shall be depicted on the site plan.
      2.   Prior to issuance of the permit the applicant shall provide both the certificate of insurance and the completed standard special endorsement in a form meeting the approval of the city manager and the city attorney. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
   E.   Term: Valid permits shall remain in effect for one year. (Ord. 99.31, 8-2-1999)
   F.   Sidewalk Cafe Development Standards:
      1.   Horizontal Clearance: A clear, continuous pedestrian path no less than five feet (5') in width shall be required for pedestrian circulation outside of the outdoor dining area, provided that the city manager may require more than five feet (5') if necessary, to protect the public safety. Areas with heavy pedestrian traffic may be required to maintain a wider path. As used herein, pedestrian path means a continuous obstruction free sidewalk area, paved to city standards between the outside boundary of the dining area and any obstruction, including, but not limited to, parking meters, street trees, landscaping, streetlights, bus benches, public art and curb lines. These requirements may be modified at the discretion of the city manager in locations where unusual circumstances exist and where public safety would not be jeopardized. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      2.   Allowable Uses: An outdoor dining area may incorporate street trees or street furniture, provided that the required pedestrian path is maintained outside of the outdoor dining area. (Ord. 99.31, 8-2-1999)
      3.   Setbacks From Corners, Streets And Alleys: When an outdoor dining area is located at a street corner a ten foot (10') setback from the corner of the building shall be maintained along both frontages. When an outdoor dining area is located adjacent to a driveway or an alley, it may be modified at the discretion of the city manager in locations where unusual circumstances exist and where public safety would not be jeopardized (e.g., the sidewalk adjacent to the proposed outdoor dining areas is wider than usual or the perimeter of the building has an unusual configuration).
      4.   Extension To Adjacent Properties: Subject to approval of the city manager an outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written consent of the adjacent business owner and property owner. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      5.   Alcoholic Beverages: Alcoholic beverages shall not be consumed at sidewalk cafes.
   G.   Design Standards:
      1.   Barriers:
         a.   No barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of tables and chairs abutting the wall of the establishment.
         b.   Barriers should complement the building facade as well as any street furniture and be somewhat transparent (such as wrought iron) and shall be able to withstand inclement weather. (Ord. 99.31, 8-2-1999)
         c.   Barriers and furniture shall be removed a the end of each business day unless otherwise approved by the city manager. Barriers shall be capable of being removed through the use of recessed sleeves and posts, by wheels that can be locked into place, or weighted bases. The height of any barrier shall not exceed three feet six inches (3'6"). (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      2.   Awnings And Umbrellas: The use of awnings over the outdoor dining area and removable table umbrellas may be permitted provided they do not interfere with street trees. No portion of an awning shall be less than eight feet (8') above the sidewalk and no portion of an umbrella shall be less than seven feet (7') above the sidewalk. Awnings may extend up to five feet (5') from the building front or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. Awnings shall have no support posts located within the public right of way. A building permit must be obtained prior to installation of any awning.
      3.   Lighting: Outdoor lighting fixtures should complement the style of the building. Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right of way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical fixtures shall not be permitted in the public right of way. Lighting shall be installed by a licensed electrician under an electrical permit from the building department. Battery operated lamps or candles will be permitted.
      4.   Design: The design, material, and colors used for chairs, tables, umbrellas, awnings and other fixtures should complement the architectural style and colors of the building facade and street furniture.
      5.   Signs: Notwithstanding any provisions in this code, signs and logos shall be permitted on umbrellas in outdoor dining areas. (Ord. 99.31, 8-2-1999)
   H.   Fees:
      1.   Application Fee: An application fee of twenty five dollars ($25.00) shall be paid at the time a sidewalk cafe permit application is submitted to the city manager. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      2.   Annual Use Fee: An application fee of fifty dollars ($50.00) (sidewalk dining area of 100 square feet or less) or one hundred dollars ($100.00) (sidewalk dining area over 100 square feet) shall be paid upon annual renewal of a sidewalk cafe permit. No use fee shall be charged during the first year of operation. (Ord. 99.31, 8-2-1999)
   I.   Violation; Remedy: In addition to any other penalty or legal remedy at law or in equity, in the event that a permittee fails to abide by the provisions of a permit, the city manager may summarily abate any encroachment or improvement that is in violation of this policy. The permittee or property owner shall pay all costs incurred by the city in abating the encroachment or improvement. The permittee or property owner may appeal the decision of the city manager to the city zoning board of appeals and city council. The determination of the city council with respect to abatement shall be a final city decision. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
7-1-19: PENALTIES:
Unless otherwise provided, any person violating any provision of this title shall be subject to penalty as provided in section 1-4-1 of this code. (1988 Code §24.117; amd. 1994 Code; Ord. 99.31, 8-2-1999)

 

Notes

1
1. See also section 7-3-4 of this title.
2
2. See also section 7-5-4 of this title.
1
1. See also section 4-2-8 of this code for littering provisions.
4
1. See chapter 3 of this title for excavation regulations.
5
1. See title 6 of this code.