[Ord. 21-1968, 69 § 1, passed 9-9-1968; Ord. 66-1972, 73 § 1, passed 3-12-1973; Ord. 67-1984, 85 § 1,
passed 5-13-1985]
For the purpose of regulating traffic pursuant to the police
power of the City and to insure the safety of pedestrian traffic,
the following streets are hereby designated Mall Streets, subject
to the provisions of this article:
(a)
Liberty Street, from the southern curb line of Spring Street to the
northern curb line of Cumberland Street.
(b)
Liberty Street, from the southern curb line of Cumberland Street
to the northern curb line of Walton Street.
(c)
Orchard Avenue, from the eastern curb line of Eleventh Street to
the western curb line of Jones Street.
(d)
An unnamed street between Jones Street and Eleventh Street and running
from Orchard Avenue to Meade street, from the northern building line
of Orchard Avenue northward 42 feet.
(e)
Chapel street, from the southern curb line of Spring Street to the
northern curb line of Cumberland Street.
[Ord. 21-1968, 69 § 2, passed 9-9-1968]
In any Mall Street, no person shall operate or park any vehicle,
including but not limited to automobiles, trucks, motorcycles and
bicycles, on such street, other than the following:
(a)
Emergency vehicles.
(b)
Public vehicles and equipment.
(c)
Vehicles and equipment engaged in the construction or maintenance
of such street.
(d)
Construction vehicles and equipment while engaged in the construction,
repair or demolition of any building or structures adjacent to such
street, provided that all necessary permits had been first obtained
from the proper City Departments.
(e)
Permits for any vehicular use of such street other than those permitted
herein shall be obtained from the Director of the Department of Streets
and Public Improvements.
[Ord. 21-1968, 69 § 3, passed 9-9-1968]
No person shall operate, park, load or unload on any Mall Street any vehicle or equipment, including those permitted under Section 507.02 hereof, in such manner as to mark, stain or damage the surface of such street or any structures, fixtures, appurtenances and features thereon by any means including but not limited to wheel marks, oil drippings and excess weight.
Any person operating or causing the operation of any such vehicle
or equipment which so marks, stains or otherwise damages such surface
or structures, fixtures, appurtenances and features shall be responsible
for replacing, repairing or correcting the same to the satisfaction
of the City, and, upon failure to do so, shall be responsible to the
City for the cost of such replacement, repair or correction.
[Ord. 21-1968, 69 § 4, passed 9-9-1968]
(a)
The administration and enforcement of this article shall be the joint
responsibility of the Department of Public Safety and the Department
of Streets and Public Improvements, and the Directors of such Departments
are hereby authorized jointly to promulgate regulations concerning
the use of Mall Streets. Such regulations may provide for the installation
on such streets of various features including but not limited to the
following:
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Light standards
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Special paving
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Benches
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Blockstone paving
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Waste receptacles
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Stairs
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Display cases
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Curbs
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Flag poles and flag pole sockets
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Catch basin grilles
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Signs
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Fire hydrants
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Manhole and vault covers
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Fire and police call boxes
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Canopies
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Bus stop markers
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Planters
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Water displays
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Kiosks
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Trees and shrubs
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Drinking fountains
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Traffic control poles
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Fences
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Recreation equipment
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Telephone booths
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(b)
The regulations provided for herein shall set forth a procedure whereby
permits may be granted for the use of such streets for the purposes
set forth in (a) above. Such regulations may provide for the changing
of fees for such permits subject to the approval of Council. No permit
shall be required for use of such streets by the City for public purposes.
(c)
The permits shall be in the nature of revocable licenses and shall
contain, among other things, requirements that the user shall:
(1)
Before erecting the feature, obtain the written consent of any
abutting property owners, when required to do so by the City;
(2)
Indemnify and defend the City against any claims arising by
reason of the construction, use and/or maintenance of the feature;
and
(3)
Remove the feature upon notice to do so from the City, and upon
failure of the user to remove the feature within the time specified
in the notice, the City shall have the right to remove the same at
the cost of the user and within the time specified in the notice.
The City shall have the right to remove the same at the cost of the
user and without liability to the user or any other person.
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The Directors referred to herein may require the user to provide
proper insurance for the protection of the City, at the user's
expense, naming the City as an additional insured, which insurance
shall be noncancellable except upon ninety days' prior written
notice to the City.
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[Ord. 21-1968, 69 § 5, passed 9-9-1968]
(a)
In Mall Streets, the owners or occupiers of property abutting thereon
shall not be responsible for the installation, maintenance and resurfacing
of the portion of the right of way which was formerly customary sidewalk
area, and the City shall be responsible for such installation, maintenance
and resurfacing. The City may, at its discretion, resurface vault
areas or require the owners or occupiers of abutting property to do
so. Such owners or occupiers shall continue to be responsible for
the installation, maintenance, proper repair, structural soundness
and removal of vaults. The term "vault" includes basements which extend
under the surface of the street right of way.
(b)
In Mall Streets, such owners or occupiers shall be responsible for
removal of snow from and for cleaning of the portion of the right
of way which was formerly customary sidewalk area.
[Ord. 21-1968, 69 § 6, passed 9-9-1968; Ord. 40-1970, 71 § 7, passed 5-24-1971]
Whoever violates any provision of this article shall, upon conviction
before any alderman, magistrate or district justice pay a fine of
not more than $300 and/or be imprisoned not more than 90 days. Each
day's violation shall constitute a separate offense. The penalties
imposed under this section shall be in addition to any other remedies
provided by this article.
