[Adopted 5-12-2011 by Ord. No. 2011-004[1]]
[1]
Editor's Note: This ordinance superseded former Art.
II, Use of Sidewalks and Paths, adopted 1-7-1982 by Ord. No. SP, as
amended.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
A device propelled by human power upon which a person may
ride, having either two or three wheels in a tandem or tricycle arrangement,
all of which are over 14 inches in diameter.
A two- or three-wheeled vehicle which is equipped with a
motor that does not exceed 50 cubic centimeters piston displacement,
produces 2.0 brake horsepower or less, and cannot propel the vehicle
at a speed greater than 30 miles per hour on a level surface. The
power drive system shall not require the operator to shift gears.
A motor vehicle having a saddle or seat for the use of a
rider and designed to travel on not more than three wheels in contact
with the ground.
A vehicle which is self-propelled.
A natural person.
That portion of a street right-of-way and adjacent easements
between the curblines, or the lateral lines of the roadway, and the
adjacent property lines intended for the use of pedestrians, bicycles
and other uses specifically authorized by this article.
A motor-driven vehicle designed for travel primarily on snow
or ice, of a type which utilizes sled-type runners or skis, or an
endless belt tread, or any combination of these or other similar means
of contact with the surface upon which it is operated.
A device in, upon, or by which any person or property is
or may be transported or drawn upon a highway, excepting devices exclusively
moved by human power.
No person shall operate a snowmobile, motorcycle, moped, or
other motor vehicle upon any sidewalk or path within the Township;
provided, however, that this section shall not be construed to prohibit
the use of sidewalks and paths by pedestrians or persons using motorized
and nonmotorized wheelchairs or bicycles. A front-wheel-drive, power-assisted
bicycle having a motor which produces 1.5 brake horsepower or less
shall be permitted on a sidewalk or path when not using the power
assistance.
A person operating a bicycle on a sidewalk or path shall yield
the right-of-way to a pedestrian and shall give an audible signal
before overtaking and passing a pedestrian.
No person shall ride a horse on a sidewalk or path, nor shall
any person walk or lead a horse upon a sidewalk or path.
(a)
No person shall willfully and maliciously, or wantonly and without
cause, destroy, injure, mutilate, deface, paint on, write on, or otherwise
damage a sidewalk or path.
(b)
Any person who damages a sidewalk or path or any portion thereof
in any way or manner shall be responsible for returning the sidewalk
or path to its state prior to such damage. At the Township's
option, the Township may either repair the damage caused by such person
and such person shall be responsible for reimbursing the Township
for such repair work, or alternately, the Township may require that
the person who caused the damage repair the sidewalk or path to its
prior state within 30 days of the date of the damage. All repairs
made to the sidewalk or path shall be in conformance with specifications
approved by the Township.
No person shall park any vehicle, trailer, mobile home, motor
home, camper, or boat upon a sidewalk or path so as to obstruct the
free passage of others. No person shall deposit or burn any leaves,
branches, grass, brush, or other yard debris upon a sidewalk or path,
or deposit any earth, trash, rubbish, cans, bottles, broken glass,
nails, or other dangerous objects or debris upon a sidewalk or path.
Except temporarily for walking, bicycling uses or other nonmotorized
uses, no person shall obstruct or occupy a sidewalk or path, or any
portion thereof, unless done pursuant to and in compliance with a
validly issued permit from the Township.
No person shall suspend any sign, banner, printed leaflet, or
other similar object above a sidewalk or path, nor shall any person
tape or affix any sign, banner, printed leaflet or other similar object
to a sidewalk or path without the express written authorization of
the Township Manager.
If any construction project results in damage to a sidewalk
or path, then all that damage shall be fully restored to its former
condition within 10 days after the construction project is complete.
If weather conditions prohibit full restoration of the sidewalk or
path to its former condition within that ten-day period, then the
sidewalk or path shall be temporarily patched and restored so as to
permit reasonable utilization by bicycles and pedestrians within that
ten-day period, and full repair and restoration to its former condition
shall then be completed as soon as weather permits. In addition, an
occupancy permit shall not be granted under any Township zoning ordinance
or state construction code for any building or structure unless and
until the sidewalk or path damaged in the construction of the building
or structure has been fully repaired and restored to its former condition.
Again, if weather conditions prohibit full repair and restoration
of the sidewalk or path to its former condition, an occupancy permit
may be granted if the sidewalk or path has been temporarily patched
and restored so as to permit reasonable utilization by bicycles and
pedestrians and if the Township is provided with adequate financial
security, in the form of a cash deposit, letter of credit, or performance
bond, to guarantee full repair or restoration of the sidewalk or path
to its former condition as soon as weather permits.
A person must complete a sidewalk or path opening permit if
it is necessary to make a cut or opening in a sidewalk or path. A
cut or opening shall not be made until a sidewalk or path opening
permit has been completed and returned with a fee, to be established
by resolution, as amended from time to time by the Township Board.
If an emergency requires an immediate utility cut or opening to be
made, the permit approval may be waived, but the Township Manager
shall be notified and the permit completed and fee paid on the next
business day during which the Township offices are open. A cash deposit,
letter of credit or performance bond in the minimum amount of $250
is required for any cut or opening on a sidewalk or path. The cash
deposit, letter of credit or performance bond shall be returned or
released after the Township has approved the full repair or restoration
of the sidewalk or path. The Township Manager may increase the amount
of the cash deposit, letter of credit or performance bond if additional
financial security is required because of the size or location of
any proposed cut or opening. Any cut or opening made shall fully comply
with all applicable Township standards and requirements, which shall
be established by resolution of the Township Board, and a copy of
such standards shall be given whenever a sidewalk or path opening
permit is requested. During a period that a cut or opening exists,
a barrier must be erected around the cut or opening to protect the
public. When the work is finished, the person performing the work
shall repair and return the sidewalk or path to its former, precut
and unopened state.
This article shall not be construed to prohibit the Township,
or any officer, employee or agent thereof, from exercising all reasonable
and necessary governmental powers with respect to the use, maintenance
and repair of sidewalks and paths or to require the Township to obtain
a permit prior to any construction project or path opening.
Any person who shall violate a provision of this article or
fail to comply with any of the requirements thereof shall be responsible
for a municipal civil infraction.
