Division 1 Public Ways
Division 2 Utility Easements
[R.O. 2009 § 12.08.010; Prior Code § 8-104(a)]
No person shall place or cause to be placed in or upon any street, sidewalk, alley, thoroughfare or other public place within the City any article whatsoever so as to obstruct or hinder the free passage of persons or vehicles over or along such street, alley, sidewalk, thoroughfare or public place; provided however, that nothing in this Section shall be so construed as to prevent any merchant or tradesman from placing any package of merchandise, which he/she may be receiving or sending away, upon any sidewalk if the same does not occupy more than one-third (1/3) of the width thereof or remain thereon more than two (2) hours.
[R.O. 2009 § 12.08.020; Prior Code § 8-104(b)]
No person shall conduct on any street, alley or sidewalk any exhibition or demonstration of any article or thing or process or so use any street, alley or sidewalk for private purposes as to block or obstruct the same or impede or interfere with travel and traffic thereon, nor shall any person cause a crowd or group of people to form upon or in a street, alley or sidewalk.
[R.O. 2009 § 12.08.030; Prior Code § 8-105]
It is unlawful for any person occupying, in charge or control of or owning any real estate in the City to permit the trees on such property to hang over the sidewalks, streets and alleys so that the lower limbs thereof shall be closer than eight (8) feet to the vehicular-traveled portion of any street or alley. The owner, occupant, tenant or person in control of any real estate shall keep the trees thereon so trimmed that the limbs thereof shall not hang closer to any sidewalk, street or alley than is prescribed in this Article.
[R.O. 2009 § 12.08.040; Prior Code § 8-105.1]
It shall hereafter be unlawful for any person to plant, keep or maintain any bush, plant, tree, flower or other vision-obstructing object or fence which exceeds two (2) feet in height measured from the ground level within twenty (20) feet of any lot corner which is adjacent to any intersection of public streets in the City.
[R.O. 2009 § 12.08.050; Prior Code § 8-107(a)]
All persons are required to keep the sidewalks in front of or adjacent to the property or premises owned or occupied by them or under their control within the City clear and free from rubbish, filth, refuse, dirt, snow, ice and any and all obstructions and dangerous agencies of every kind and description whatsoever.
[R.O. 2009 § 12.08.060; Prior Code § 8-107(b)]
No person or entity shall deposit, throw or place any snow or ice from any sidewalk, parking lot, driveway or building into any of the streets or gutters of the City.
[R.O. 2009 § 12.08.070; Prior Code § 8-107(c); Ord. No. 5811 §II, 4-1-2010]
No person, or entity shall place any dirt, chips, mulch, grass clippings, leaves, limbs, straw, paper, ashes or other rubbish upon any sidewalk, alley, street, thoroughfare, gutter line, or into any stormwater basins, or drainage ditch within the City.
[R.O. 2009 § 12.08.090; Prior Code § 8-501]
No person, firm or corporation shall hereafter use or place any obstruction in, upon or above any utility easement in the City, which shall in any manner interfere with the free and unrestricted use of the easement by any utility.
[R.O. 2009 § 12.08.100; Prior Code § 8-502]
In the event any use or obstruction referred to in Section 505.360 is made or placed on or in any utility easement, any utility desiring to use same for its proper purposes may require the property owner to remove same at the owner's expense or the utility may summarily remove same without liability for damages to the property owner. However, before any utility shall so proceed, they must first request the property owner to remove same in writing and obtain the approval of the City Manager, unless an emergency exists.
[R.O. 2009 § 12.08.110; Prior Code § 8-503; Ord. No. 4600 § 1, 11-3-1986]
No person, firm or corporation owning property abutting a City street right-of-way shall be permitted to place a fence, shrubs or other permanent obstruction, except mailboxes, within five (5) feet of the back of the street curb.
A person, firm or corporation owning property abutting a City street right-of-way shall be permitted to place fences, shrubs or ornamental posts in the City right-of-way if they are more than five (5) feet from the back of the street curb.
An exception to the restrictions contained in Subsection (A) in this Section shall be made permitting development of property within five (5) feet of the back of the street curb by any person, firm or corporation owning property abutting a City street right-of-way in "E" Business District, as said district is defined in the City Code of Sikeston, subject to the provisions contained of said developments.
Any person, firm or corporation owning property abutting a City street right-of-way in "E" Business District wishing to develop their property within five (5) feet of the back of the street curb may do so after first obtaining the approval of the City Manager or his/her duly appointed representative of said owner's plan showing the proposed placement, location and description of said developments.
[R.O. 2009 § 12.08.120; Prior Code § 8-504]
In the event any use of obstruction referred to in Subsection (B) of Section 505.380 is made or placed on or in any street right-of-way, any utility desiring to use the same for its proper purposes may require the property owner to remove same at the property owner's expense or the utility or City Street Department may summarily remove same without liability for damages to the property owner. However, before any utility shall so proceed, they must first request the property owner to remove the same in writing and obtain the approval of the City Manager, unless an emergency exists.
A public utility right-of-way user, after an excavation of a public right-of-way, shall provide for restoration of the right-of-way and surrounding areas, including the pavement and its foundation, in accordance with the standards and conditions of the political subdivision, unless the political subdivision, at its option, chooses to perform its own street restoration, in which case the public utility right-of-way user shall be responsible for reimbursing the political subdivision its reasonable actual restoration costs within thirty (30) days of invoice. Restoration of the public right-of-way shall be completed within the dates specified in the right-of-way permit, unless the permittee obtains a waiver, extension or a new or amended right-of-way permit. Every right-of-way user to whom a right-of-way permit has been granted shall guarantee for a period of four (4) years the restoration of the right-of-way in the area where such right-of-way user conducted excavation and performed the restoration.
If a public utility right-of-way user fails to restore the public right-of-way within the date specified in the right-of-way permit, or has not acquired a waiver or extension to such permit, a political subdivision is authorized to perform its own restoration required as a result of the excavation, and require the public utility right-of-way user to reimburse the political subdivision for the actual costs of such restoration.
[R.O. 2009 § 12.08.140; Ord. No. 4778, 5-7-1990]
Prior to the disturbances of any dedicated City street, alley and/or easement for maintenance or construction purposes where a pavement cut is required, a permit letter must be obtained prior to commencement of work, from the office of the City Manager or his/her designee, by all public and private utility, franchises or any person or firm contracted by these entities as noted in Section 505.400. Said permit to be issued within one (1) regularly scheduled City workday, without cost, and may include any special requirements for entry, work performance and restoration of both surface and subsurface condition(s) upon the completion of permitted work. Hard surface or pavement cuts shall be considered the least desirable method of accessing utilities and shall only be permitted for considered feasible or other similar reasons as may be solely determined by the City Manager or his/her designee. In the event of an emergency repair, the permit must be requested on the next scheduled workday following the event. "Emergency repair" is defined as that repair work created when it is determined that restoration of public services to a service area is determined to be essential and immediate. In the event of any such emergency repair, the City Manager or his/her designee shall determine the extent, type and method of surface and subsurface restoration required; the cost(s) or any such restoration to be borne solely by the responsible utility or contractor, including both public and private providers.