STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
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*Cross reference(s)‑‑Buildings and building regulations, ch. 10; community development, ch. 22; planning, ch. 62; subdivisions, ch. 78; traffic and vehicles, ch. 82; utilities, ch. 86; vehicles for hire, ch. 90.
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Sec. 74-1. Damaging or destroying streets, alleys or other public places.
Sec. 74-2. Throwing or placing materials on streets, alleys or public places.
Sec. 74-3. Obstructing sidewalks.
Sec. 74-4. Use of parkways and sidewalks.
Sec. 74-5. Litter of public property or water.
Sec. 74-6. Utilities in streets, alleys and other public places.
Sec. 74-7. Barbed wire fences.
Sec. 74-8. Planting of poplar and willow trees.
Sec. 74-9. Overhanging trees.
Sec. 74-10. Erection or maintenance of signs and awnings without permit.
Sec. 74-11. Posting signs, posters, handbills.
Sec. 74-12. Tag days on streets.
Sec. 74-13. Gates.
Sec. 74-14.1. Approval of awning over the public right of way.
Sec. 74-14.2. License agreement for the installation of an awning over the public right of way.
Sec. 74-14.3. Standards for approval of awnings over the public right of way.
Sec. 74-14.4. Appeals, interpretations, and variances.
Sec. 74-14.5. Severability.
Secs. 74-15‑‑74-34. Reserved.
Sec. 74-35. Penalty for violation of article.
Sec. 74-36. Required within 24 hours; methods.
Sec. 74-37. Failure to remove; remedy; lien.
Sec. 74-38. Shoveling into streets prohibited.
Sec. 74-39. Areas for deposition.
Secs. 74-40‑‑74-60. Reserved.
Sec. 74-61. Penalty for violation of article.
Sec. 74-62. Permit required.
Sec. 74-63. Application for permit.
Sec. 74-64. Applicant to deposit bond; conditions.
Sec. 74-65. Applicant to pay excavation charge.
Sec. 74-66. Applicant to pay insurance.
Sec. 74-67. Responsibilities of permit holder.
Sec. 74-68. Subcontractor requirements.
Sec. 74-69. Continuing bond.
Sec. 74-70. Barriers and lights.
Sec. 74-71. Removing barriers; driving on unfinished streets.
Secs. 74-72‑‑74-90. Reserved.
Article IV. Sidewalks
Division 1. Generally
Sec. 74-91. New development.
Secs. 74-92‑‑74-100. Reserved.
Division 2. Construction and Repair
Sec. 74-101. Required.
Sec. 74-102. Real estate owners duty; costs.
Sec. 74-103. Order of city manager.
Sec. 74-104. City clerk to give notice to owner.
Sec. 74-105. Failure of owner to construct or repair; billing of owner for costs.
Sec. 74-106. Failure of owner to pay costs; lien or payment plan.
Sec. 74-107. Sidewalk specifications.
Secs. 74-108‑‑74-130. Reserved.
Sec. 74-131. Definitions.
Sec. 74-132. Conditions and limitations.
Sec. 74-133. Driveway locations.
Sec. 74-134. Number and separation.
Sec. 74-135. Surfacing of driveways and curbs.
Sec. 74-136. Grade.
ARTICLE I. IN GENERAL
Sec. 74-1. Damaging or destroying streets, alleys or other public places.
No person shall willfully or intentionally injure, damage, mar, destroy, deface or interfere with any sidewalk, bridge, gate, fence, pavement, water main, gutter, hydrant, sign, electric light pole or any electric wires or appliances or other property in the streets, alleys, or other public places in the city.
(Code 1965, Sec. 5.01)
Sec. 74-2. Throwing or placing materials on streets, alleys or public places.
(a) No person shall throw or cause to be thrown or place or cause to be placed any debris or materials in or upon any street, alley or public place except building material may be placed in the street temporarily in front of the premises where buildings are being erected or about to be erected, subject to such rules and regulations as the city may prescribe.
(b) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 5.02; Ord. No. 816, Sec. 23, 2-6-95)
Sec. 74-3. Obstructing sidewalks.
(a) No person shall obstruct the full clear and free passage of the entire width of the sidewalk on any street with anything, except as provided for in a license agreement approved by City Council or as otherwise allowed under a permit issued by the City.
(1) Any such license agreement or permit entered into by the City shall require that an unobstructed area with a minimum of five (5) feet be maintained as a clear path along the full length of sidewalk. The clear path shall be parallel with the right-of-way line.
(2) The clear path shall be aligned with any clear path on adjacent properties as provided for in any existing license agreement with the City.
(3) No obstruction shall block or impede the passage and free movement of pedestrians entering the sidewalk from a legally parked vehicle.
(b) Merchants and others may occupy the sidewalk where such sidewalk is at least ten feet wide, immediately in front of their respective places of business to the extent of three feet for the purpose of displaying goods, wares or merchandise only, provided that such goods, wares or merchandise be removed no later than 10:00 p.m. daily, and provided that a license agreement for this use has been approved by the City Council.
(c) All obstructions shall be removed from the sidewalk from November 15 to march 15 at all times during sidewalk snow removal.
(d) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 5.03; Ord. No. 776, Sec. 1(5.03), 2-1-93; Ord. No. 816, Sec. 24, 2-6-95; Ord. No. 868, 12-21-98)
Sec. 74-4. Use of parkways and sidewalks.
(a) That portion of the streets and highways of the city shall be parkways, where on a street where a sidewalk and concrete curb exist, the space between the outer margin of the sidewalk and the curb; or where a curb exists but no sidewalk, that space between the curb and the street line.
(b) Except where permitted by this chapter, no person shall use any parkway or sidewalk for advertising purposes of any nature; for the display of signs, wares, goods or merchandise or storage of the same; nor for parking or storage of any vehicle, cart, trailer, or other movable object at any time.
(c) There is excepted from the provisions of this section all drives from the street into public or private property, and all spaces which the council shall by resolution or otherwise necessarily exempt from the provisions of this section for the purpose of widening the sidewalk, the parkway or the street, or paving the parkway and drives in front of or adjacent to adjoining business property. Also excepted from the provisions of this section is the placing of traffic signs and posts by public authorities.
(d) Any person who shall violate any provisions of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 5.04; Ord. No. 795, Sec. 1, 11-15-93; Ord. No. 816, Sec. 25, 2-6-95)
Sec. 74-5. Litter of public property or water.
(a) It is unlawful for any person knowingly, without the consent of the public authority having supervision of public property or the owner of private property, to dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property or waters other than property designated and set aside for such purposes. The phrase "public or private property or water" includes, but is not limited to, the right-of-way of any road or highway, any body of water, watercourse or the shores or any beaches thereof and including the ice above such waters, any park, playground, building or any conservation or recreation area and any residential, commercial or industrial property.
(b) The term "litter" used in this section means all rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris or other foreign substances of every kind and description.
(c) Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties prescribed in section 1-13. The court in lieu of any other sentence imposed may direct a substitution of litter gathering and labor, including, but not limited to, the litter in connection with the particular violation under the supervision of the court.
(Code 1965, Sec. 5.05)
Sec. 74-6. Utilities in streets, alleys and other public places.
No person shall place any telephone, telegraph, gas, electric light or other posts, poles, pipes, conduits, wires or thing in any street, alley or other public place in the city except and only upon written permission given by the city determining the location of such poles, posts, pipes, conduits or wires. A record of all permits thus given and of the location of each pole, post, pipe, conduit, or wire shall be kept in the office of the city clerk.
(Code 1965, Sec. 5.07)
Sec. 74-7. Barbed wire fences.
No person shall maintain a barbed wire fence or fence partly of barbed wire within the platted portions of this city; nor shall any person maintain a barbed wire fence or a fence partly of barbed wire adjacent to any street or sidewalk within the city.
(Code 1965, Sec. 5.08)
Sec. 74-8. Planting of poplar and willow trees.
(a) No person shall plant any poplar or willow trees within any of the public streets or alleys of the city.
(b) No person shall plant or maintain any poplar, willow or other trees upon his premises near enough to any public sewer in the city so that the roots from such tree shall endanger the operation of such sewer. Upon notice from the board of public works that any such tree endangers the operation of a public sewer, the owner or occupant of such premises shall remove such tree within ten days from such notice.
(Code 1965, Sec. 5.09)
Sec. 74-9. Overhanging trees.
(a) Notice to trim. The branches of all trees which overhang any sidewalk, street, or alley shall be so cut and trimmed that no branch or part of a branch shall come within eight feet of the street or sidewalk. The owner or person having charge of such trees, upon being notified by the city, shall cut or trim the branches to such height within five days after such notice.
(b) Removal of dead branches. The owner or person having charge of any shade or other trees shall not allow any dead branches to overhang any street or sidewalk.
(c) Failure to remove; lien. Upon failure of any person to trim or remove such trees upon notice, the board of public works is hereby authorized to have such trees removed or trimmed and the expense thereof shall be assessed against the property as a special assessment.
(d) Violation penalties. In addition to any other penalties set forth herein, any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 5.10; Ord. No. 816, Sec. 26, 2-6-95)
Sec. 74-10. Erection or maintenance of signs and awnings without permit.
(a) No person shall erect or maintain any sign or awning or other thing less than seven feet above any sidewalk. No person shall place any sign, banner, flag or device over or across any public street or alley without a permit from the city.
(b) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 5.11; Ord. No. 816, Sec. 27, 2-6-95)
Sec. 74-11. Posting signs, posters, handbills.
(a) No person shall fasten any obscene or any indecent picture, handbill, advertisement or written or printed matter in any street, alley or other public place in the city. No person shall mark, write, print or impress any sign, mark, advertisement or character upon or fasten any advertisement, sign or handbill of any kind upon any school, home, church or any public building, bridge, viaduct or other public structure or any post or pole belonging to the city; nor upon any telephone, telegraph, electric light or other post or pole or upon any shade or ornamental tree or tree box in any street, alley or public place in the city; nor shall any person fasten any advertisement, poster, handbill or placard of any kind or mark or write or print or impress any mark, sign, advertisement or character upon any fence, post, pole, building or other structure on the property of another in the city without permission from the owner of such property.
(b) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 5.12; Ord. No. 816, Sec. 28, 2-6-95)
Sec. 74-12. Tag days on streets.
(a) Permission required. No person, group or organization shall engage in or conduct a tag day on the public streets or places in the city unless permission for such activity has first been obtained from the council. For purposes of this section, efforts by an individual to post any advertisement, sign or handbill throughout the city shall constitute a tag day.
(b) Application. Application for such permission shall be made in writing to the city clerk and shall indicate the days for which permission is requested, the status of the applicant, the purpose of the request, and such other information as may be pertinent to such request. Such application shall be made and executed by the applicant or his authorized agent.
(c) Hearing. The city clerk shall present such application to the council at its first meeting after the date of application, and at such time the council will hear and consider the application. The applicant or his agent may appear at such council meeting and further inform the council in regard to its request.
(d) Determination of council. The council shall hear and consider such requests at its meetings when presented, and shall make determination as to whether or not the best interest of the city would be served by the granting of such request. If it shall determine that the interests of the city will be benefitted, it may grant permission to conduct a tag day to the applicant; provided however, that not more than one such permission will be granted to the same applicant in any one calendar year.
(e) Penalty for violation. Any person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties prescribed in section 1-13.
(Code 1965, Sec. 5.13)
Sec. 74-13. Gates.
No person shall maintain any gate that opens outward upon any street or sidewalk unless such gate hangs on double hinges.
(Code 1965, Sec. 5.15)
Sec. 74-14.1. Approval of
awning over the public right of way.
The
City Manager, or the City Council when requested by the City Manager, shall
review and approve, deny or approve with conditions all requests for the
installation of an awning over the public right-of-way. No awning shall be
installed over the public right-of-way except with a valid building permit. The
building inspector shall not issue a building permit for an awning over the
public right-of-way without approval from the City Manager or the City Council.
(Ord. No. 880, 2-21-00)
Sec. 74-14.2. License agreement for the installation of an awning
over the public right-of-way.
A license agreement shall be executed prior to installation of an awning over the public right-of-way, which protects the City from liability related to the awning ensures that the awning will be properly maintained, and includes procedures for action to bring the awning into compliance with the terms of the agreement.
(Ord. No. 880, 2-21-00)
Sec. 74-14.3. Standards for approval of awnings over the public right-of-way.
If the City Manager finds that the request does not meet one or more of the standards in this section, the City Manager shall deny the application.
(1) Height: The lowest part of the
awning shall be no lower than 90 above the grade of the pavement. The vertical
dimension of the awning shall be no greater than 48 from the highest point to
the lowest point of the awning. No awning shall be installed above the second
story window of the structure, except for decorative awnings which extend less
than 36 from the face of the building.
(2) Length: No awning shall extend
more than 84 out from the face of the building. No awning shall extend further
out from the building than to where it overhangs a point of 48 from the street
curb line.
(3) Support posts: Support posts
shall not be permitted without Council approval.
(4) Color: The color shall be of
moderate color, consistent with the downtown appearance. No fluorescent colors
shall be used.
(5) Advertising: Lettering and logos
shall be consistent with the Sign Ordinance in height and include only the name
of the business. Only logos of businesses may be used.
(6) Lighting: Lighting shall be
indirect, and shielded to prevent any glare to pedestrians, vehicles and other
structures.
(7) Installation: A professional
awning or sign installer shall construct and install the awning.
(8) Application: A true color drawing
to scale of the awning and a drawing showing the location of the awning on the
structure shall be submitted with the application to install an awning.
(Ord. No. 880, 2-21-00; Ord. No. 912, 03-17-03)
Sec. 74-14.4. Appeals, interpretations, and variances.
The City Council shall hear requests for installation of awnings over the public right-of-way which do not meet the standards in Section 74-14.3, and may modify the standards and requirements for approval of awnings over the public right-of-way. The City Council may approve requests for awnings over the public right-of-way which do not meet the standards in Section 74-14.3.
(Ord. No. 880, 2-21-00)
Sec.
74-14.5. Severability.
Should any section, subsection,
sentence, clause, phrase or portion of this Ordinance be held invalid or
unconstitutional by any Court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such determination
shall not affect the validity of the remaining portions of this Ordinance.
(Ord.
No. 880, 2-21-00)
Secs. 74-14‑‑74-34. Reserved.
Sec. 74-35. Penalty for violation of article.
Any person who shall violate any provision of this article shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 5.06(e); Ord. No. 816, Sec. 29, 2-6-95)
Sec. 74-36. Required within 24 hours; methods.
No person shall permit any snow or ice to remain on any sidewalk in front of any house, building, or lot occupied by him, or on any sidewalk in front of any unoccupied house, building or lot owned by him, longer than 24 hours after the snow has fallen or formed. The owner or occupant shall cause salt, ashes, sawdust, or sand to be strewn thereon if the ice or snow cannot be removed.
(Code 1965, Sec. 5.06(a))
Sec. 74-37. Failure to remove; remedy; lien.
In case any person shall neglect to remove any snow or ice from the sidewalk in front of lots or buildings owned by him after having been notified by the chief of police or any other officer of the city, the city may then cause the snow or ice to be removed, and the expense of such removal may be recovered against the person so neglecting or refusing to remove the snow or ice in an action in the name of the city, together with the costs of suit; or the expense of removal may be charged as a special assessment on the lots and parcels of land owned by the person or persons so neglecting and refusing. This action shall be in addition to any penalty which may be imposed.
(Code 1965, Sec. 5.06(b))
Sec. 74-38. Shovel