[Ord. No. 57-07 §220, 6-12-2007]
No person shall ride, drive, lead or place any beast of burden
or vehicle on any sidewalk or footway otherwise than going into or
out of premises over properly constructed places of ingress and egress.
[Ord. No. 57-07 §230, 6-12-2007; Ord. No. 93-10 §1, 1-12-2010]
A.
It
shall be unlawful for any person being the owner, tenant or in charge,
dominion or control of a lot of land or other tenement abutting on
any street, avenue or alley with a sidewalk in or along such street,
avenue or alley adjacent to such property to suffer or permit snow
or ice to be or remain upon such sidewalk so abutting or adjacent
to such property for a period in excess of twelve (12) hours, and
it shall be the duty of such owner, tenant, or person in charge, dominion
or control of any such property to remove, or cause to be removed,
snow and ice from all such sidewalks so abutting or adjacent to property
so owned or occupied by such person within said time so that such
sidewalk shall be within such time placed in reasonably safe and proper
condition for public travel thereof by the usual and ordinary mode.
Each and every person violating the provisions of this Subsection
shall be adjudged guilty of an ordinance violation and, on conviction,
punished by a fine of not less than one dollar ($1.00) nor more than
ten dollars ($10.00) for each offense, and each and every day such
sidewalk shall be obstructed by snow or ice shall be and constitute
a separate offense punishable by a separate penalty.
B.
Snow
and/or ice upon sidewalks in the City, left to be or remain thereon
so as to impede or interfere with public travel on such sidewalk or
footwalk, are hereby declared to be a public nuisance and shall be
abated as such. It shall be the duty of the owner, tenant or person
occupying the premises adjacent or abutting upon each such sidewalk,
or person in charge or control of any such premises, at his/her own
expense, to remove from any such sidewalk all the snow and ice or
other like obstructions so that such sidewalk will be placed in proper
and safe condition for public travel within twelve (12) hours after
the same shall become obstructed or traffic thereon impeded by snow,
ice or like obstructions; and if such owner, tenant or person in possession,
charge or control of any such property so abutting or adjacent to
any sidewalk obstructed by snow or ice shall fail or neglect to so
remove such snow, or cause the same to be removed, within such time,
then it shall be the duty of the City Official, or other proper officer
at his/her direction, to cause such snow and ice to be immediately
removed from such sidewalk or footwalk, and for that purpose may hire
the same to be done keeping accurate account thereof, and the costs
and expenses reasonably incurred in so removing such snow, ice or
obstruction from such sidewalk or footwalk shall be paid by such owner,
tenant or person in possession, charge or control of such property;
that is to say, if said property is in charge of a tenant, or a person
having the physical dominion thereof in the manner of a tenant, then
such person shall pay such costs and charges, but if said property
is vacant or unoccupied, or no one in the City is in the actual physical
dominion thereof, then all such costs and charges for removing snow
and ice shall be charged to and paid by the owner of such property.
C.
It
shall be the duty of any officer of the City who shall cause any snow
or ice to be removed from any sidewalk, under any of the provisions
of this Section, to report the reasonable and actual cost thereof
to the Board of Aldermen, and the City shall cause such person that
may be employed to remove such snow or ice to be paid a reasonable
charge therefore, and the owner or the person liable to pay the same
shall be notified of such charge, if in the City, in person, by notice
to be delivered to such person or left with some member of his/her
family over the age of fifteen (15) years at his/her usual place of
abode. If a non-resident of the City, such notice may be given by
mail, properly addressed, postage prepaid, to the last known post
office address of such person. If the person or persons liable to
pay the same shall not pay the City such costs and charges within
ten (10) days after delivering or posting such notice, then all such
costs and charges shall be and are hereby made liens and charges upon
and against the property and real estate so adjacent to or abutting
on such sidewalk or footwalk, which lien and charge shall continue
until the same shall be paid and shall be enforced by civil action.
D.
Any prosecution to recover penalty under any of the preceding Subsections (A — C) for failure to remove snow or ice from any sidewalk shall not be construed to in any manner relieve any person liable, under any of such preceding Subsections (A — C), from paying the reasonable costs and charges of removing such snow and ice, if the same shall be removed by the City or any of its officers; and the fact that the City or any of its officers or agents shall cause snow or ice to be removed from any sidewalk or footwalk abutting on or adjacent to any property or tenement, and if any person shall be prosecuted and a penalty recovered against him/her, such prosecution and penalty shall not in any manner relieve any such person from the civil liability created by such preceding Subsections (A — C) to pay the reasonable costs and charges of removing any such snow or ice, if removed by the City, its officers, agents or employees, or if such officer, agent or employee shall cause the same to be so removed at the expense of the City.
E.
It
shall be unlawful for any person to remove snow or ice from private
property onto public property unless specific permission so to do
has been granted by the appropriate authorities of the City. Each
and every person violating the provisions of this Subsection shall
be adjudged guilty of an ordinance violation and, upon conviction,
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.
F.
A vehicle
removing snow may temporarily drive on the sidewalk with caution and
with permission of any adjoining property owners. Any person driving
on the sidewalk shall possess full responsibility for the liability
of any injury or property of others.
[Ord. No. 57-07 §240, 6-12-2007]
No person owning or occupying any building in the City shall
cause the pipes conducting the water from the eaves of the building
to be so constructed or altered as to spread the water over the sidewalk.
[Ord. No. 57-07 §250, 6-12-2007; Ord. No. 92-10, 1-12-2010]
A.
The
City shall have and is hereby given and granted the right, power and
authority to immediately repair and cause to be repaired any sidewalk
in the City that is in an unsafe or dangerous condition for public
travel thereon by the usual and ordinary mode, it being understood
by this Section that such repairs shall not go to the extent of rebuilding
and reconstructing such sidewalk, which shall be done when required
under other City ordinances, but extends to the making of such repairs
immediately upon the discovery of an unsafe condition existing upon
any sidewalk to the extent and in the manner necessary or required
to make such sidewalk reasonably safe for public travel by the usual
and ordinary mode.
B.
The
City Official shall, when any sidewalk becomes dangerous or unsafe
for public travel by the ordinary mode, cause the same to be immediately
repaired so as to make the same reasonably safe for public travel
by ordinary mode, and for that purpose is given power and authority
to purchase material, employ men, and to cause to be had, done and
performed such work and such construction as may be reasonably necessary
and proper to so restore such sidewalk to a condition reasonably safe
for public travel by the usual and ordinary mode, keeping an itemized
account of all work, labor or material or other things necessary therefore,
and to report the same to the Board of Aldermen.
C.
The
Board shall examine such report and if the same is found to be correct
and reasonable and that said work was reasonably necessary to be had,
done or performed, shall cause the same to be paid by the City out
of the General Fund, and when any such bill shall be paid, there shall
be assessed and levied upon and against the abutting property a tax
bill duly issued and signed by the City Clerk against said property
and requiring the owner thereof to pay to the City the cost of such
necessary repairs, if so found by the Board of Aldermen; the City
Clerk shall keep a record of such tax bills in the same way and manner
as other tax bills for improvements issued by the City; the same shall
be due and payable when issued and the amount thereof shall bear interest
at the rate of six percent (6%) per annum from and after thirty (30)
days after the date of issuance until paid, and if the same be not
paid in thirty (30) days, suit may be brought thereon to collect the
same in any court of competent jurisdiction, and said tax bill shall
be and is hereby made a lien and charge upon the lot, tract or parcel
of land abutting on said improvement and liable therefore, and said
lien may be enforced by judgment and execution, and said property
sold for the payment thereof in the same manner and to the same extent
as said property would be liable for the original construction of
a new sidewalk as provided by law.
D.
When
any repairs shall be made upon any sidewalk in the City under the
provisions of this Section, the owner of such property if known and
residing in the City, or the person occupying such property if occupied
at the time, shall be entitled to notice of such repair and the amount
thereof, together with the time when the same will be acted upon by
the Board, and said special assessment and tax bill ordered and directed
by the Board, and shall be permitted to be heard on the subject at
the time and place designated in such notice, which notice shall be
given at least five (5) days prior to the time of making such special
assessment.
E.
When
any repairs or replacement shall be made upon any sidewalk or curb
in the downtown area of the City under the provisions of this Section,
the owner of such property shall replace the sidewalk and curb area
as one (1) piece. The sidewalk up to the adjacent curbing of the street
will be the cost of the landowner to replace and the City will pay
the cost of the area which was curbing.
F.
The
downtown area of the City after the passage of this Section shall
remain the same with all businesses having a full sidewalk in front
of their business. Any area that has a grass parkway in front of their
place of business may remain the same. If a business desires to have
a grass parkway, it must be approved by the Board of Aldermen.
[Ord. No. 57-07 §260, 6-12-2007]
A.
It
shall be unlawful for any person to build, rebuild, repair or replace
or cause to be built, rebuilt, repaired or replaced any sidewalk in
the City of any other material or in any other manner than as provided
in the specifications for sidewalks as hereinafter provided.
B.
Specifications
for cement sidewalks within the City shall be as follows:
1.
Subgrade. After the grade stakes have been set indicating
the grade for the finished surface of the walk, the earth shall be
excavated for the depth of four (4) inches for a four (4) foot walk
and six (6) inches for a twelve (12) foot walk, after tamping, below
the proposed finished surface of the walk, and if any rubbish, manure
or other suitable material shall be found, the same shall be removed
and replaced with firm solid earth or suitable material firmly tamped
as aforesaid. If at any point a fill shall be necessary to bring the
surface of said street at said point up to the subgrades, such fill
shall be made for a distance of two (2) feet outside the outside line
of the top of said walk and one (1) foot outside of the inside of
said walk, or side next to property line. Said dirt shall be put on
in layers of not to exceed six (6) inches in thickness and each layer
shall be firmly tamped or rolled to the satisfaction of the Code Enforcement
Officer.
2.
Forms. Upon the foundation thus prepared shall be
set forms of two by four (2 x 4) or two by six (2 x 6) timbers, or
equivalent metal forms, whichever may be required by the finished
height of the walk, and the same shall be set parallel to each other
and at such distance apart as the stated width of the said walk in
the permit issued therefore, and the tops of said forms shall be even
with the grade line, which is to be the top of the finished walk.
Said forms shall be securely held in place by stakes driven back of
them or such other device as may hold them firmly in place and prevent
spreading.
3.
Concrete. This concrete shall be made of one (1)
part of best Portland cement of any brand which will comply with the
standard specifications of the American Society for Testing Materials,
and shall be fresh and free from lumps and dirt, to which shall be
added two (2) parts of clean sharp coarse sand free from dirt or quicksand
and three and one-half (3½) parts of crushed rock or coarse
gravel which will pass through a one (1) inch diamond screen or clean
sand and gravel known as fifty-fifty (50-50) mixed ingredients, free
from all clay, silt or other foreign matter, which when used shall
be proportioned as one (1) part best Portland cement and four (4)
parts sand and gravel and the measurements shall be by volume and
materials shall be thoroughly mixed dry before water is added. The
ingredients shall be turned at least two (2) times dry and twice wet
and then water shall be added in sufficient quantity to make good
and sufficient concrete. Ready-mixed concrete of equivalent grade
may be used in lieu of the ingredients described in this Subsection.
The concrete bed thus prepared shall be struck off to an even surface
at the grade of the finished sidewalk.
4.
Finishing. The sidewalks shall be laid off in lengths
not to exceed four (4) feet in a four (4) foot walk or eight (8) feet
in any other walk, and the said sections shall be cut through the
entire depth of the concrete. The groover shall be drawn across the
surface of the concrete at the points indicated in such a manner as
to open the joint through to the space made in the concrete bed. All
cuts and outside edges to be well grooved by the use of proper groovers.
The sidewalk, as fast as completed, shall be covered with canvas,
boards or other suitable covering when necessary so to do to protect
same from heat or cold, and if it is drying weather, the walk shall
be wet thoroughly at least twice a day for two (2) days after its
completion, the surface of such sidewalk to be finished by floating
with a wooden float until smooth and uniform.
C.
It
shall be unlawful for any person to build, rebuild, repair or replace
or cause to be built, rebuilt, repaired or replaced any sidewalk within
the City without first having obtained a written permit from the Code
Enforcement Officer. Fee for such permit shall be in the sum of five
dollars ($5.00) which shall be paid to the City Clerk by such applicant
at the time of the issuance and delivery of said permit, which fee
shall be turned over to the City Treasurer and become a part of the
General Fund. Upon the issuance of said permit, the City Clerk will
direct the Code Enforcement Officer to establish the grade for said
sidewalk and the lines for same, and it shall be unlawful to construct
in the City any sidewalk upon any other grade or location as to lines.
D.
Construction
and reconstruction of crosswalks, curbs and gutters shall comply with
the provisions of Section 71.365, RSMo.
