[Adopted 12-16-1968 as Ch. 30, Art. I, of the 1968 Code]
As used in this article, the following terms shall have the meanings indicated:
PARKING
The space of ground lying between the curbline of the street or avenue and the sidewalk thereof.
SIDEWALK
All paved or established sidewalks.
[Amended 6-13-2016 by Ord. No. O-16-09]
It shall be unlawful to cause or permit any earth, clay, dirt, sand, gravel, broken stone, mortar, hay, straw, manure, shavings, sawdust, coal, ashes, paper, rubbish, bottles, cans or any loose material of any kind to be scattered, dropped, leaked, spilled or let fall from any truck, wagon, cart or other vehicle in which the same may be carried upon any of the streets or roadways within the City, and this prohibition shall apply to the owner, driver, operator, contractor, manager, agent, supervisor, superintendent or person in charge of any such truck, wagon, cart or other vehicle from which any of the materials hereinbefore mentioned shall be scattered, dropped, leaked, spilled or let fall upon any street or roadway.[1]
[1]
Editor's Note: Former § 30-2, Street construction or alterations, which immediately preceded this section, was deleted 2-14-1994 by Ord. No. 94-01.
[Amended 6-13-2016 by Ord. No. O-16-09]
It shall be unlawful to deposit or permit to be deposited upon any sidewalk, crosswalk, gutter or improved roadway or street within the City any earth, clay, sand, gravel or other excavated material by spilling, dropping or placing the same thereon or by tracking the same thereon by the wheels of vehicles or feet of animals, either in process of conveying such excavated material from the place where the excavation is being made or in returning from the place where the excavated material shall have been deposited, and this prohibition shall apply to the owner of the land where the excavation is being made, the owner of the land where the excavation material shall have been deposited and every driver, operator, teamster, owner of horses and vehicles, supervisor, superintendent and contractor engaged in making every excavation.
Every person having charge of any building operations, either as owner or contractor, shall remove or cause to be removed at the expiration of each working day from the sidewalks, gutters, and roadways adjacent to such building operations all earth, sand, gravel, dirt, mortar, stones, broken brick, shavings, rubbish and all other litter that may have been deposited or accumulated thereon as a result of such building operations.
[Amended 6-13-2016 by Ord. No. O-16-09]
It shall be unlawful for any person to permit or cause any sign or board to project over any sidewalk or any flag or banner or any other manner of display to be stretched across any of the streets of the City without permission of the Public Works Director.
[Added 4-14-2008 by Ord. No. 08-03]
A. 
As used in this section, "public place" means any place or space, including, but not limited to, a sidewalk, street, road or other way, to which the general public has access and a right to use for any lawful purpose. "Public place" is not limited to places devoted solely to the use by the general public.
B. 
A person may not obstruct any public place so as to hinder or impede the free and uninterrupted passage of vehicular or pedestrian traffic on, in, along or across the public place.
C. 
A person may not commit any act that prevents the free and uninterrupted ingress, egress, and regress in, on, to and from any public place and any lawful activity being conducted in or on a public place.
D. 
Whenever any person commits an act that is prohibited by Subsection B or C of this section, a police officer or law enforcement officer shall order that person to cease from committing that act and, where appropriate, to move or remove any prohibited physical obstruction that was placed or created by such person. Any person who fails or refuses to obey any such order is guilty of a municipal infraction punishable by a fine of $500 for each offense.
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
It shall be unlawful to place or cause to be placed any earth, ashes, gravel or other substance upon the improved driveways, pavements, avenues or alleys within the City without first obtaining a permit from the Neighborhood Commercial Compliance Inspector.
[Amended 4-1-2019 by Ord. No. O-19-10]
It shall be unlawful for any person or persons to erect or maintain any building or obstruction in or upon any alley, street or highway within the corporate limits of the City, and whoever shall fail to remove or abate the same after notice from a City police officer or Neighborhood Commercial Compliance (NCC) so to do shall, upon conviction thereof, be guilty of a misdemeanor. Each day such obstruction shall be permitted to exist after said notice is given shall constitute a separate offense and violation hereof.
It shall be unlawful for any person to throw, cast, lay, sweep, deposit, scatter or drop, leave or cause to be thrown, cast, laid, swept, deposited, scattered or dropped or left any dirt, mud, ashes, filth, sawdust, shavings, hay, straw, offal, leaves, litter, paper, vegetable matter, decayed fruits, fruit skins or putrescible matter of any sort, animal matter, scraps, rubbish, garbage, trees, cinders or other refuse material or any dead animal or to burn or set fire to any such material or to cause the same to be burned or set fire to upon any street, avenue, alley, sidewalk, gutter, roadway or other public place within the City.
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
A. 
It shall be unlawful for any contractor or any employees of any contractor or any other person to use the streets, roads or sidewalks within the City to store or place materials thereon without a permit from the Neighborhood Commercial Compliance Inspector for the right to use the street, road or highway in such manner.
B. 
Every person using a street, road or highway within the City to store or place materials thereon shall exhibit or display one or more red lanterns, barriers, etc., as necessary, at night, placed thereon in such manner as to warn the public of the obstruction of the road, highway or sidewalk and to show distinctly the unobstructed passageway remaining in the road, highway or sidewalk.
Any person or persons making or causing to be made any excavation within the dedicated lines of any public street or alley in the City shall provide suitable warning, barriers and lights to designate such excavation and shall be responsible for maintaining such warning, barriers and lights until the excavation is properly refilled. Each day such excavation shall continue to exist without said warning, barriers and lights shall constitute a separate offense.
It shall be unlawful for any person to break, damage, mutilate or carry away any lantern, glass frame, barrier, street designation, fixture, road marker, official sign or any part of any public lamp or any official marker or designation erected for the regulation and control of traffic or any other City property.
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
It shall be unlawful for any person without permission of the Public Works Director to extinguish, break, damage or obstruct the light in any public lamp or streetlight in said City.
[Amended 4-1-2019 by Ord. No. O-19-10]
It shall be unlawful for any person to pour, spill or permit to drip upon any sidewalk or street within the City any hazardous material, including, but not limited to, kerosene, gasoline, benzine or any similar oil or oily substance or liquid.
[Amended 6-13-2016 by Ord. No. O-16-09]
It shall be unlawful for any person without the permission, in writing, of the Public Works Director to pave or cover with any permanent cover any parking space or the space between the sidewalk and curb or any part thereof or place upon any sidewalk in any manner whatever any letters or advertising device.
It shall be unlawful for any railroad locomotive, engine or railroad car or train of cars to obstruct any sidewalk, crosswalk or any street within the City for a longer period than 10 minutes.
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
It shall be unlawful to use the parkings or sidewalks within the City for business purposes or to place material thereon without a permit from Neighborhood Commercial Compliance (NCC).[1]
[1]
Editor's Note: Former § 30-19, Temporary use of parkings, sidewalks, which immediately followed this section, was deleted 2-14-1994 by Ord. No. 94-01.
[Amended 2-14-1994 by Ord. No. 94-01]
Any person, firm or corporation who or which shall violate any provision of this article or fail to comply with its requirements shall, upon conviction thereof, be guilty of a municipal infraction punishable by a fine of $400 for each offense. Each day that a violation continues shall be considered a separate offense.