[CC 1988 §63.300; Ord. No. 3752, 10-2-2017[1]]
A. 
Generally. It shall be unlawful for any person to deposit or permit to remain on any highway, street, alley, sidewalk, parkway, tree lawn or public place except by street use permit, as herein provided, any building material or equipment, rubbish, coal, debris, dirt, materials of any kind, chattels or property which might obstruct the free use thereof or hinder traffic of persons or vehicles, unless such articles are permitted to remain upon any such highway, street, alley, sidewalk, parkway, tree lawn or public place in the construction of any new building or in the removal, repair or alteration of any building or for the purpose of piling building material or tools; provided that such persons shall have first obtained the written permission of the proper office of this City to use such square or streets for such purposes. This Section shall not apply to persons receiving or discharging any article in the way of regular business. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor.
B. 
Sidewalks To Be Kept Clean. The tenants or occupants of all premises occupied by them and the owners or agents of vacant lots owned by them or under their control 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. Where buildings are occupied by more than one (1) tenant, it shall be the duty of the person or persons occupying the tenement or tenements nearest the street to comply with the requirements of this Section. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor.
C. 
Improvements Within Easements. An improvement shall not be installed or constructed so that it encroaches upon, over, under or into a public utility easement. For purposes of this Section, the word "improvement," includes, but is not limited to, fireplaces, window wells, air conditioning units, retaining walls, generators or sheds, but shall not include a fence. Roof eaves and overhangs may encroach into an easement a distance not to exceed twelve (12) inches.
D. 
Exemptions. Notwithstanding Section 510.010 (C) above, a property owner may request permission to maintain an encroachment upon, over, under or into a public utility easement as further provided in this Subsection below. The request shall be made in writing by the property owner to the Director of Public Works. The property owner shall submit the written request along with a plan that identifies the proposed encroachment. The Director of Public Works shall investigate the request and may approve the request as submitted, approve the request with conditions or modifications, or deny the request. If the encroachment ceases to exist, the easement encroachment authorization shall expire at the same time. Changes in conditions at the property may result in the Director of Public Works reviewing the permission to encroach and may result in revocation or modification of the easement encroachment authorization. A property owner may appeal to the Board of Aldermen the denial of a request, or any conditions or modifications to the request required by the Director of Public Works, or the revocation of easement encroachment authorization. Said appeal shall be filed with the City Clerk within thirty (30) days of the date the denial, the date of the approval with conditions or modifications, or the date of revocation of the easement encroachment authorization. The Board of Aldermen may affirm, reverse or modify any decision or revocation by the Director of Public Works. Nothing in this section shall be construed or interpreted to convey or provide any property right, contract right or cause of action to a property owner regarding an encroachment.
[Ord. No. 4007, 7-15-2019]
[1]
Editor's Note: Ord. No. 3752 also changed the title of this Section from "Obstruction On Street — When Unlawful — Penalty" to "Obstruction On Streets And Sidewalks — Easement Encroachment — Exceptions."
[Ord. No. 3752, 10-2-2017]
A. 
Whenever any obstruction of any nature is necessarily left in or upon the roadway of any street, except vehicles, or upon any sidewalk of the City between one (1) hour after sunset and one (1) hour before sunrise, the owner of or the person so leaving such obstruction shall place or cause to be placed or attached thereto one (1) or more barricades Type I or Type II as defined in Chapter 6 of the Manual on Uniform Traffic Control Devices. The barricade(s) shall occupy a minimum 70% of the street lane width being closed, and be evenly distributed across the width of the lane. Barricades must be covered in white and orange reflective sheeting meeting or exceeding ASTM D 4956.
B. 
Obstructions on streets with posted speeds over 25 MPH or where sight distances are obstructed shall be supplemented with six (6) or more channelizers (twenty-eight (28) inch or taller cones, trim-lines, drums or other approved devices) placed in a fifty (50) feet or longer taper. Channelizers must be covered in alternating white and orange reflective sheeting meeting or exceeding ASTM D 4956.
[Ord. No. 3752, 10-2-2017]
A. 
The City may approve a right-of-way encroachment license in accordance with the following requirements:
1. 
A request to encroach on a City right-of-way shall be submitted to the Director of Public Works with a plan that identities and provides the dimensions of the proposed encroachment and an executed right-of-way encroachment license in the form approved by the City.
2. 
The Director of Public Works shall investigate the request and shall recommend approval, deny or modify the request.
3. 
If approval is recommended by the Public Works Director the license agreement shall be submitted to the Board of Aldermen for approval.
4. 
Denial of a right-of-way encroachment license may be appealed to the Board of Aldermen. Said appeal shall be filed with the City Clerk within thirty (30) days of the date the denial is made. The Board of Aldermen may affirm, reverse or modify the Director of Public Works' denial.
5. 
Nothing in this Section shall be construed or interpreted to convey or provide any property right, contract right or cause of action to a right-of-way encroachment licensee.
[CC 1988 §63.320; Ord. No. 3752, 10-2-2017]
Any person proposing to place any obstruction or obstructions upon a public way, as set out in the preceding Sections, shall first secure a permit so to do from the Public Works Director and such person may be required, at the discretion of the Public Works Director, to make a cash deposit or submit an approved surety with the Finance Director to insure that all such obstructions will be safeguarded as required by this Chapter and promptly removed. Said deposit shall be in an amount not to exceed one thousand dollars ($1,000.00) and shall be refunded after full compliance herewith and conditions restored equal to that existing prior to the placing of the obstructions.
[CC 1988 §63.340; Ord. No. 3752, 10-2-2017]
It shall be unlawful to place and display for sale upon any public sidewalk within the City of Lake Saint Louis any groceries, provisions, commodities, vegetables, fruit, produce, goods, wares or merchandise. Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor.
[CC 1988 §63.350; Ord. No. 3752, 10-2-2017]
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. Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor.
[CC 1988 §63.360; Ord. No. 3752, 10-2-2017]
It shall be unlawful for any person to injure or damage any sidewalk, curb, gutter, tree lawn, parkway, public place, tree, pole, post, light standard or fixture, sign, property or fireplug on any public street, highway or alley by driving a vehicle upon, against or over or by cutting, breaking or otherwise damaging the same. Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor.
[CC 1988 §63.370; Ord. No. 1218 §1, 9-2-1997; Ord. No. 3752, 10-2-2017]
If the nuisance is present on the property seven (7) days after receipt of the notice by the property owner, the City shall cause same to be abated (the cost of abatement may include a fee for the City's cost in administering this Article, which fee shall not exceed one hundred dollars ($100.00)). The Director of Public Works shall certify the cost of such abatement to the Director of Finance who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, and shall be collected in the same manner and procedure as for collecting real estate taxes.
[CC 1988 §63.080; Ord. No. 1005 §3, 1-16-1995; Ord. No. 3752, 10-2-2017]
No overhanging structure, including, but not limited to, the following: awnings, canopy, signs or overhead passageways, shall be permitted over any portion of a street right-of-way or within ten (10) feet of a street right-of-way.