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(A) The Mayor, the City Manager or the Chief of Police may declare one of three declarations or emergencies set out in division (B) of this section.
(B) There shall be three classifications of vehicular travel situations or catastrophes to control city streets and highways use:
(1) Travel Warning (Color Red): A state of emergency has been declared by the city. Vehicular travel is restricted to emergency personnel only. Citizens are directed to refrain from all vehicular travel, comply with the necessary emergency procedures, cooperate with public officials and disaster service forces in executing emergency operation plans, and comply with the directions of properly identified officers. Further and more specific restrictions may be included in the disaster declaration, if issued.
(2) Travel Watch (Color Orange): Travel conditions have developed that are threatening to the safety of the public. Only essential vehicular travel is recommended (i.e. to and from work, for medical emergencies, home necessities, or other emergency situations). Emergency action plans have been or should be implemented by businesses, schools, government agencies and other organizations.
(3) Travel Advisory (Color Yellow): Routine vehicular travel or activities may be restricted in areas because of a hazardous situation (i.e. blowing and drifting snow, icy roadways, flooding, downed trees or poles, etc.); citizens should drive with caution or avoid these areas. Schools and businesses may begin to implement their emergency action plans.
(C) In the absence of a declaration by the city, the vehicular travel level declaration shall default to the county declaration.
(D) Any person who violates division (B) of this section may be subject to a Class C Infraction.
(Ord. 2010-04, passed 5-24-10)
(A) It shall be unlawful to rake, place, or mow fallen tree leaves, grass clippings and or garden waste of any type onto the pavement or into the gutter of any public street unless directed by the City of Union City, Indiana during fall leaf collection, and/or other program authorized by the City of Union City.
(B) No person shall permit grass clippings from mower swaths to remain upon sidewalks, street pavements, gutters of any public street, or on abutting property not owned or occupied by said person.
(C) This section does not prohibit the placing of brush along the curb which is eligible for pickup under the current brush removal program.
(D) Penalty for violation of this section shall be as provided in § 90.99. Each day the violation occurs may be separate offense.
(Ord. 2018-22, passed 11-12-18)
EXCAVATIONS
(A) No cut, excavation or removal of material shall be made in any street, alley, avenue or public grounds by any person, firm, or corporation, until a permit for such cut, excavation or removal of material has been obtained from the office of the Public Works Director. The Public Works Director shall make available applications for such work; and, upon application and agreement to properly repair and backfill and the submission of a certificate of insurance for said cuts or excavations shall issue a permit for such work. The fee for such permits shall be $150 for a 30 day permit. If the permitted activity cannot be completed within the estimated time, the applicant must request a permit extension prior to the time needed, any extension shall be for 15 days with a fee of $100 per extension; except, no fee shall be charged to municipally-owned facilities to the city. Said fee shall be paid to the General Fund of the city and made payable to the Clerk-Treasurer of said city. All permit recipients’ must also:
(1) Notifying all utility companies who might have facilities or lines that could be affected by the excavation 48 hours prior to the excavation.
(2) Notifying the City Fire Department, Police Department and Street Department on the day of the excavation prior to the commencement of the excavation so that these departments may reroute the city and emergency vehicles.
(3) Notifying the public of the existence of the excavation with appropriate barriers and warning lights in order to protect the public from damage to person and property as a result of the excavation.
(4) Insuring that the excavated area is properly refilled with suitable material and adequately compacted to assure safe and easy passage over the area.
(5) Making permanent repairs in the street, alley or sidewalk to restore the same to a condition which is as good or better than that which existed at the time of the excavation within 30 days of the date in which the excavation was commenced. Extensions of time may be granted for just cause and upon appeal to an approval by the Board of Public Works and Safety.
(6) Notifying the City Fire Department, Police Department and Street Department when the excavation is completed and the street, alley or sidewalk is restored to use by the general public.
(B) If a person, firm or corporation fails to make adequate temporary or permanent repairs of the excavation the city may make the repairs and charge the entity doing the excavation the reasonable cost of such repairs.
(‘74 Code, § 92.01) (Ord. 1146, passed 1-5-25; Am. Ord. 91-2, passed 2-25-91; Am. Ord. 2020-19, passed 10-12-20; Am. Ord. 2020-24, passed 11-9-20) Penalty, see § 95.99
It shall be the duty of every person, firm, or corporation who, in accordance with § 95.15, makes, or causes to be made in any public street, alley, or sidewalk any excavations, to replace such excavated material and repave, regrade, regravel, and restore the same to its condition at the time such excavation was made, as soon as the purpose for which such excavation was made can be accomplished, and to maintain such street, alley, or sidewalk in such restored condition for three years thereafter.
('74 Code, § 92.02) (Ord. 1146, passed 1-5-25)
It shall be unlawful for any person to trench or excavate in any public street or alley without protecting the same at all hours with a suitable barrier, at least three feet high, constructed of one or more boards, or to place building material of any kind in a public street or alley and to allow it to remain overnight, or to make or cause any trench or excavation to be made in any public street or alley, or to cause or to create any other obstruction to a public street or alley, without stationing in a conspicuous place thereon, one or more red lights, which shall be kept burning all night. If such obstruction, excavation, or building material exceeds 50 feet in length or breadth, a red light shall be conspicuously displayed at each extremity thereof.
('74 Code, § 92.03) Penalty, see § 95.99
SIDEWALKS
The owner of any dwelling, building, or other real estate within the city shall be responsible for maintaining the sidewalk in front, alongside and behind their real estate.
(Ord. 2005-06, passed 8-8-05) Penalty, see § 95.99
For purposes of this subchapter a sidewalk shall be deemed unsafe if it is settled or pushed up so as to be uneven, cracked or broken to such an extent that this condition creates a significant likelihood that a pedestrian would trip and fall as a result of this condition. It shall also include a sidewalk that has no curb and is broken and crumbling or so low that the sidewalk can easily be driven upon.
(Ord. 2005-06, passed 8-8-05)
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