The purpose of this article is to regulate the
manner in which people shall conduct themselves on the sidewalks and
streets of the City to ensure the protection of the public health,
safety, and welfare, and to preserve the aesthetic beauty of the City.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
A public roadway wherein the roadway does not exceed 12 feet
in width.
The entire width between the boundary lines of every highway
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
Every road or driveway not open to the use of the public
for purposes of vehicular travel.
That portion of a highway improved, designed or ordinarily
used for vehicular travel exclusive of the berm or shoulder.
Any walkway laid out by the City which is customarily preserved
for pedestrian travel but which does not include footpaths or portions
of private roads which are worn only by travel and are not improved
by the City or by the abutting property owners.
[Amended 12-1-2020 by Ord. No. 24-2020]
A.
It shall be unlawful for any person to consume an
alcoholic beverage upon any alley, highway, roadway, street or sidewalk
as well as any area of private property, including but not limited
to a parking lot or accessway, which is open to the public.
B.
A person shall be presumed to have consumed an alcoholic
beverage in violation of this section if an unsealed container of
an alcoholic beverage is in the possession of the person, the contents
of the alcoholic beverage have been partially consumed, and the physical
appearance or conduct of the person may be associated with the consumption
of an alcoholic beverage.
C.
For purposes of this section, the term "unsealed container"
shall mean a container with its original seal broken or a container
such as a glass or cup.
A.
No person shall discard, place or throw any bottles,
cans, debris, garbage, glass, paper, trash, or litter of any kind
upon any alley, sidewalk, street or parking lot within the City except
in proper containers or in compliance with trash collection regulations.
B.
No person shall transport garbage, junk, refuse or
trash in any manner upon the alleys, streets, or parking lots within
the City in such a manner as to allow it to be strewn about.
It shall be unlawful for any person to obstruct
the free flow of pedestrian traffic on any sidewalk or vehicular traffic
on any street without a legal permit or a lawful purpose.
A.
Gates and fences. No person shall allow any fence
or gate to remain open across any alley, sidewalk, street or parking
lot within the City so as to obstruct the free flow of pedestrian
traffic or vehicular traffic.
B.
Height of wires or similar devices. No person shall
erect, install or maintain any cables, lines, wires or similar devices
to be affixed to any building, pole or other structure so that it
shall be suspended at a distance of less than eight feet above the
surface of any alley, sidewalk, street or parking lot.
C.
Loitering. No persons shall congregate, without lawful
purpose, upon the alleys, sidewalks, streets or parking lots of the
City so as to obstruct the free flow of pedestrian traffic or vehicular
traffic.
D.
Placement of objects. No person shall place any object
upon the alleys, sidewalks, streets or parking lots within the City
so as to obstruct the free flow of pedestrian traffic or vehicular
traffic. However, the merchants within the Central Business District
shall be permitted to conduct sidewalk sales of merchandise on a regularly
recurring basis as has been the custom within the City.
A.
Purpose. The Board of Commissioners finds that the
regulation of bicycles, roller blades, roller skates, skateboards
and similar device within the Central Business District is an important
public concern and is necessary to promote the public health, safety
and welfare.
B.
Prohibition. It shall be unlawful for any person to
operate or use a bicycle, roller blades, roller skates, skateboards,
or similar devices on the sidewalks within the Central Business District
which shall be defined as follows:
(1)
Buck Street from Main Street to Broad Street inclusive
(both sides).
(2)
High Street from Smith Street to Harrison Avenue inclusive
(both sides).
(3)
Second Street from Main Street to Broad Street inclusive
(both sides).
(4)
Oak Street from Buck Street to Second Street inclusive
(both sides).
(5)
Vine Street from Buck Street to Second Street inclusive
(both sides).
(6)
Mulberry Street from Buck Street to Second Street
inclusive (both sides).
(7)
Pine Street from Buck Street to Second Street inclusive
(both sides).
(8)
Sassafras Street from Buck Street to Second Street
inclusive (both sides).
C.
Parental responsibility. It shall be unlawful for
any parent or guardian having legal custody of a minor child to knowingly
permit, or by inefficient control to allow such minor to violate this
section of the Municipal Code. The term "knowingly" includes knowledge
which a parent or guardian should reasonably be expected to have concerning
the whereabouts of a minor child in their legal custody. It is intended
by this subsection to keep neglectful or careless parents or legal
guardians up to a reasonable community standard of parental responsibility
through an objective test. It shall be no defense that a parent or
legal guardian was completely indifferent to the activities, conduct
or whereabouts of a minor child in their legal custody.
No person shall throw any bottle, can, stone
or hard object of any type from a moving motor vehicle or at a moving
motor vehicle, or onto the alleys, sidewalks, streets or parking lots
within the City from any location.
