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§ 33-1 Names of certain streets changed.
§ 33-2 Street and sidewalk obstructions generally.
§ 33-3 Erection of fences or other barricades in streets or alleys.
§ 33-4 Assemblies interfering with free passage on streets.
§ 33-5 Permits for parades or gatherings.
§ 33-5.1 Block parties.
§ 33-6 Iron gratings or lights on sidewalks or crosswalks.
§ 33-7 Occupancy of space under streets and sidewalks generally.
§ 33-8 Coal holes and manhole covers in sidewalks.
§ 33-9 Use of elevator opening on street or other public place.
§ 33-10 Pouring or spilling oil on pavement.
§ 33-11 Fires on pavements.
§ 33-12 Moving steam boilers, traction engines or other heavy objects on paved street or alley.
§ 33-13 Draining water or other fluids into streets.
§ 33-14 Deposit of injurious matter on streets and sidewalks.
§ 33-15 Damaging or removing sidewalks, crosswalks or driveways.
§ 33-16 Removal of street warning barriers, signals, etc.
§ 33-17 Responsibility for maintenance of parkways.
§ 33-18 Owners or occupants of adjacent property not to permit snow, ice or rubbish to remain on sidewalks or alleys.
§ 33-19 Deposit of snow on streets and sidewalks.
§ 33-20 Removal of snow and other obstructions by City at expense of owner or occupant of adjacent property.
§ 33-21 References in chapter.
§ 33-22 Skateboards, roller skates, scooters and similar devices.
§ 33-23 City parks/public spaces.
§ 33-24 through § 33-32. (Reserved)
§ 33-1 Names of certain streets changed.
[Adm. Code §§ A103.1-A103.3]
The names of the streets hereinafter set out
shall be changed as follows:
|
Former Name
|
New Name
|
Effective Date
|
|---|---|---|
|
Ada Street, between Cobb Avenue and Staples
Avenue
|
Nola Street
|
3-25-1957
|
|
Adams Street (Sec. 34)
|
Albany Street
|
2-15-1962
|
|
Alcott Court
|
West Alcott Street
|
3-25-1957
|
|
Bronson Court
|
Sally's Court
|
3-25-1957
|
|
Buena Vista Street (Sec. 29), from Parkview
Avenue to its northern terminus
|
Vista
|
1-1-1966
|
|
Burrell Place
|
Lawrence Street
|
3-25-1957
|
|
Cambridge Road
|
Dover Road
|
3-25-1957
|
|
Carlton Court
|
Cadillac Street
|
3-25-1957
|
|
Cherry Avenue
|
Redwood Avenue
|
3-25-1957
|
|
Colon Farm Road and 12th Street, along the west
boundary of the City, from Parkview Avenue northward to the north
City limits
|
Drake Road
|
7-1-1974
|
|
Crawford Court
|
Hickory Court
|
3-25-1957
|
|
Crest Street (Sec. 17)
|
Lawn Drive
|
2-15-1962
|
|
Edgewood Place
|
Westchester Lane
|
3-25-1957
|
|
Elm Place (Sec. 16, only that portion of Elm
Place lying west of Kalamazoo-Michigan Avenue connector)
|
Creek Street
|
1-1-1966
|
|
Emerald Drive (Sec. 35 and 36, 3 noncontinuous
loop streets from Cork Street to its southern terminus)
|
Pennway Street
|
6-1-1965
|
|
Field Court
|
Fenwick Place
|
3-25-1957
|
|
Fisher Court
|
Federal Court
|
3-25-1957
|
|
Fletcher Place
|
Skinner Drive
|
3-25-1957
|
|
Franklin Circle
|
Franklin Street
|
3-25-1957
|
|
Fredrick Place
|
Evergreen Drive
|
3-25-1957
|
|
Garfield Court
|
Vandersalm Court
|
3-25-1957
|
|
Gibson Street
|
Cameron Street
|
3-25-1957
|
|
Glen Road
|
Peake Road
|
3-25-1957
|
|
Glenwood Avenue
|
Knollwood Avenue
|
3-25-1957
|
|
Grand Prairie Street
|
Alamo Avenue
|
3-21-66
|
|
Hillandale Drive South (Sec. 33, extending from
Hallandale Drive East to Lakeside Drive)
|
White Oak Drive
|
3-25-1957
|
|
Hawley Court
|
Hawley Street
|
3-25-1957
|
|
King Avenue
|
Kent Avenue
|
3-25-1957
|
|
Lookout Street
|
LaRue Street
|
3-25-1957
|
|
Madison Avenue
|
Sutherland Avenue
|
3-25-1957
|
|
Melrose Street
|
Lay Boulevard
|
3-25-1957
|
|
Michigan Avenue (Lovell to South)
|
Oakland Drive
|
8-11-1958
|
|
Morgan Avenue
|
Farrell Avenue
|
3-25-1957
|
|
Nelson Court
|
Stetson Court
|
3-25-1957
|
|
Norwood Avenue (Sec. 29 from Parkway Avenue
to its northern terminus)
|
Broadway Street
|
6-1-1965
|
|
Parker Street
|
Pioneer Street
|
5-6-1957
|
|
Penndel Street (Sec. 36 from Cork Street to
its southern terminus)
|
Emerald Drive
|
6-1-1965
|
|
Stearns Avenue
|
Buckingham Avenue
|
3-25-1957
|
|
Sunnydale Avenue (Hill'N'Brook Plat)
|
Edgecliff Lane
|
2-24-1958
|
|
Thomas Avenue
|
Centerridge Road
|
2-24-1958
|
|
Upjohn Court
|
Patterson Court
|
3-25-1957
|
|
Vande Giessen Road (South of U.S. 12)
|
Waite Avenue
|
5-6-1957
|
|
Unnamed (U.S. 12-Lovell to South)
|
Michigan Avenue
|
8-11-1958
|
|
Unnamed access street to Milwood Jr. High (Miller
Road south to Cambridge Drive)
|
Balkema Street
|
8-11-1958
|
|
Unnamed street providing access from Michigan
Avenue to Elm Street
|
Elm Crossover
|
1-1-1966
|
|
Unnamed street extending from Intersection of
Kalamazoo Avenue and Westnedge Avenue to intersection of West Main
Street and Michigan Avenue
|
Michikal Road
|
1-1-1966
|
|
Unnamed (Section P-2, an east-west street located
between Portage Road and the airport parking area)
|
Airport Drive
|
6-3-1971
|
§ 33-2 Street and sidewalk obstructions generally.
[P&L Code § PL813]
It shall be unlawful for any person to place,
or suffer to be placed, any sign, structure, wire, encumbrance, encroachment,
merchandise or obstruction upon, in or over any street or alley, or
upon or over any sidewalk or crosswalk in the City, which shall in
any manner impede, obstruct or prevent full, clear and free passage
over the entire width of such street, alley, sidewalk or crosswalk.
This section shall not apply to the use of any street, sidewalk, crosswalk
or alley in accord with the provisions of any license or permit issued
by the City for such use.
§ 33-3 Erection of fences or other barricades in streets or alleys.
[P&L Code § PL714; amended 11-3-2003 by Ord. No.
1761]
It shall be unlawful for any person to construct,
place, build or maintain, or cause to be constructed, placed, built
or maintained, any fence, railing, wire or barrier of any name or
nature, on any portion of any street or alley of the City, without
having first obtained the written approval of the City Manager or
his/her designee.
§ 33-4 Assemblies interfering with free passage on streets.
[P&L Code § PL718]
It shall be unlawful for any person or persons
to make any public address, beat drums, blow horns or assemble or
gather for speaking, shouting, singing or playing of instruments in
such a manner as to cause interference with the free passage of persons
and vehicles on any public street in the City. This section shall
not apply to parades and gatherings conducted in accord with a permit
issued under § 33-5.
§ 33-5 Permits for parades or gatherings.
[P&L Code § PL717; amended 11-3-2003 by Ord. No.
1761]
A. No person or group of persons shall use any of the
streets, alleys or public grounds in the City for the purpose of a
special event, including special events at which food, drink, or merchandise
is sold; or for a parade, march or gathering without first obtaining
a permit so to do from the City. Application for an event shall be
filed with the City Clerk, in writing, stating the time when and place
where it is proposed to march or parade, or the public grounds intended
to be occupied. Upon the filing of such application, a permit may
be granted by the City Manager, or his/her designee; provided that,
in the event that the place where it is proposed to march or parade
includes any portion of a U.S. highway or state trunk line highway,
the person or persons desiring the use of such highway must also obtain
a permit from the state highway department, and without such permit
from the state highway department, they shall be refused the use of
any portion of such U.S. highway or state trunk line highway for the
purpose of a parade, march or gathering. Any person who shall hold
any parade or gathering without complying with this section shall
be deemed guilty of a misdemeanor.
B. Any applicant for a permit for an event which has
been denied by the City Manager, or his/her designee, may appeal the
denial to the City Commission, provided that such appeal is filed
in writing with the City Clerk's Office within 10 days of notification
of the denial, and provided further that said appeal is filed no later
than 21 days before the requested date of the event. The City Commission
may adopt a resolution governing rules for such appeals.
§ 33-5.1 Block parties.
[Added 3-28-1988 by Ord. No. 1437]
The City Manager may approve temporary closings
of portions of streets, designated as local streets, for the purpose
of neighborhood gatherings or block parties under such conditions
as the City Commission may from time to time require. Permission to
hold such block parties shall be requested by making written application
to the City Clerk.
§ 33-6 Iron gratings or lights on sidewalks or crosswalks.
[P.S. Code § PS301.3417]
No open iron gratings or sidewalk lights shall
be placed in any sidewalk or crosswalk on any street, alley or other
public place.
§ 33-7 Occupancy of space under streets and sidewalks generally.
[P.S. Code § PS301.3417]
No space under the surface of any sidewalk,
street, alley or other public place may be occupied by any person;
provided, however, that the City Commission may grant permission,
by resolution, to occupy such space, under those specifications and
regulations prescribed in such resolution. This section shall not
apply to the occupancy and use of such space specifically authorized
by other provisions of this article or other ordinance.
§ 33-8 Coal holes and manhole covers in sidewalks.
[P.S. Code § PS301.3417]
No coal hole, manhole cover, doorway or other
opening shall be placed in any sidewalk on any street, alley or other
public place in the City, without having first obtained permission
to do so from the Department of Public Works.
§ 33-9 Use of elevator opening on street or other public place.
[P. & L. Code § PL722]
It shall be unlawful for any person to use any
elevator opening upon any sidewalk, alley, street or other public
place in the City, unless a person is stationed at the opening of
such elevator to warn and give notice of such use to other persons
using the sidewalk, alley, street or public place.
§ 33-10 Pouring or spilling oil on pavement.
[P. & L. Code § PL701]
It shall be unlawful for any person to pour
or spill or permit to drip, upon any pavement laid on any street,
alley or public place in the City, any kerosene, benzine or other
similar oil or oily substance or liquid.
§ 33-11 Fires on pavements.
Editor's Note: See § 15-41 for provisions
related to open burning.
[P. & L. Code § PL704]
It shall be unlawful for any person to burn
or cause to be burned, on any of the paved streets of the City, any
leaves, dead grass or other substances, or to build or cause to be
built any bonfires on any such street.
§ 33-12 Moving steam boilers, traction engines or other heavy objects on paved street or alley.
[P. & L. Code §§ PL711,
PL712]
It shall be unlawful for any person to move,
propel, or cause to be moved or propelled, any steam boiler, traction
engine or other heavy object into, along or over any paved street
or alley, without written permission first being obtained from the
City Engineer, designating the route to be used. No steam boiler,
traction engine or other heavy object shall be moved or propelled
into, along or across any paved street or alley, unless the wheels
under the same are so guarded as to prevent such wheels from cutting,
breaking or injuring the pavement. In the event such traction engine
or other heavy object is propelled on corrugated wheels, equipped
with lugs or studs, the City Engineer shall designate the method to
be used to protect the pavement.
§ 33-13 Draining water or other fluids into streets.
[P. & L. Code § PL707]
It shall be unlawful for any person to drain,
from any building or premises owned or occupied by him, by means of
pipes or any other device whatever, water or any other fluids to and
upon any portion of the public streets of the City.
§ 33-14 Deposit of injurious matter on streets and sidewalks.
[P. & L. Code § PL710]
It shall be unlawful for any person to place,
distribute or deposit, or cause to be placed, distributed or deposited,
in or upon any public street, alley, sidewalk or public place within
the City limits, or in or upon any public or private driveway therein,
any tacks, nails, glass or other substance or material whatsoever,
having a necessary or direct tendency to injure the tires of any automobile,
bicycle or other vehicle.
§ 33-15 Damaging or removing sidewalks, crosswalks or driveways.
[P.S. Code § 301.3416]
No person shall injure or destroy any sidewalk,
crosswalk or driveway on any street, alley or other public place in
the City, in any way or by any means. No person shall remove any sidewalk,
crosswalk or driveway on any street, alley or other public place in
the City, without first having obtained permission to do so from the
Department of Public Works.
§ 33-16 Removal of street warning barriers, signals, etc.
[P. & L. Code § PL715]
It shall be unlawful for any person to take
down or remove any fence, barrier or signal, extinguish any light
or remove or deface any sign used as a signal, where such fence, barrier,
signal, light or sign has been placed in or adjacent to any public
street or alley to warn persons of a place of danger or to protect
them from injury until work lawfully being done is completed.
§ 33-17 Responsibility for maintenance of parkways.
[P.S. Code § PS301.5]
A. For the purposes of this section, a "parkway" is that
portion of a City street consisting of a strip of land lying either
in the middle of the street between the travel lanes or along the
side of the street between the travel lane (gutter, if present) and
the sidewalk, or the property line, if there is no sidewalk, intended
to be kept as a park-like space.
B. It shall be the duty of the Director of Parks and
Recreation to maintain parkways located in the middle of streets.
C. It shall be the duty of all owners or occupants of
premises to maintain any parkway located along the street in front
of or adjacent to such premises in a good and park-like condition
which shall, in all instances, be at least equal to the standard maintained
throughout the neighborhood.
§ 33-18 Owners or occupants of adjacent property not to permit snow, ice or rubbish to remain on sidewalks or alleys.
[P. & L. Code § PL707; amended 4-6-1994 by Ord. No.
1573]
It shall be unlawful for the owner or occupant
of any lot or building within the corporate limits of the City to
permit or suffer to remain, on the sidewalk opposite and in front
of such lot or building or on any alley adjacent thereto, any snow,
ice or rubbish of any kind. If said owner or occupant removes snow,
ice or rubbish within 48 hours after receiving an appearance ticket
or a summons and complaint of a violation of this section, the appearance
ticket or complaint shall be dismissed.
§ 33-19 Deposit of snow on streets and sidewalks.
[P. & L. Code § PL708]
It shall be unlawful for any person to deposit
or cause to be deposited any accumulation of snow or ice from roofs
of buildings, publicly or privately owned parking lots, drive-in service
places and other off-street areas, upon any street, alley, sidewalk
or crosswalk. Snow naturally falling on a public right-of-way may
be deposited in the area between the curb and walk or in the gutter.
§ 33-20 Removal of snow and other obstructions by City at expense of owner or occupant of adjacent property.
[P&L Code § PL709]
In case any person who shall have caused the
same shall neglect or refuse to remove any obstruction, encumbrance,
encroachment, merchandise, snow, ice or rubbish from the streets or
walks in front of the lot owned or occupied by him, or from the alley
adjacent thereto, after having been notified so to do at the direction
of the Chief of Police or other authorized officer, the City may,
if it shall deem it for the public interest, cause the same to be
removed at once, and the expense of such removal may be recovered
against the person so neglecting or refusing to remove the same, in
an action of assumpsit, in the name of the City, with costs of suit,
in addition to any fine to which such person may be liable.
§ 33-21 References in chapter.
[Added 9-7-1982 by Ord. No. 1268]
All references in this chapter to the "Department
of Public Works" shall mean the "Department of Public Services." All
references to the "Director of Public Works" shall mean the "Director
of Public Services or his or her designee."
§ 33-22 Skateboards, roller skates, scooters and similar devices.
[Added 9-19-1988 by Ord. No. 1446; amended 4-16-2001 by Ord. No.
1720]
A. No person shall use any skateboard, roller skates,
scooter, or similar contrivance for any purpose:
(1) On any state trunk line highway or designated major
street within the City, as established or designated pursuant to Public
Act 51 of 1951, being MCLA § 247.651 et seq. (Map is available
for inspection in the office of the City Clerk).
(2) In any publicly owned or operated parking lot or ramp
within the City.
(3) Notwithstanding any other provision of this chapter,
no person shall use any skateboard, rollerblades, roller skates, scooters,
ride bicycles or any other similar contrivance at any time in Bronson
Park, or any sidewalks adjacent to Bronson Park, except that sworn
personnel of the Kalamazoo Department of Public Safety may ride bicycles
in Bronson Park in the course of their job duties. All other citizens
must walk bicycles through Bronson Park and on adjacent sidewalks.
(4) On any walkway, street, plaza, sidewalk, park or other
publicly owned or leased property within the area bounded on the north
by the north right-of-way line of Water Street; on the west by the
west right-of-way line of Park Street; on the south by the south right-of-way
line of Lovell Street; and on the east by the east right-of-way line
of Pitcher Street, except such uses shall be permitted between the
hours of 7:00 p.m. and 7:00 a.m., Monday through Friday, and between
the hours of 12:00 noon and 7:00 a.m. on Saturday, Sunday and holidays.
(See map in the office of the City Clerk).
B. Any person who shall use a skateboard, roller skates,
scooter or other similar contrivance on any street where permitted
within the City shall not hinder or impede the passage of pedestrians
or vehicles.
C. Any person who shall use a skateboard, roller skates,
or scooter or other similar contrivance on a sidewalk, walkway or
other pedestrian facility where permitted within the City shall yield
the right-of-way to all pedestrians upon said sidewalk, walkway or
other pedestrian facility.
D. No person shall ride on or in any manner use any skateboard,
roller skates, scooter or similar contrivance which is being towed
by any vehicle, bicycle or pedal-powered contrivance within the City.
E. Any person who shall violate this section shall be
responsible for a civil infraction, as defined by RJA § 113,
being MCLA § 600.113, for which a civil fine not to exceed
$100 may be imposed, except that a fine of not less than $50 shall
be imposed for a first finding of responsibility under Subsection
A(3) of this section. For any violation of Subsection A(3) of this
section occurring within one year of a previous finding of responsibility
of that section, the fine imposed responsibility shall be at least
twice the amount of the fine imposed for the previous finding of responsibility,
except that no fine shall exceed $500.
§ 33-23 City parks/public spaces.
Editor's Note: See also Ch. 23, Parks and
Recreation.
[Added 11-4-2002 by Ord. No. 1748; amended 7-31-2006 by Ord. No.
1807; 5-17-2010 by Ord. No. 1867]
The following applies to all City parks, which for purposes
of this section, and this section only, shall be defined to include
all outdoor areas owned or leased by the City or the City's Building
Authority that are open to the public:
A. No person shall enter into, remain in, or use any park at which hours
of operation are restricted except during the park's posted hours
of operation; nor may a person engage in activities that are prohibited
by posted rules.
B. In those parks that are open to the public during nighttime hours,
no sleeping is permitted between the hours of 9:00 p.m. and 7:00 a.m.
C. Fishing is not permitted in any park except where specifically designated
at Spring Valley Park, Mayors' Riverfront Park, Rose Park, Verburg
Park, and Woods Lake Beach Park.
D. The operation and the parking of motor vehicles is permitted only
on approved surfaces, or in areas specifically designated for the
operation and/or parking of motor vehicles, unless otherwise approved
by the City. Any vehicle parked in violation of this subsection may
be issued a civil parking citation, and, in the City's sole discretion,
may be towed and impounded at the owner's sole expense.
E. Camping in any park is prohibited without written permission of the
City.
F. No person shall pick, damage, or remove any flora, whether wild or
domesticated, in any park, dig or move soil, or cut or remove a tree
or any part of a tree at any park without permission of the City.
The spraying, defacing, or painting of any tree, building, or any
other portion of any park is prohibited.
G. Swimming or wading is prohibited except at Kik Pool and Woods Lake
Beach Park during designated hours.
H. Bicycles, skateboards, scooters, and other similar contrivances may
be operated only on surfaces designated for use by motor vehicles
or on designated bicycle paths or skateboard areas. Bicycles must
be walked through Bronson Park. No bicycles are permitted in Blanche
Hull Park, except on bike trailways that are identified as such by
posted signs.
I. All dogs must be securely held and controlled on a leash no longer
than six feet in length, except in such areas as the City may post
and identify by appropriate signs as permitting dogs to be at large.
Under no circumstances, however, shall a person allow a dog (other
than a service dog), on or off a leash, to be upon the sandy beach
near, or in the water at, the public swimming area at the Woods Lake
Park.
J. All dog owners and those in control of any dog shall immediately
pick up any fecal matter deposited in any park and dispose of it in
a proper receptacle.
K. No person shall build or maintain a fire in any park except in a
City-provided grill or in grills brought to the park by the user.
Where permitted, grills shall be used only for the preparation of
food, shall never be placed upon a picnic table, and shall be elevated
such that the bottom of the grill is no less the 25 inches above the
ground. Under no circumstances shall a person build or maintain a
fire, in a grill or otherwise, in Bronson Park or on the grounds adjacent
to City Hall unless specially permitted in writing by the City.
L. No person shall set up a tent, or awning, or similar structures that
are held up by stakes or similar devices without written approval
from the City.
M. Sleeping or lying down to rest is not permitted at any time on a
paved or otherwise improved surface, including stages or other elevated
areas.
N. No person shall consume or possess alcoholic beverages in a park
except during events where such possession or consumption is expressly
permitted by the City.
O. No person shall wash clothing or other objects in or under park fountains,
drinking fountains, faucets, spigots, pools, lakes, rivers or creeks
within a park.
P. No person shall use an electrical outlet found within a park unless
such use is expressly authorized by the City.
Q. Park equipment, fixtures, and other objects found within parks shall
be used only for their intended purpose.
R. Areas that are publicly posted to be used for only specified uses
shall be used only for said uses.
S. A Public Safety Officer may require any person violating this or
any other City ordinance to leave any park for the balance of that
day. A person who refuses to leave after being requested to do by
a Public Safety Officer may be charged with and/or arrested for trespassing.
T. No person shall smoke in an area or at an event that is posted or
otherwise designated as being smoke-free.
U. No person shall interfere with an event or activity, public or private,
that has been specially permitted in writing by the City.
V. No person shall charge or receive money or other consideration for
admission into, activities in, or commodities of any type sold in
a park, unless specially permitted in writing by the City.
W. Unless otherwise specified, a violation of any of the above provisions
shall be a misdemeanor.
X. The fact that areas that are not formally dedicated parks are treated
herein as if parks for this section does not otherwise change the
designation of said areas, nor make such areas a City park.
Y. In the event a person is convicted of a violation of any provision
of this section, or if a person is otherwise convicted of causing
damage to any park, the court shall, as part of any sentence imposed
for such an offense, require that the defendant pay full restitution
to the City for any expenses incurred by the City as a result of the
violation and further may, as a term of probation, prohibit the person
for a period of not more than one year, from entering into or using
one or more specified parks. The court shall liberally construe this
provision in order to make the City whole.