[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.
[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.
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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.