Cross References—As to rights-of-way usage, ch. 510; as to trees and shrubbery, ch. 515; as to posting bills on public property, §215.370.
Editor's Note: City of Clayton Complete Streets Policy as originally
adopted in 2012 and most recently amended by Ord. No. 6706, 6-8-2021
is held on file in the City offices.
[CC 1970 §20-10; CC 1947 §7-18; Ord. No. 3862 §1, 1-25-1977]
The streets, alleys, public ways and public places in the City shall at all times be kept neat and clean and reasonably free from dirt, litter and rank growth in all public areas, so that the City may at all times present an orderly and attractive appearance. It shall be the responsibility of the Director of Public Works to sweep, clean and wash the streets within the City and to take such other action as required to maintain said streets in an orderly and attractive condition. The owners of all property or agents in control thereof and the tenants or occupants of all premises shall keep the sidewalks in front of and adjoining the property owned, controlled or occupied by them swept and clear of paper, dirt, mud, filth, animal or vegetable matter or any substance or article. After any fall of snow or sleet or formation of ice thereon, said owners, agents, occupants or tenants shall cause the same to be immediately removed from the sidewalk fronting or adjoining the property owned, managed or occupied by them; except that in cases of multi-family buildings with three (3) or more dwelling units, it shall be the responsibility of the owner or agent in control to comply with the requirements of this Section. The owners of all property or agents in control thereof or the tenants or occupants of all premises shall keep all grass, whether in the public right-of-way or not, mowed as required by the provisions of Chapter 220 hereof.
[CC 1970 §20-11; CC 1947 §7-19]
It shall be unlawful for any person to cause or permit to be
placed, thrown or to leak or spill from a vehicle or otherwise upon
any pavement or surface of any street, sidewalk, alley or public place
any liquid asphalt, substance or material which might thereby be calculated
to endanger, impede or inconvenience the movement of vehicles or pedestrians
or render the surface of such street, sidewalk, alley or public place
rough or uneven.
[CC 1970 §20-12; CC 1947 §7-21]
It shall be unlawful for any person to use any street or highway
or part thereof which has been withdrawn from use by the public or
to drive or attempt to drive any vehicle thereon or to remove or destroy
any barricade, warning light or sign placed upon said street or highway
or around or upon any obstruction or defect thereon as a protection
or warning to the public.
[CC 1970 §20-13; CC 1947 §7-29; Ord. No. 4144 §1, 10-31-1980]
It shall be unlawful for any person to haul any materials or
to drive any vehicle across any sidewalk, tree lawn, parkway, curb
or gutter in the City without a permit therefor from the Director
of Public Works. No such permit shall be issued unless the applicant
therefor shall make deposit of one hundred dollars ($100.00) with
the Director of Public Works to insure that no damage shall be caused
to the sidewalk, curb, gutter, tree lawn, parkway or to any tree,
pole, sign or property thereon in connection with such hauling or
driving. The Director shall inspect the location where such hauling
is to be done and after the work is completed shall repair, restore
and replace any damage or loss caused thereby, the cost therefor together
with an inspection and permit fee of ten dollars ($10.00) to be deducted
from the deposit and the balance returned to the person making said
deposit. The Director shall at once report said deposit and deductions
to the Director of Finance and pay over to the City any deposits or
monies so received and shall keep a permanent record of the transactions
in a book kept by him/her for such purpose.
[CC 1970 §20-14; CC 1947 §7-16.1; Ord. No. 4143 §1, 10-31-1980; Ord. No. 5217 §1, 2-13-1996; Ord. No. 5218 §1, 2-13-1996; Ord. No. 6121 §1, 9-28-2010]
Whenever in connection with the construction, alteration or repair of any building or structure within the City, it shall be necessary that any temporary sidewalks occupy any street on which parking meters have been lawfully installed or where parking is necessary to gain access to the building site, the Director of Public Works may authorize the removal of the affected meters. The person(s) requesting such removal shall pay to the City an amount equal to the daily parking meter rental rate set forth in Section 350.180 of this Code.
[CC 1970 §20-25; CC 1947 §7-14; Ord. No. 4259 §1, 8-24-1982]
It shall be unlawful for any person to deposit or permit to
remain on any highway, street, alley, sidewalk, parkway, tree lawn,
gutter, drain or public place, except as permitted in this Article,
any building material or equipment, rubbish, coal, debris, dirt piles,
materials of any kind, chattels or property which might obstruct the
free passage thereof or hinder traffic or persons or vehicles or which
might obstruct the free passage of water in such gutter or drain.
Except that items of public use may be placed upon public sidewalks
in the City of Clayton under the supervision of and by direction of
the Director of Public Works of the City of Clayton.
[CC 1970 §20-26; CC 1947 §7-15]
The Director of Public Works may, in his/her discretion, permit an obstruction mentioned in Section 505.060 of such materials to the extent of one-half (½) of any sidewalk and eight (8) feet of any public roadway, highway or alley if such encroachment is necessary for the proper conduct of a building operation and does not substantially inconvenience the public in the use of said sidewalks, public roadways, highways or alleys and provided that adequate temporary walkways be furnished.
[CC 1970 §20-27; CC 1947 §7-16]
Each applicant for a building permit for the construction, alteration
or repair of any building or structure shall be required by the Director
of Public Works, before such permit is issued, to make a cash deposit
with the City with respect to the proposed work to insure that all
building materials and debris occupying any sidewalk, tree lawn or
public place in connection with the work will be safeguarded as required
by this Article and promptly removed, that all damages will be compensated
for, the provisions of this Article complied with and conditions restored
equal to that existing prior to the commencement of the work. Said
deposit shall be refunded after full compliance herewith subject to
the deductions authorized in this Article and the inspection fees
as provided in this Article. The amount of said deposit shall be one
hundred dollars ($100.00). In addition, each applicant shall furnish
a surety bond for the sum of three thousand dollars ($3,000.00) to
extend for a period of two (2) years to guarantee full compliance
herewith.
[CC 1970 §20-28; CC 1947 §7-17]
The Director of Public Works shall inspect the street, alley,
sidewalk, parkway, tree lawn or public place abutting the premises
and location mentioned in the application for a building permit before
the work is commenced and after it is completed and shall open and
clean out any gutter, drain, street, inlet or manhole that may become
obstructed by the aforesaid building materials, debris, articles or
materials of any kind and shall repair any damage to said street,
alley, sidewalk, curbing, gutter, drive, tree lawn, parkway or public
place arising out of said work and restore the same to a condition
equal to that existing prior to commencement of the work, if the contractor
or person responsible does not within twenty-four (24) hours after
being notified remove such obstructions and make said repairs and
restoration. The Director shall report the cost of such repairs and
restoration made by the City and the cost thereof shall be deducted
from the deposit, together with an inspection fee of five dollars
($5.00) for each inspection required to effect the above provisions.
[CC 1970 §20-29; CC 1947 §7-30.1; Ord. No. 6158 §1, 8-23-2011; Ord. No. 6224 §1, 8-28-2012]
Except as provided in Section 505.125, below, or in association with civic events sponsored or authorized by the City, it shall be unlawful for any person to place for display and sale or to sell on any public highway, street or alley in the City any groceries, provisions, magazines, newspapers, commodities, vegetables, fruit, produce, goods, wares or merchandise.
[CC 1970 §20-30; CC 1947 §7-20; Ord. No. 4821 §1, 8-27-1991; Ord. No. 6158 §1, 8-23-2011; Ord. No. 6224 §1, 8-28-2012]
Except as provided in Section 505.125, below, or in association with civic events sponsored or authorized by the City, it shall be unlawful to place for display and sale or to sell upon any public sidewalk in the City any groceries, provisions, magazines, commodities, vegetables, fruit, produce, goods, wares or merchandise, except that it shall be lawful to sell newspapers upon any public sidewalk within the City and to place for display and storage such newspapers only in boxes as provided in Section 505.140 except further, that it shall be lawful to provide food service or customer seating areas pursuant to an outdoor dining permit.
[CC 1970 §20-31; CC 1947 §7-20.1; Ord. No. 6224 §1, 8-28-2012]
Except as provided in Section 505.125, below, it shall be unlawful to place and display for sale in any storefront opening upon any public sidewalk in the City any groceries, provisions, magazines, newspapers, commodities, vegetables, fruits, produce, goods, wares or merchandise in such a manner that sales or removal of such groceries, provisions, magazines, newspapers, commodities, vegetables, fruits, produce, goods, wares or merchandise may be made directly from such storefront. Nothing contained in this Section shall prevent proper display of merchandise in any covered showcase or shop window.
[Ord. No. 6224 §1, 8-28-2012; Ord. No. 6392 §1, 10-13-2015; Ord. No. 6705, 6-8-2021]
A.
Except as permitted by Sections 505.100 and 505.110, above, operators of food trucks, ice cream trucks, mobile barbecue or food smoking equipment and similar motorized or transportable mobile food preparation or vending equipment ("mobile food vending equipment"), other than mobile or transportable barbecue or smoking equipment used as outdoor accessory cooking equipment by and on the premises of an establishment licensed by the City to prepare and sell food at retail, may locate or operate such equipment on City rights-of-way, City property and private property only in compliance with the following requirements:
1.
Except as otherwise permitted in this Section, mobile food vending
equipment must be used solely to serve a private event not open to
the general public. No operator of such equipment may sell, vend or
serve to members of the public or any person not participating in
the sponsoring private event. Payment for any goods provided by the
operator of mobile food vending equipment must be made to the vendor
by the sponsor of the event, as in the case of typical catering services;
no payments may be collected by or on behalf of the vendor from consumers.
2.
Established licensed restaurants, grocery stores, and food retailers
located within the Downtown Mobile Food Vending District shown on
the map below, may operate mobile food vending equipment and sell,
vend or serve members of the general public only on the property on
which they are located.
 Figure 1: Downtown Mobile Food Vending District
|
3.
Any operator of mobile food vending equipment may sell, vend
or serve members of the general public within a City park only with
the permission of the Department of Parks and Recreation.
4.
Any operator of mobile food vending equipment may sell, vend or serve members of the general public outside of the Downtown Mobile Food Vending District with appropriate permits and licenses as specified in Subsections (A)(6) and (7), below, and an approved special events application sponsored by a Clayton resident, business, or property owner. For purposes of this Section, “special event" means a specific social activity of a definable duration not to exceed three (3) days occurring on or adjacent to property owned or occupied by the sponsor of the permitted special event and “sponsored by” means the applicant for the special event who is responsible for compliance with all requirements applicable to the event.
5.
A mobile food vendor shall not vend before 8:00 A.M. or after
11:00 P.M.
6.
Appropriate licensing shall be obtained from the Department
of Finance for the operation of all mobile food vending equipment.
Appropriate permits must be obtained from the Department of Public
Works for any mobile food vending equipment located on any street
or sidewalk and from the Department of Parks and Recreation for any
mobile food vending equipment located in any City park. Any permit
may specify the exact location permitted and may impose reasonable
conditions to protect City property and public health and safety.
7.
Any mobile food vending equipment must be approved by the appropriate
public health agency and be configured and operated in compliance
with all requirements of the Fire Safety Code of the City.
[CC 1970 §20-32; Ord. No. 4829 §1, 9-24-1991]
Temporary directional signs indicating the location of an open
house for sale shall be restricted to a directional arrow and may
include the word "open". Such signs shall not exceed one and one-half
(1½) square feet in area and shall be of professional quality
and appearance and shall be displayed only on Sundays from 12:00 P.M.
until 5:00 P.M. There shall be a maximum of two (2) such separately
located directional signs for each open location. The directional
signs shall be located only on the public right-of-way between the
sidewalk and the street curb and only with the consent of the adjacent
property owner. One (1) such sign may be located at the intersection
of a major street and the street leading to the location of the open
house and the other such sign shall be reasonably located to indicate
the location of the open house. No such sign shall be located on any
public street median, public park or other open public areas including,
but not limited to, street islands. All such signs must bear the name
or address of the party responsible for said signs in letters not
to exceed two (2) inches in height.
[CC 1970 §20-33; CC 1947 §7-14; Ord. No. 4296 §1, 6-14-1983]
Any person may, without a permit, maintain on any sidewalk in the City a box for the sale or display of newspapers if such box does not exceed in outside dimensions four (4) feet in height, two (2) feet in depth and five (5) feet in width, provided not more than two (2) of such boxes shall be placed within one hundred (100) feet of any other such box and, provided further, that the location, size and appearance of any such box shall be subject to the provisions of Article III of Chapter 400 of this Code, Architectural Review Board, of the Municipal Code of the City.
[Ord. No. 5828 §1(20-40), 6-23-2004; Ord. No. 5898 §1(20-40), 9-13-2005]
A.
ACCESSORY BUILDING
PODS
PORTABLE ON DEMAND STORAGE UNIT
STORAGE SHED
STORAGE TRAILERS
Definitions. As used in this Section, the following terms
shall mean as follows:
A subordinate building customarily incidental to and located
on the same lot occupied by a main building, subordinate in area,
extent or purposes to the main building, limited to and contributing
to the comfort, convenience or necessity of the occupants of the main
building. For purposes of this Section, an accessory building differs
from a temporary storage device, portable on demand storage unit and
storage shed in that it is constructed pursuant to a building permit
and is permanently affixed to realty.
An acronym and common name for portable on demand storage
units.
A container designed, constructed and commonly used for non-permanent
placement on property for the purpose of temporary storage of personal
property.
A prefabricated structure designed, intended and installed
on property primarily for the long-term storage of yard, pool and
garden equipment and similar personal property.
Includes trucks, trailers, and other vehicles or parts of
vehicles designed to be hitched or attached to trucks, tractors or
other vehicles for movement from place to place used as a temporary
storage device.
B.
It
shall be unlawful for any person to park, place or suffer placement
of a storage trailer, PODS or similar device in or upon any street,
highway, roadway, designated fire lane or sidewalk in the City of
Clayton.
C.
It
shall be unlawful for any person to park, place or suffer placement
of a storage trailer, PODS or similar device upon any lot or property
in the City of Clayton other than on a concrete, asphalt or other
improved surface.
D.
It
shall be unlawful for any person to park, place or suffer placement
of a storage trailer, PODS or similar device upon any lot or property
in the City of Clayton used for commercial purposes or containing
three (3) or more dwelling units in such a way as to block or interfere
with access to a garage or off-street parking areas.
E.
It
shall be unlawful for any person to park, place or suffer placement
of a storage trailer, PODS or similar device upon any lot or property
in the City of Clayton for more than seven (7) consecutive days or
on more than three (3) occasions in any twelve (12) month period.
F.
This
Section shall not apply to the use or placement of construction trailers
and equipment on property in association with ongoing construction
activities carried out pursuant to a valid building permit, nor to
the placement of accessory buildings or storage sheds.
[CC 1970 §20-34; CC 1947 §7-22]
Whenever it shall come to the attention of the Director of Public
Works that any street, alley, highway, sidewalk, tree lawn, parkway
or public place which has been dedicated or established according
to law is in any manner obstructed or encroached upon, he/she shall
present the matter to the Board of Aldermen and accompany such notice
by a plat showing the location and extent of such obstruction and
encroachment. Any such encroachment or obstruction is declared to
be a nuisance.
[CC 1970 §20-35; CC 1947 §7-23]
The Board of Aldermen upon receiving notice that any such encroachment
or obstruction exists may order the same removed and may instruct
the City Attorney to prepare a written order for the removal of same
which order shall be signed by the Mayor and the City Attorney and
directed to the Chief of Police who shall at once proceed to execute
said order.
[CC 1970 §20-36; CC 1947 §7-24]
Upon receipt of any order so signed, the Chief of Police shall
give to the record owner of the property fronting or abutting upon
such encroachment or obstruction (and also to the occupant, if any
be found thereon) at least five (5) days' notice in writing to the
effect that if said encroachment or obstruction is not removed by
the time mentioned in said notice, the same will be removed by him/her
at the cost and expense of said owner and that a special tax bill
will be issued therefor.
[CC 1970 §20-37; CC 1947 §7-25]
If after diligent search and inquiry the Chief of Police is
unable to find the record owner of said property, he/she shall immediately
serve such notice by publication in at least one (1) issue of some
newspaper published in the City and the notice when so published shall
be directed to all owners of said property who are known to the Chief
of Police and shall contain a description of the property belonging
to owners who are absent or unknown.
[CC 1970 §20-38; CC 1947 §7-26]
If upon the expiration of the time mentioned in the notice the
obstructions or encroachments are not removed, the Chief of Police
shall proceed to remove the same and the expense of such removal shall
be advanced from the general revenue of the City.
[CC 1970 §20-39; CC 1947 §7-27]
As soon as the entire expense incident to such notice and removal
has been ascertained, an itemized account of the same shall be filed
by the Chief of Police with the City Clerk and the entire cost thereof
shall be assessed by the Board of Aldermen by ordinance in favor of
the City and against the property fronting or abutting upon such encroachment
or obstruction, pro rata, and special tax bills shall be issued therefor
for collection in all respects as in this Chapter provided in case
of sidewalk construction.
