[HISTORY: Adopted by the City Council of the City of Lexington 2-23-1998 by Ord. No. 1998-3 (Ch. 3, Art. 1, of the 1998 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 32.
Mobile homes and mobile home parks — See Ch. 103.
Nuisances — See Ch. 118.
Peace and good order — See Ch. 135.
Peddling and soliciting — See Ch. 140.
Snowmobiles — See Ch. 178.
Subdivision of land — See Ch. 195.
Vehicles and traffic — See Ch. 240.
Zoning — See Ch. 300.
Streets, avenues, alleys, and sidewalks in the City of Lexington shall be kept free and clear of all encumbrances and encroachments, for the public use; and shall not be used or occupied in any other way, except as herein provided in this chapter.
Whenever any person shall desire to remove any building within the corporate limits of the City of Lexington, over or upon the streets of said City, he/she shall present to the City Aldermen a petition, stating the location of such building, the value of the same, the place to which it is intended to be removed; and if said removal is approved by said Aldermen, said Aldermen may issue a permit for the removal of any such building, which permit shall direct the route to be taken and the time of the removal thereof.
It shall be unlawful to walk upon or drive any vehicle or animal upon, or enter any newly laid street or alley pavement while the same is guarded by a warning sign or barricade; or to knowingly injure any street, sidewalk or alley pavement.
All public streets, alleys, and sidewalks shall be in good repair. Any such repair, whether done by the City Street Superintendent or the abutting owner, shall be done under the supervision of the City Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person, firm, or corporation to cause, create, or maintain any obstruction in any street, alley, sidewalk or other public place, except as may be specifically authorized by ordinance or by the Street Superintendent.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person, firm, or corporation laying or repairing any pavement on a street, sidewalk or other public place or making an excavation in the same shall maintain suitable barricades to prevent injury to any person or vehicle by reason of the work. Such barricade shall be protected by suitable lights during the hours from dusk until dawn.
It shall be unlawful to disturb or interfere with any barricade or light lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley or sidewalk.
It shall be unlawful for any person, firm or corporation 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 any signs or advertisement on such pavement, except for community sale days.
It shall be unlawful to erect or maintain any building or structure which encroaches upon any street or property.
It shall be unlawful to obstruct any drain in any public street or alley.
It shall be unlawful to erect any poles or wires or maintain any poles or wires over any public place, street, alley or other public way without having first secured permission from the Mayor and the City Council.
A. 
It shall be unlawful to make any excavation in or tunnel under any public street, alley, sidewalk, or other public place in the City without having first secured a permit therefor. Applications for such permits shall be made to the City Clerk, and shall specify the intended location and purpose of the excavation, including the estimate of the cost to repair and replace the surface of the excavated area to its previous condition.
B. 
No person shall make any such excavation or tunnel without first having furnished the City with a bond in the same amount as said estimated cost of repairing and replacing said excavation and a policy or certificate of insurance showing the City as an additional insured with public liability compensation of not less than $10,000 per person or $20,000 per occurrence. Said bond shall be conditioned upon the guarantee of the repair and replacement of said excavation, and said policy of insurance shall indemnify the City against public liability and loss resulting from work done or any acts or omissions in connection with said excavations.
C. 
Any such person making any such excavation shall refill the same properly and shall restore the surface to its condition before excavation was made, as soon as possible.
D. 
All such excavations, refills and resurfacing shall be made subject to the supervision and under the direction of the Street Superintendent.
[Amended 6-14-2010 by Ord. No. 2010-4]
A. 
It shall be unlawful to construct or maintain any opening or stairway in any public street or alley or sidewalk of other public place without a permit from the City Council.
B. 
All such lawfully maintained openings shall be guarded by a suitable strong cover or railing to be approved by the City Council.
It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or with any similar material designed to cause injury to the person, or charged with electrical current, anywhere within the City except to protect industrial property, in which case barbed wire must be at least six feet above the sidewalk and extend inward of the property.
[Amended 8-22-2016 by Ord. No. 2016-8]
A. 
It shall be unlawful to deposit on any street any material which may be harmful to the pavement thereof, or any glass, or other articles which may cause injury to any person, animal, or property.
B. 
It shall be unlawful to deposit, discharge or place grass clippings, leaves, landscape waste, garbage, rubbish or other substances upon any of the public streets, sidewalks or alleys in the City.
It shall be unlawful for any person, firm or corporation to burn any leaves, paper rubbish or other substances upon any of the public streets, sidewalks or alleys in the City.[1]
[1]
Former § 3.17, Open fires prohibited, and 3.18, Burning barrels banned, which immediately followed this section, have been included as Ch. 37, Burning, of the City Code.
[Amended 9-13-2004 by Ord. No. 2004-4]
A. 
A "driveway" is defined in Chapter 300, Zoning, Article III, § 300-5, of the Code of the City of Lexington.
B. 
An "approach" is a compacted surface constructed and maintained for the purpose of providing access to an off-street driveway from a public or private street. All approaches constructed after the effective date of this chapter or where deemed necessary shall have a concrete surface, a minimum of 10 feet in length and at least as wide as the driveway it serves.
C. 
It shall be unlawful to construct or maintain any driveway or approach in or across any public walk in the City where this necessitates any interference with or change in the grade of any public sidewalk, curb or parkway without having first obtained a permit therefor from the City Council. Applications for such permits shall state the size, location and material to be used in such driveway or approach; and it shall be unlawful to depart from any such specifications or vary from them without permission from the City Council.
D. 
A fee as set forth in Chapter 63, Fees, shall be paid for such permit.
[Amended 6-14-2010 by Ord. No. 2010-4]
E. 
It shall be the duty of the person, firm or corporation maintaining such driveway or approach to keep the same free from snow and ice or any other obstruction, and to keep the same in good repair where the same crosses a public sidewalk.
[Amended 6-14-2010 by Ord. No. 2010-4]
Any person, firm or corporation violating any provision of this chapter shall be fined in an amount not to exceed $750 for each offense; and a separate offense shall be deemed committed on each day during or on which the violation occurs or continues.