(A) No material or substance obstructing the free passage of persons, vehicles, street sweepers, or obstructing drainage water shall be placed or suffered to lie in any of the alley ways, sidewalks, streets, gutters, ditches, drainage-ways, utility easements, or other routes of the town, nor shall any person, partnership, company or similar entity place or cause to be placed, on or in any of the alley ways, sidewalks, streets, gutters, ditches, drainage-ways, utility easements, or other routes of the town, material or substances or any other obstruction of any kind, provided that any person erecting structure, building or making repairs to alley ways, sidewalks, streets, gutters, ditches, drainage-ways, utility easements, or other routes of the town may, by obtaining a written permit from the Police Department, temporarily, place building material for immediate use on the alley ways, sidewalks, streets, gutters, ditches, drainage-ways, utility easements, or other routes of the town in such a way as to not interfere with the usual traffic. Material or substances and any other obstructions of any kind include, but are not limited to, brick, stone, wood, sand, mortar, dirt, boxes, crates, casks, barrels, construction materials, eroded earth material, curb entrance ramps, nails, shingles, vegetative, organic or feces materials and similar materials or substances.
(B) Any written permit issued by the Police Department shall include the material or substance type, the area and location on which the material or substance may be placed, the time and date that the permit was issued and the date that the permit expires.
(C) (1) Any violation of the provisions of this section shall subject the offender to a civil penalty in the amount of $25. Each subsequent day that a violation listed in this section continues shall constitute a separate and distinct offense. Violators shall be issued a written citation, which must be paid within 72 hours. If the person fails to pay the civil penalty within 72 hours, the town may recover the penalty including all costs and attorneys fees by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
(2) The town may increase any civil penalty assessed under this section by $50 for each subsequent violation of the same provision within a two-year period.
(1992 Code, § 98.23) (Ord. O-16-10129899, passed 10-12-1998; Ord. O-49-02149900, passed 2-14-2000; Ord. 06-O-, passed 10-9-2006) Penalty, see § 98.999