[HISTORY: Adopted by the City Council of
the City of Lexington as §§ 15-20, 15-21, 21-1, 21-2,
21-4 to 21-10, 21-12 to 21-15, 21-20 to 21-26 and 21-28 of the 1958
Code (§§ 15-23, 15-24 and 15-29 and Ch. 21 of the 1970
Code). Amendments noted where applicable.]
The City street system is that which appears
set forth on plat duly recorded in the Clerk's office of the Circuit
Court of the county in Deed Book 153, page 433, together with such
street or streets, or portions of streets, as may be added.
[1]
Editor's Note: For state law as to streets
and alleys generally, see Code of Virginia, § 15.2-2000
et seq.
Such public alleyways, leading from street to
street in a proper line and of proper width for public use thereof,
as may be designated by the Council shall be deemed to be under the
care and management of the City Manager, but the City shall not be
liable for the maintenance thereof, other than such as it may see
fit to perform, and the City Manager may, at any time, recommend that
any such alleyway be withdrawn from the City street system.
[Added 8-3-1961; amended 12-7-1967]
A.
Generally.
(1)
Sidewalks and curbs and gutters may be installed on
a priority basis at such locations as recommended by the City Manager
and approved by the Council at no expense to adjacent or abutting
property owners. Priority of sidewalk construction will be given in
the interest of school and public safety. Priority in curb and gutter
construction will be given to storm drainage control.
B.
Installation upon request of landowners.
(1)
Generally. Landowners desiring a sidewalk or curb
and gutter to be constructed which is not in a location scheduled
for installation shall petition the Council through the City Manager,
such petition to be from not less than 3/4 of the landowners to be
affected thereby, and the landowners shall agree to pay 1/2 of the
cost of such construction, shall waive all damages by reason of such
construction, and shall deed to the City sufficient property for the
installation. Before constructing any sidewalks, curbs and gutters,
it shall be the duty of the City Manager to give not less than 10
days' notice to adjacent and abutting property owners of such proposed
installation and to advise the property owner of his right to request
the Council to review its decision.
(2)
How notice given; objections. Notice may be given
by personal service on all persons entitled to such notice, except
that notice to an infant or insane person may be served on his guardian
or committee and notice to a nonresident may be mailed to him at his
place of residence or served on any agent of his having the property
in charge, or on the tenant of the freehold, or in any case when the
owner is a nonresident, or when the owner's residence is not known,
such notice may be given by publication in some newspaper published
or having general circulation in the City once a week for four successive
weeks, or, in any case, in lieu of such personal service on the parties
or their agents and of such publication, the notice to all parties
may be given by publishing the same in some newspaper published or
having general circulation in the City once a week for two successive
weeks, the last publication to be made at least 10 days before the
parties are cited to appear. Any landowner wishing to make objections
to an assessment or apportionment may appear in person or by counsel
and state his objections.
(3)
Appeal to court; duty of Clerk of Council. If his
objections are overruled, he shall, within 30 days thereafter, but
not afterwards, have an appeal as of right to the Circuit Court of
the county. When an appeal is taken, the Clerk of the Council shall
immediately deliver to the Clerk of the Circuit Court of the county
the original notice relating to the assessment, with the judgment
of the Council, and the Clerk shall docket the same.
C.
Repair upon request of landowners. Landowners desiring
a sidewalk or curb and gutter to be repaired which is not in a location
scheduled for repair shall make a written petition to the Council,
through the City Manager, agreeing to pay 1/2 of the cost of such
repair and waiving all damages by reason of such repair.
D.
Method of payment when installation or repair upon petition. Whenever any petition for installation or repair as provided for in Subsections C and D is approved, an estimate shall be made of the proposed improvements. Upon completion of the construction, the estimated amount shall be amended to show the amount finally assessed against or appropriated to each landowner, which final amount shall in no event exceed the estimated amount.
[Amended 5-17-2007 by Ord. No. 2007-12]
Application for the construction of driveways
across existing sidewalks shall be filed with the City Manager, and,
on approval, such driveways may be constructed in accordance with
plans and specifications furnished by the City Manager and at no expense
to the City.
It shall be the duty of the City Manager to
keep himself informed of the condition of the streets and to make
or cause to be made such improvements and repairs as may be deemed
necessary.
The City Manager shall have the care and control
of the City trucks, equipment and tools for use with reference to
streets.
It shall be unlawful for any person to remove,
tamper with, destroy, break or deface, in any way, any barriers, bridges,
culverts or any other structure lawfully placed upon a street.
[Amended 11-7-1974; 5-17-2007 by Ord. No. 2007-12; 12-1-2022 by Ord. No. 2022-14]
A.
No person shall disturb the City's right-of-way, or occupy it
in a fashion that impedes pedestrian or vehicular traffic, without
first obtaining a permit from the Department of Public Works. The
word "person" as used in this section shall include any firm, association,
cooperation and utility company.
B.
Permits shall be obtained a minimum of 72 hours in advance of right-of-way
disturbance or occupancy. Emergency excavations may be made without
an advance permit, but application for a permit will be submitted
within 48 hours after commencement of the excavation.
C.
The permit application shall be made in writing describing the project,
its location, the area of street disturbance/occupancy necessary,
the contemplated dates of commencement and completion of the project,
and, when required, maintenance of traffic plans. Private utility
companies shall document the City franchise agreements that they are
operating under.
D.
Each application for a permit shall have attached a check payable
to the City Treasurer in the amount documented in the City's
current fiscal year fee schedule, which sum shall be refunded in the
event the application is denied.
E.
At the full discretion of the City Manager, any applicant who is
not otherwise under bond or a franchise may be required to post a
performance bond or, in lieu thereof, a certified check in such amount
to be determined by the City as a guarantee of compliance with the
restoration and repair requirements of this section. The amount of
such bond shall not exceed the bond required by other franchise utilities
and shall be effective for the period of one year from the date of
completion of the project.
F.
Any person disturbing the City's right-of-way shall restore
it in accordance with the City's design and construction standards.
Disturbances not covered by these standards shall be repaired in conformance
with current Virginia Department of Transportation standards. Permit
holders shall be responsible for maintaining such repairs for a period
of one year from the date of project completion.
G.
Any person who fails to obtain a permit as required by this section
or, upon issuance of a permit, fails to comply with the provisions
of this section shall be guilty of a misdemeanor and upon conviction
thereof shall be fined not less than $25 nor more than $200. Each
day's continuance thereof shall be a separate offense. Any such
violation shall be deemed a nuisance and the court or trial justice
trying the case shall have power to cause the nuisance to be abated
and to commit the offenders and all their agents and employees engaged
in such offenses in jail until such order of the court shall be obeyed.
H.
The fee and bond requirements of this section shall be waived as
to any person performing work on behalf of the City.
[Amended 12-1-2022 by Ord. No. 2022-14]
A.
All wires, cables and telecommunication devices within the City's
right-of-way shall be installed in conformance with the National Electrical
Safety Code and National Electric Code, most recent amendments. In
no instance shall these facilities be installed with less than 14
feet of vertical clearance from City streets and walks.
B.
Entities installing such infrastructure within the public right-of-way shall have franchise agreements, or permits, in effect per Chapter 142 of the Lexington City Code. Said entities shall additionally be liable for acquiring City excavation permits/right-of-way occupancy permits per § 356-8 herein.
C.
Wires, cables, and telecommunication devices shall be installed in
such a manner as to pose no threat to the health, welfare, and safety
of the public. This specifically includes the occlusion of sight lines
at street intersections and pedestrian crossings.
D.
Wires, cables, and telecommunication devices shall be installed in
such a manner as to not interfere with accessibility of the public
right-of-way.
E.
Wires, cables, and telecommunication devices shall be installed in
such a manner as to not inhibit the City in the performance of its
public services, such as trash and recycle collection.
F.
Wires, cables, and telecommunication devices shall be installed in
such a manner as to not inhibit the City's ability to maintain
the public right-of-way and associated infrastructure.
G.
Wire, cables, and telecommunication devices within the City's
right-of-way which cease to be used, or which are abandoned, shall
be removed from the City right-of-way within 60 days upon cessation
of use or abandonment.
H.
The application, processing, and approval of the installation and
maintenance of small cell facilities on existing structures and on
new wireless support structures in City rights-of-way must adhere
to Code of Virginia, §§ 56-484.26 through 56-484.32,
regulating wireless communications infrastructure.
[Amended 4-21-1977]
A.
Any person who shall undertake to occupy or use any
street or sidewalk or any portion thereof, in any manner, not permitted
to the general public or otherwise authorized by a permit of the City
Manager or other duly authorized official, shall be guilty of a misdemeanor.
B.
Except for bicycles which are treated elsewhere in
this Code,[1] it shall be unlawful to use the streets and sidewalks
in the Central Business District and the streets (sidewalks excluded)
outside of such district for playground purposes and games, for skateboarding
and sledding, or to throw, cast or cause to be projected in flight
any ball, missile or object of any kind across any public sidewalk,
street or alley when any oncoming traffic, vehicular or pedestrian,
is within 100 feet of the line of flight of such ball, missile or
object, or to throw or cast any ball, missile or other object at a
pedestrian or occupied motor vehicle.
No person shall cause wood, coal, lumber, lime,
sand, brick, tools or other materials or impediments to be placed
upon any of the sidewalks, streets, etc., of the City, provided that
materials used for building or repairing houses may occupy such part
of the street opposite the building during the erection or repairing
thereof as the City Manager may allow, in which case the gutter or
drains thereat shall be kept unobstructed.
Any person engaged in building or repairing
any building or structure on any street shall, with the permission
of the City Manager and under his direction, place barriers necessary
to warn persons passing of any danger that may be occasioned by such
work. In no such case shall a sidewalk or gutter be obstructed, unless
by special permission of the City Manager. The barrier or obstruction
shall be sufficiently lighted at night to warn the traveling public.
The person placing such barrier or obstruction on the streets or sidewalks
shall be responsible for any damage caused thereby, or resulting therefrom,
and shall indemnify and save harmless the City of all cost, expense
and attorney fees incident thereto.
It shall be the duty of the police promptly
to notify the City Manager of all permanent obstructions of streets,
and the City Manager shall forthwith cause all such obstructions to
be removed, either by the person responsible for such obstruction
or by the person whose duty it is to remove such obstruction. Failing
in obtaining such removal, the City Manager shall have the obstruction
removed at the cost of the City, and such costs, together with such
fine as may be imposed, shall be collected as provided by law.
[Amended 7-21-2022 by Ord. No. 2022-08]
A.
It shall
be the duty of any person or persons owning or occupying real property
bordering on any street upon which property there may be trees or
other vegetation to prune such trees or vegetation in such manner
that they will not obstruct or shade the streetlights, obstruct the
passage of pedestrians on sidewalks, obstruct vision of traffic signs,
obstruct views of any street or alley intersection, or obstruct any
fire hydrant. Suggested minimum clearance of any overhanging portion
thereof shall be 12 feet over sidewalks and 13 feet and six inches
over all streets except truck thoroughfares, which shall have a clearance
of 16 feet. The fire hydrant clearance zone shall be three feet to
the back of the fire hydrant, 15 feet from the center of the hydrant
to the left and right and the front of fire hydrant shall remain unobstructed.
B.
Should
any person owning real property bordering on any street fail to prune
trees or other vegetation, the Department of Public Works, with advice
from the City Arborist, shall order such person within 14 days after
receipt of written notice to so prune such trees or other vegetation.
C.
The order
required in this section shall be served by mailing a copy of the
order by certified mail to the last-known address of the property
owner.
D.
When a
person to whom an order is directed shall fail to comply within the
specified time, the City may prune such trees or other vegetation,
and the exact cost thereof shall be recoverable from such person.
E.
Every
charge authorized by this section with which the owner of any such
property shall have been assessed and which remains unpaid shall constitute
a lien against such property ranking on a parity with liens for unpaid
local real estate taxes and enforceable in the same manner.
[Added 1-3-1963; amended 4-7-2022 by Ord. No. 2022-03]
A.
The tenant,
owner or occupant or any person having the care of any building or
lot bordering on any street, whether there is a paved sidewalk or
not, shall have all snow removed from such sidewalk or footway and
further treat such walkways with salt or ice melt in the case of a
sleet or ice event, within six hours after the snow, sleet or ice
shall have ceased falling, unless the snow/sleet/ice shall have fallen
during the night or on Sunday, in which case it shall be removed by
12:00 noon the day following. Failure to do so is unlawful and may
be punished by a $250 fine per snow event.
B.
If, in
the City Manager's discretion, it becomes necessary for the City to
provide for snow removal, after reasonable notice to the owner the
City may do so and charge the owner for the services rendered. The
cost of those services will include a $200 administrative fee in addition
to other costs incurred for each property requiring snow removal.
C.
Any charge
authorized by this section with which the owner of any such property
shall have been assessed and which remains unpaid shall constitute
a lien against such property.
All gutters from which water empties upon a
street or sidewalk shall be so constructed as to discharge such water
only at or below the surface of the ground. No water from any gutter
or spout or in any way collected shall be permitted to flow across
the sidewalk or footway from any lot or building, except in a covered
drain or pipe. Such covered drain or pipe shall be so laid that the
finished sidewalk or footway is flush with the existing sidewalk or
footway.
All buildings, the eaves of which project over
the sidewalk, shall be provided with adequate gutters so that there
shall be no dripping from the eaves upon the sidewalk. Such gutters
shall be kept clean of leaves, trash and other refuse which obstruct
the flow of water therein.
[Amended 5-17-2007 by Ord. No. 2007-12]
No flags, banner or signs shall be erected on
or over any street or sidewalk in the City that impede the safe and
efficient flow of vehicular or pedestrian traffic.
No parade or procession of any kind shall be
allowed in or upon any street without a written permit from the City
Manager and unless it is in compliance with the terms of such permit.
A.
Marking. The City Manager shall, from time to time,
have the names of the streets so marked as to indicate the same.
B.
Naming and changing names of streets. The Council
may name or change the name of any street by resolution.
C.
Defacing or destroying street markers. No person shall
remove, alter, deface or destroy the markers used for naming any street
wherever the same may be located.
A.
Display. Except as otherwise provided by this Code
or by ordinance, it shall be unlawful for any person to display any
goods, wares or merchandise on or over the streets or sidewalks of
the City. Any display of goods, wares or merchandise inside the store
building or outside the building on storehouse property, including
store entrances, shall be adequately protected from flies and dogs.
B.
Allowing to remain or to be placed on street. It shall
be unlawful for any person, except in the temporary act of unloading
goods, wares or merchandise, to allow goods, wares or merchandise
to remain or be placed upon any street or portion thereof.
It shall be unlawful for any person to loaf
or loiter on any street to the annoyance of the occupants of any property
along the same or to the annoyance of persons passing on the same.
[Added 7-1-2021 by Ord. No. 2021-05]
Street banners are allowed for the following purposes only,
and nothing contained herein is intended to create or to be construed
to create a public forum for the expression of promotion of ideas
or opinions with respect to such banners.
A.
Advertising a public entertainment or event, or an activity of community
interest, including but not limited to City-sponsored events, events
sponsored by or related to local educational institutions, events
sponsored by and benefitting local, state or national not-for-profit
organizations, civic events such as, but not limited to, voter registration,
cultural or artistic events, or indicating a local, state, or national
awareness date such as, by way of illustration but not limitation,
National Constitution Month. Any such event must occur within the
City of Lexington, City of Buena Vista, or County of Rockbridge. Any
such banner shall be designed to be easy for people traveling in vehicles
to ascertain the event and date without diverting drivers' attention
from the road. To that end lettering shall be the largest component
of the banner and imagery shall be limited to peripheral positions
and limited in size to no more than 1/4 of the entire banner.
B.
No street banner shall be permitted with the main intent of commercial
advertising, or that displays business logos, business names, and/or
slogans associated with a product or service, or that promotes political
campaigns or parties. Business logos for sponsors of a not-for-profit
agency or group or an event benefitting such not-for-profit agency
or group may be included with express language to that effect.
C.
No street banner shall be permitted that:
(1)
Contains vulgar, profane, abusive, racist or hateful language or
expressions, epithets or slurs, text, photographs or illustrations
in poor taste, inflammatory attacks of a personal, racial or religious
nature.
(2)
Is defamatory, threatening, disparaging, grossly inflammatory, false,
misleading, fraudulent, inaccurate, unfair, contains gross exaggeration
or unsubstantiated claims, or is unreasonably harmful or offensive
to any individual or community.
(3)
Violates any right of any third party.
(4)
Discriminates on the grounds of race, religion, national origin,
gender, age, marital status, sexual orientation, or disability, or
refers to such matters in any manner prohibited by law.
(5)
Violates or encourages the violation of any municipal, state, federal,
or international law, rule, regulation, or ordinance.
(6)
Advertises, promotes, or offers to trade any goods or services in
conflict with the terms of this section.
(7)
Includes copyrighted or other proprietary material of any kind without
the express permission of the owner of that material.
(8)
Is false, deceptive, misleading, deceitful, or contains misinformation.
(9)
Advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law.
D.
Designs must be approved in advance by the Director of Public Works
with regard to conformity with the above. Applications are available
in the office of the Director of Public Works of the City of Lexington.
E.
Sponsoring organizations must supply the City with proof of liability
insurance to cover any and all claims caused by such banner display.
A signed statement holding the City of Lexington harmless from any
liability resulting from accident or injury caused by the erection
or display of the banner shall be required.
F.
The City of Lexington assumes no responsibility for damage to banners,
loss, fading, late deliveries of banners, late installations, acts
of nature, or faults in craftsmanship.
G.
All banners shall be installed and removed by the City. No provider shall attempt to install, remove, or repair and reinstall a banner. The fee for installation and removal shall be set by the City Council in its annual appropriation. The fee shall be due with the application set forth in § 420-13.2 above.
H.
The City of Lexington agrees to hang the banner(s) in a timely manner,
dependent upon the demands on City resources and the weather.
I.
Banners shall not be displayed for more than three weeks total, including
no more than one week after any associated event.
J.
Other than annually City-sponsored events and national or state holidays,
space availability shall be on a first-come, first-served basis.
