[1]
Editor's Note — Ord. no. 2009-08 § 1, adopted February 24, 2009, repealed sections 23-1 — 23-2, 23-4 and enacted new provisions set out herein. Former sections 23-1 — 23-2, 23-4 derived from ord. of 5-5-1970 § 17; rev. ord. no. 34 § 71, 10-21-1912; ord. no. 80-11 § 1, 8-12-1980.
[RSMo. 77.520; Ord. No. 2009-08 § 1, 2-24-2009]
The City Council may prohibit and prevent all encroachments into and upon the sidewalks, streets, avenues, alleys and other public places of the City and may provide for the removal of all obstructions from the sidewalks, curbstones, gutters and crosswalks at the expense of the owners or occupants of the ground fronting thereon or at the expense of the person causing the same; the Council may also regulate the planting of shade trees, erecting of awnings, hitching posts, lampposts, awning posts, telephone, telegraph and electric light poles and the making of excavations through and under the sidewalks or in any public street, avenue, alley or other public place within the City.
[Ord. No. 2009-08 § 1, 2-24-2009]
A. 
Obstructions — Nuisance. All obstructions caused or placed on any street, sidewalk or public alley and all wood, barrels, crates, lumber, bricks, stones, dirt, filth, slops, vegetable matter, grass clippings, leaves, branches or other articles placed or thrown by any person on or in any street, alley, sidewalk or other public place which in any way may cause, or is liable to cause, danger, injury, inconvenience or annoyance to the public within the City is hereby declared a nuisance.
B. 
Exceptions.
1. 
Merchants may use three (3) feet of the sidewalk next to and in front of their buildings for the purpose of displaying their wares and merchandise.
2. 
Persons receiving or discharging any article in the way of regular business unless such articles are permitted to remain more than two (2) hours upon any square, street, alley or sidewalk.
3. 
Any person may use the squares, streets, alleys or sidewalks in the construction of any new building, or in the removal, repair or alteration of any building, or for the purpose of piling thereon building materials or tools, provided such person shall first have obtained the written permission of the Mayor or the Mayor's designee to use such squares, streets, alleys or sidewalks for such purposes.
4. 
Obstructions or barricades deemed necessary by the City.
5. 
Regulatory, information or direction signs, kiosks.
6. 
Sidewalk cafes when approved by the City Council.
7. 
Displays during fairs or public events approved by the City Council.
8. 
Daytime only sidewalk sales by merchants in front of their buildings.
C. 
Sidewalk Blockage. In no case shall sidewalks be blocked so as to prohibit:
1. 
The normal flow of traffic including both foot and wheelchair access.
2. 
Access to fire hydrants or other safety devices.
3. 
Street crossings.
[Rev. Ord. No. 34, § 71, 10-21-1912; Ord. No. 2009-08 § 1, 2-24-2009; Ord. No. 2019-07, 2-12-2019]
A. 
Generally. Any person who shall fail, neglect or refuse to keep the sidewalk, curbing and gutters abutting real property owned, occupied or possessed by him/her swept clean of mud, filth, dirt, snow, grass cuttings, and clear and clean from weeds, grass or any substances which are unhealthy or unsafe shall be deemed as maintaining a public nuisance.
B. 
Snow/Ice Removal From Sidewalks. Property owners, lessees or occupants, are responsible for the removal of the natural accumulations of snow and ice from any public sidewalk abutting their business, residential, or other property within the City of Lexington.
1. 
Business District Sidewalks.
a. 
Sidewalks on the following streets are hereby defined as business district sidewalks:
(1) 
Main Street, from Highland Ave, East to 16th Street.
(2) 
Franklin Street, from Highland Ave, East to 14th Street.
(3) 
South Street, where sidewalks installed, from 9th Street East to 14th Street.
(4) 
8th Street, from Main to Franklin.
(5) 
9th Street, from first alley North of Main, South to Franklin.
(6) 
10th Street, from first alley North of Main Street South to South Street.
(7) 
11th Street, from first alley North of Main Street, South to South Street.
(8) 
12th Street, from first alley North of Main Street, South to South Street.
(9) 
13th Street/Business Hwy 13, from Main Street, South to Francis Avenue.
(10) 
14th Street, from Main Street, South to Franklin.
In the event snow and/or ice remains on a business district sidewalk for more than eighteen (18) hours after the snow stops falling or after ice forms, as determined by the City, then the City may issue a citation to the abutting property owner, lessee or occupant of the property for non-compliance with this Section. The City may also remove the snow or ice from the sidewalk.
2. 
All Public Sidewalks Other Than Business District Sidewalks. In the event snow and/or ice remains on any public sidewalk other than a business district sidewalk for more than thirty six (36) hours after the snow stops falling or after ice forms, as determined by the City, then the City may issue a citation to the abutting property owner, lessee, or occupant of the property for non-compliance with this Section. The City may also remove the snow or ice from the sidewalk.
C. 
Abatement Procedures.
1. 
Snow and ice on a sidewalk is deemed to present an immediate public risk to safety for pedestrians due to the high probability of injury from falls on the exposed surfaces of snow or ice. Therefore the seven (7) day notice of abatement does not apply. (RSMo 67.398)
2. 
If the person so notified does not abate the nuisance within the time period specified, a duly appointed official of the City may proceed to abate or have the nuisance abated. Entry upon any premises or property made to abate any nuisance as described above shall be lawful and shall not constitute trespass.
3. 
If the duly appointed official of the City causes such condition to be removed or abated, the cost of removal or abatement and the proof of notice to the owner of the property shall be certified to the City Clerk 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, for the property and the certified cost shall be collected by the City Collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid.
4. 
Notice of the lien shall be mailed to the owner. Failure of the City Clerk to record the lien claim or to mail any such notice, or the failure of the owner to receive the notice shall not affect the right to foreclose such lien for charges as provided in Sections 18-119 and 18-120.
D. 
Dumping Of Snow. It is unlawful for any person to throw, push or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; except where, in the cleaning of large commercial drives in the business district it is absolutely necessary to move the snow onto the street or alley temporarily, the accumulation shall be removed promptly by the property owner or agent. Arrangements for the prompt removal of the accumulations shall be made prior to moving the snow.
E. 
Violation. Violation of any part of this Section shall be deemed a misdemeanor and any person convicted of violating this Section may be punished as provided in Section 18-122 of this Code. Each day for which a violation exists beyond the abatement period provided herein shall constitute a separate offense.
[RSMo. 88.890; RSMo. 88.877; Ord. No. 2009-08 § 1, 2-24-2009]
A. 
Maintenance And Repair.
1. 
No property owner shall permit any sidewalk dedicated to public use and enjoyment, which abuts property owned by that person, to fall into a state of disrepair or to be unsafe. Said property owner shall have the responsibility for maintenance, repair, construction and upkeep of all such sidewalks.
2. 
All sidewalks, gutters or curbstones, within the City, permitted to remain in any unsafe condition or out of repair by any person required by ordinance to keep the same in good condition and repair are hereby declared a nuisance.
B. 
Property owner Notification of Unsafe Sidewalk.
1. 
Whenever the City Building Inspector or his designee determines that a sidewalk is unsafe for use, notice shall be given to the property owner or his representatives or by publication of the lot or premises adjacent to and abutting upon said sidewalk of such determination. Said notice shall be given in writing and delivered by U.S. mail or in person by the Building Inspector or designee or published in the local newspaper. Thereafter, it shall be the duty of the owner to place said sidewalk in a safe condition. Such notice shall specify a reasonable time, but not more than thirty (30) days, within which such work shall be commenced and shall further provide that the work shall be completed with due diligence. If the owner of such lot or premises shall refuse or neglect to repair said sidewalk within the time limit or in a manner otherwise than in accordance with this Section, the Building Inspector shall have said sidewalk repaired. The cost of repairs hereunder shall be levied as a special assessment against the premises which said sidewalk abuts and adjoins.
2. 
Any person who shall, after having been notified as above, fail, neglect, or refuse to comply with said order, shall be guilty of an offense, and shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each offense.
[Rev. Ord. No. 34, § 24, 10-21-1912; Ord. No. 2009-08 § 1, 2-24-2009]
Except in or on streets, or other places specially designated by the City Marshal for that purpose, any person within the City who shall coast upon any handsled or skates in or upon any street, alley, sidewalk or other public place shall be deemed guilty of a misdemeanor.