As used in this chapter, unless the context
specifically indicates otherwise, the following terms shall have the
meanings indicated:
STREET
All of the land lying between property lines on either side
of all streets, alleys and boulevards in the city, and includes lawn
extensions and sidewalks and the area reserved therefor where the
same are not yet constructed.
[Amended 3-16-2005 by Ord. No. 423]
A. No person shall make any excavation in or cause any
damage to any street in the City, except under the conditions and
in the manner permitted in this chapter. No person shall place any
article, thing or obstruction in any street, except under the conditions
and in the manner permitted in this chapter. However, this section
shall not be deemed to prohibit the following:
(1) Such temporary obstructions as may be incidental to
the expeditious movement of articles and things to and from abutting
premises;
(2) The lawful parking of vehicles within the part of
the street reserved for vehicular traffic; and
(3) The parking of any disabled vehicle outside the traveled
portion of any street for not longer than 48 hours.
B. It shall be the responsibility of the property owner
adjacent to any street in the City to clean any mud, dirt, debris
or any other material spread from or tracked onto the street by the
tires of vehicles or by any other method when such mud, dirt, debris
or any other material originated on his or her property. Should the
property owner fail to clean the mud, dirt, debris or other material
from the street which originated from his or her property after 48
hours' notice, the City may, at its option, clean the street itself
and bill the property owner for the cost of such work. The cost shall
be set from time to time by City Council.
C. Violation of this section shall be considered a civil
infraction under §§
1-6 through
1-9 of the Codified
ordinances of the City of Rockwood.
Every owner and person in control of any estate
hereafter maintaining a sidewalk vault, coal hole, manhole or other
excavation, or any post, pole, sign, awning, wire, conduit or other
structure, in, under, over or upon any street, which street is adjacent
to or a part of his or her estate, shall do so only on condition that
such maintenance shall be considered as an agreement on his or her
part with the City to keep the same and the covers thereof, and any
gas and electric boxes and tubes thereon, in good repair and condition
at all times during his or her ownership or control thereof, and to
indemnify and save harmless the City against all damages or actions
at law that may arise or be brought by reason of such excavation or
structure being under, over, in or upon the street, or being unfastened,
out of repair or defective during such ownership or control.
The City Administrator may make additional regulations
pertaining to openings and excavations in the streets and street obstructions,
which regulations shall be subject to the approval of Council. No
person shall fail to comply with any such regulations.
Encroachments and obstructions in the street
may be removed and excavations refilled, and the expense of such removal
or refilling may be charged to the abutting land owner when made or
permitted by him or her or when suffered to remain by him or her,
otherwise than in accordance with this chapter. The procedure for
the collection of such expenses shall be as prescribed in Section
11.13 of the City Charter.
The pushing, dumping or depositing of snow or
ice from any privately owned premises into or upon any street in the
City shall constitute a violation of this chapter and shall be deemed
an encroachment subject to §
217-8.
The Chief of Police may temporarily close any
street or portion thereof when he or she deems such street to be unsafe
or temporarily unsuitable for use for any reason. He or she shall
cause suitable barriers and signs to be erected on such street, indicating
that the same is closed to public travel. When any street or portion
thereof has been closed to public travel, no person shall drive any
vehicle upon or over such street, except as the same may be necessary
and incidental to any street repair or construction work being done
in the area closed to public travel. No person shall move or interfere
with any sign or barrier erected pursuant to this section without
authority from the Chief of Police.
A violation of any provision of this chapter
shall be a municipal civil infraction, punishable as provided in Chapter
1, General Provisions, Article
II.