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(A) It shall be unlawful to erect any poles or wires or to maintain any poles or wires over or under any public place, street, alley, easement or other public way without first having secured a permit from the city.
(B) Any person given the right to maintain poles and wires in the streets, alleys or other public places in the city shall, in the absence of a provision in any franchise concerning the subject, keep the wires and poles free from and away from any trees or shrubs insofar as may be possible and shall keep all trees and shrubs properly trimmed and subject to the supervision of the Director of Public Works, so that no injury shall be done to the poles or wires or shrubs and trees by contact.
(C) It shall be unlawful to attach any wire or other rope to any tree without permission of the Director of Public Works.
(1986 Code, § 18-9) (Ord. 1995-16, passed 5-16-1995; Ord. 2012-10, passed 8-6-2012) Penalty, see § 92.999
(A) Any tree or shrub which overhangs any sidewalk, street or other public place in the city in such a way as to impede or interfere with traffic or travel on the public place shall be trimmed by the owner of the abutting premises on which the trees or shrubs grow so that the obstruction shall cease.
(B) Any limb of a tree which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which the tree or shrub grows or stands.
(1986 Code, § 18-10)
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSTRUCTION EASEMENT AREA. The area lying between the project right-of-way limits and the platted street limits which the city, by concurrence in the establishment of the project right-of-way lines, will permit the state to enter to perform all necessary construction operations.
ENCROACHMENT. Any building, fence, sign or any other structure or object of any kind (with the exemption 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.
PERMISSIBLE ENCROACHMENT. Any existing awning, marquee, advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway, the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings.
PROJECT RIGHT-OF-WAY. Those areas within the project right-of-way lines established jointly by the city and the state, which will be free of encroachments except as hereinafter defined.
ROADWAY 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) It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment as defined herein within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established.
(C) Project right-of-way lines have been established as being coincidental with the roadway right-of-way lines.
(D) 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 unless in direct conflict herewith.
(E) Any person, firm or corporation violating this section shall be fined as set forth in § 92.999.
(1986 Code, § 18-11) (Ord. 1989-15, passed 3-6-1989; Ord. 2004-31, passed 11-1-2004) Penalty, see § 92.999
Cross-reference:
Similar provisions, see also § 92.006
ADMINISTRATION AND ENFORCEMENT
(A) All public streets, alleys, sidewalks and other public ways shall be under the supervision of the Director of Public Works. He or she shall have supervision over all work thereon and shall be charged with the enforcement of all provisions of this code and other ordinances relating to such public places, except those relating to traffic.
(B) The Director of Public Works shall have the duty of keeping the streets and alleys clean, free from obstructions and in good repair. He or she shall see that all street drains are free and unobstructed and shall perform other duties as may be required by this code, other ordinance or by the Mayor and City Council.
(1986 Code, § 18-26) (Ord. 1995-16, passed 5-16-1995; Ord. 2012-10, passed 8-6-2012)
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