Any person who undertakes to occupy or use any of the streets, parks, bridges or other public places or public property or any public easement of any description in a manner not permitted to the general public, without having first legally obtained the consent thereto of the City Council or a franchise therefor shall, upon conviction thereof, be punished as provided in §
1-13 of this Code, and such occupancy shall be deemed a nuisance, and the court or judge trying the case may cause such nuisance to be abated and to commit the offenders and all their agents and employees engaged in such offenses to jail until such order of the court shall be obeyed.
It shall be unlawful for any person to use or occupy any street of the
City for any purpose which will increase or cause unnecessary noise, odors
or fumes.
No flagpole shall be erected in any of the streets of the City except
when flags are to be flown for decoration purposes which have been authorized
by the City Manager.
The City Manager or his authorized representative shall have the right to stop travel on any street when the street is being repaved or improved, if he deems it necessary, and the City Manager shall also have the right to stop travel on any street when requested by a practicing physician to do so for the protection and comfort of a patient during serious illness. This shall be done by ropes which shall be marked by some white cloth during the daytime and by lighted lanterns at night. Anyone removing, cutting or interfering with barricades or lights placed for the purpose of stopping travel on streets or driving or riding on those portions of the streets so cut off or in any way encroaching upon or interfering with any portion of the streets of the City when they are being repaved or improved shall be subject to the penalties provided in §
1-13 of this Code.
It shall be unlawful for any person to drive a bulldozer, shovel or
any other equipment with Caterpillar or iron track on surfaced streets of
the City or to move or drag any object through or over the streets which is
not mounted on wheels which will not damage the surface or to haul dirt or
mud or to use any truck or vehicle which carries mud onto the surface of any
street within the City or to so load trucks that sand, dirt or trash of any
kind may be dropped on the streets, without first obtaining a permit from
the City Manager for so doing.
No person shall occupy with goods, boxes or other things any portion
of the sidewalk in front of his house or place of business or any place above
the surface of the sidewalk by hanging or fastening goods or other things
to the side of his storehouse or other place of business.
No person shall obstruct or block any street, sidewalk or walkway unless permitted so to do by ordinance or unless a written permit so to do is first obtained from the City Manager. If any person shall unlawfully obstruct or block any street, sidewalk or walkway and shall fail to remove such obstruction at once after having been notified by the City Manager or by any officer of the City, it shall be the duty of the City Manager to cause the obstruction to be removed at the expense of the person causing such obstruction, and such claim shall be collected as other claims due the City are collected. In addition thereto, any person convicted of violating the provisions of this section may be punished as provided in §
1-13 of this Code.
No telephone, telegraph or power company shall erect any poles in any
street, sidewalk or other public place except by express authority in its
franchise or unless a written permit so to do is first obtained from the City
Manager. Such permit shall specify the height of such poles, and such poles
shall be located or moved according to the direction of the City Manager.
All poles as may be erected along any paved street or sidewalk shall be neatly
painted at least a distance of six feet from the ground within 30 days after
being placed in position, if so required by the City Manager, and all such
poles, wires and appurtenances thereto shall be kept in good repair and in
a safe condition.
This Article shall apply to improvements on streets and roads dedicated
for public use prior to July 1, 1950, which have a right-of-way of not less
than 30 feet.
When the property owners owning 60% of the footage on each side of any
street or road or 70% of the footage on one side of any street or road make
an application for street or road improvements and the City Council decides
that such improvements should be made, such improvements shall be made on
the following conditions:
A. When 50% or more of the abutting properties have buildings
or permits have been issued for buildings on 50% of each 100 feet on each
side or 70% on one side of such street or road, the full cost of such construction
will be borne by the City.
B. When property owners owning 60% of the footage on each
side of any street or road or 70% on one side make application to extend any
street or road more than 100 feet and buildings have not been erected nor
permits issued for buildings on 50% of each 100 feet on each side of such
street or road or 70% on one side, the City will grade and put in necessary
culverts and not less than four inches of base stone, and the property owners
will pay in full for this construction. When necessary financial arrangements
have been made for construction by property owners owning 60% or more of the
frontage on such street or road, the other property owners shall be assessed
their proportionate share. Any assessments made under this subsection shall
be a lien against the property and collected as taxes.
C. All rights-of-way for streets or roads must be furnished
by the owners of the property abutting on such streets or roads.
When a request is made by property owners owning 60% of the abutting
footage on any street or road, or furnishing rights-of-way for such lines
if the City Council should decide it not practical to follow road or street
rights-of-way, water- and sewer lines will be laid under the following conditions:
A. When 50% or more of the abutting property owners have
buildings or permits have been issued for buildings on each 100 feet on each
side of such street or road or 70% on one side, the full cost of such water-
and sewer line extension shall be borne by the City.
B. When property owners owning 60% of the abutting footage
on each side of any street or road or 70% on one side make application for
water and sewer extension, which extension shall be more than 100 feet and
buildings have not been erected nor permits issued for buildings on each one-hundred-foot
frontage on each side of such street or road or 70% on one side, the City
will lay such lines, the City bearing the cost of waterlines, and the cost
of sewer line construction shall be borne by the property owners. When financial
arrangements have been made by 60% or more of the property owners on each
side of the street or 70% on one side, such line shall be laid and the other
property owners shall be assessed their proportionate share. Any assessments
made shall be a lien against property and collected as taxes.
When application is made by 75% of the property owners in any block
for curb and gutters, an estimated cost of construction shall be made by the
City Manager and submitted to the City Council for approval. If approved by
the Council such curbs and gutters shall be constructed, 50% of the cost thereof
to be paid by the property owners and 50% paid by the City. When 75% or more
of the property owners in any block have made a satisfactory agreement for
construction, the other property owners shall be assessed their proportionate
share. Any assessments made shall be a lien against the property and collected
as taxes.
When property owners owning 60% of the footage in one block abutting
on any street request that a sidewalk be constructed along their property,
the City will construct such walk, 50% of cost thereof shall be paid by such
property owners, the City bearing the other 50%. When satisfactory financial
agreement has been made by 60% or more of the property owners in one block,
the other property owners shall be assessed their proportionate share. Any
assessments made shall be a lien against such property and collected as taxes.
A street having less than 40% feet right-of-way is not considered wide enough
for sidewalks.