[5-10-2004 by Ord. No.
1226]
Any violation of this chapter shall be treated as a municipal
civil infraction, unless otherwise provided in this chapter.
[Code 1975, § 29-1; Code 1992, § 25-1]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
SIDEWALK
That portion of a street between the curblines or edge of
the roadway and the right-of-way lines and includes lawn extensions
and sidewalks and the area reserved therefor where the lawn extensions
and sidewalks are not yet constructed.
STREET
All of the land lying between property lines on either side
of all streets, alleys and boulevards in the City and includes lawn
extensions and sidewalks and the area reserved therefor where the
lawn extensions and sidewalks are not yet constructed.
[Code 1975, § 29-2; Code 1992, § 25-2]
The City Manager shall establish rules and regulations for this
chapter and amendments thereto, subject to the approval of the City
Council. Such rules and regulations shall define and control openings
and excavations in the streets, curb cuts, street obstructions and
the moving of houses and similar objects on or over the streets. The
City Clerk shall at all times maintain and make available to the public
an up-to-date and complete set of such rules and regulations and any
amendments thereto. No person shall fail to comply with any such rules
and regulations.
[Code 1975, § 29-3; Code 1992, § 25-3]
(a) Where permits are authorized or required in this chapter, they shall
be obtained upon application to the Department, upon such forms as
shall be prescribed, and there shall be a fee charged for each permit,
except as otherwise provided by resolution of the City Council. Such
a permit shall be revocable by the Public Works Director for failure
to comply with this chapter, rules and regulations adopted pursuant
to this chapter and the lawful orders of the Director or his or her
duly authorized representative and shall be valid only for the period
of time endorsed thereon. No such permit shall be issued to any applicant
while he or she is in default on any charges assessed to him or her
by the City under this chapter.
(b) No permit shall be granted under this chapter until the applicant
pays all fees, deposits and/or posts bonds in the sum established
by City Council resolution for such permits. The minimum cash deposit
shall not be less than $500. All deposits shall be retained by the
City for not less than 90 days and shall then be returned to the applicant,
upon its release being approved by the Director, less any expense
incurred by the City in safeguarding the opening or obstruction involved
or restoring the street and less any loss or expense otherwise caused
the City by reason of such opening or obstruction. If the required
cash deposit exceeds $1,000, a corporate surety bond in a sum of not
less than the value of the work may be posted in lieu of the cash
deposit. The bond must be issued by a company authorized to do business
in the state. Such bonds shall be conditioned upon prompt completion
of the work permitted; observance of all pertinent laws and regulations
of the City; repair of all damage done to the street surface and installations
on, over or within such street, including trees; and to protect and
save harmless the City from all damages or actions at law that may
arise or may be brought on account of injury to persons or property
resulting from the work or activity authorized by the permit. The
Public Works Director may increase the required amount of the bond
where, in his or her judgment, the proposed work or activity involves
an abnormal risk of injury or damage.
[Code 1975, § 29-4; Code 1992, § 25-4]
No person shall place any article, thing or obstruction in any
street, except under the conditions and in the manner permitted in
this chapter. This section shall not be deemed to prohibit such temporary
obstructions as may be incidental to the expeditious movement of articles
and things to and from abutting premises nor to the lawful parking
of vehicles within the part of the street reserved for vehicular traffic.
[Code 1975, § 29-5; Code 1992, § 25-5]
(a) Notwithstanding anything contained in this Code or other ordinances
to the contrary, the Public Works Director shall have the discretionary
power to issue temporary permits for the use of public sidewalks and
public places when, in his or her opinion, the use for which the permit
is sought bears a reasonable relationship to the general public interest
and is not inconsistent with the health, morals and general safety
of the public. He or she shall designate on such permits the following
conditions:
(1) A description of the use for which the permit is granted.
(2) The hours of the day during which such permit shall be valid.
(3) The duration of such permit, setting forth the inclusive dates thereof.
(4) Whether or not temporary stands or structures may be used.
(5) If temporary stands or structures are permitted, the number and specifications
thereof and location of the temporary stands or structures, provided
at least six feet of sidewalk space shall be kept free and clear at
all times for the free passage of pedestrians.
(6) That such permit is subject to revocation, with or without cause,
at any time prior to the last inclusive date designated thereon.
(b) No permit shall be granted under this section to anyone who is in
default to the City.
(c) As a condition of the issuance of a permit under this section, the
applicant therefor shall at all times observe the laws and regulations
of the City, shall adhere to all conditions designated on the permit,
and shall be deemed to have agreed to and shall be bound to protect
and save harmless the City from all damages or actions at law that
may arise or be brought on account of injury to persons or property
resulting from any activity in connection with such permit.
(d) As a further condition of the issuance of a permit under this section,
the Director may require the applicant to file, with the City Clerk,
a corporate surety bond issued by a company authorized to do business
in the state, the amount of which shall be in reasonable proportion
to the proposed use. Such bond shall be conditioned upon the observance
by the applicant of all pertinent laws and regulations of the City,
repair of any damage occasioned to City property and to protect and
save harmless the City from all damages or actions at law that may
arise or may be brought on account of injury to persons or property
resulting from any activity in connection with such permit.
[Code 1975, § 29-6; Code 1992, § 25-6; 4-28-2008 by Ord. No. 1291]
No person shall operate or maintain any stand, vehicle, store
or place of business in such a manner that the customers or traders
with such person occupy or congregate within the limits of any street,
lane, highway or public place within the City. No person shall be
permitted to use the streets, alleys, lanes or public places of the
City for the service of customers or for the transaction of business
or to use any stands, stores or other places of business in any manner
that shall require the customer, when transacting such business, to
stand within the limits of the streets, highways, alleys or public
places of the City, except as otherwise specifically provided in this
Code.
[Code 1975, § 29-7; Code 1992, § 25-7; 4-28-2008 by Ord. No. 1291]
(a) It shall be unlawful for any person to use any street, sidewalk or
other public place as a space for the display of goods, products or
merchandise for sale or for the selling or storage of goods, products
or merchandise without having first obtained a permit from the Public
Works Director, unless they are a licensed peddler/solicitor as provided
in this Code.
(b) No street, sidewalk or other public place shall be blocked by any
merchandise, products or goods on display, stored or offered for sale
under a permit issued pursuant to this Code. A six-foot passageway
for pedestrians shall be left open, and merchandise, products and
goods shall be securely and adequately placed so as to not endanger
passersby or fall or extrude into any street or alley. Such sales
and storage or display shall not be operated in any manner which shall
cause a nuisance or create a fire hazard.
[Code 1975, § 29-8; Code 1992, § 25-8]
No person shall occupy any street with any materials or machinery incidental to the construction, demolition or repair of any building adjacent to such street or for any other purpose; provided, however, a permit may be issued pursuant to §
42-4 authorizing the occupancy of sidewalks with such materials or machinery, upon the filing of a bond. If such a permit is issued, at least six feet of sidewalk space shall be kept clean and clear for the free passage of pedestrians, and if the building operations are such that such free passageway is impracticable, a temporary plank sidewalk, with substantial railings or sidewalk shelter built in accordance with the building code, shall be provided around such obstruction.
[Code 1975, § 29-9; Code 1992, § 25-9]
Utilities may be placed in such streets as the Public Works
Director shall prescribe, and the utilities shall be located thereon
in accordance with the directions of the Public Works Director. Such
utilities shall be removed or relocated as the Public Works Director
shall from time to time direct.
[Code 1975, § 29-10; Code 1992, § 25-10]
(a) Whenever the City Council shall determine, by resolution, to pave
or resurface any street, the Public Works Director shall, not less
than 30 days prior to commencement of construction, serve notice upon
all public utilities, requiring them to install all necessary underground
work.
(b) When such paving or resurfacing shall have been ordered or declared
necessary by resolution of the City Council, such sewer and water
connections as are necessary shall be installed in advance of such
paving or resurfacing, and the cost thereof shall be charged against
the premises adjacent thereto or to be served thereby and against
the owner of such premises. Where such paving or resurfacing is financed
in whole or in part by special assessment, the cost of such sewer
and water connections may be made chargeable against the premises
served or adjacent thereto, as a part of the special assessment for
such paving or resurfacing. Where such paving or resurfacing is financed
otherwise than by special assessment, the cost of the sewer and water
connections so installed shall be a lien on the premises adjacent
thereto or to be served thereby and shall be collected as provided
for assessments on single lots.
(c) The necessity for such sewer and water connections shall be determined
by the Public Works Director, which determination shall be based upon
the the following:
(1)
The size, shape and area of each abutting lot or parcel of land;
(2)
The lawful use of such land under the zoning regulations of
the City;
(3)
The character of the locality; and
(4)
The probable future development of each abutting lot or parcel
of land.
The Public Works Director shall give written notice of the intention to install such sewer and water connections and to charge the cost of the installation to the premises, to each owner of land abutting the street, to be furnished with such connections, as shown by the records of the City Assessor in accordance with §
42-10. Any owner objecting to the installation of any such sewer or water connection shall file his or her objections in writing within seven days after service of such notice with the Public Works Director who shall, after considering each such objection made in writing, make a final determination of the sewer and water connections to be installed.
[Code 1975, § 29-11; Code 1992, § 25-11]
No utilities or street or railroad sign or signal or other public
improvement or installation shall be moved or altered by the holder
of any permit issued under this chapter, unless the permit shall specifically
authorize such alteration or movement. No permit to move or alter
any street or railroad sign or signal shall be granted without the
prior approval of the Director of Public Safety.
[Code 1975, § 29-12; Code 1992, § 25-12]
Notwithstanding any other section of this Code or other City
ordinance to the contrary, the City Council may, by contract, for
public convenience and necessity, authorize the installation of outdoor
commercial telephone booths on that portion of a street located between
the property lot lines and the curb within City-owned rights-of-way.
[Code 1975, § 29-13; Code 1992, § 25-13]
No person shall play any ball game in any public street or sidewalk
or otherwise obstruct traffic on any street or sidewalk by collecting
in groups thereon, for any purpose.
[Code 1975, § 29-14; Code 1992, § 25-14]
No person shall move, transport or convey any building or other
similar bulky or heavy object upon any street, without first obtaining
a permit and filing a bond in such sum as shall be fixed by the Public
Works Director, the amount of such bond to be commensurate with the
risk of damage or injury involved. Such permit shall designate the
route to be followed and the time within which the movement shall
be completed, and any necessary repairs to any street or installation
upon, in or over any street and trees resulting from the movement
done under such permit shall be completed. No permittee shall fail
to comply with the conditions specified on the permit nor fail to
obey any order of the director given in connection with the movement
of any such building. No person shall fail to promptly restore any
such damage done by him or her under such permit, to the satisfaction
of the Director.
[Code 1975, § 29-15; Code 1992, § 25-15]
Every owner and every person in control of any estate maintaining
a sidewalk vault, coalhole, manhole or any other excavation or any
post, pole, sign, awning, wire, pipe, conduit or other structure in,
under, over or upon any street which is adjacent to or a part of his
or her estate shall do so only on condition that such maintenance
shall be considered as an agreement on his or her part with the City
to keep such and the covers thereof and any gas and electric boxes
and tubes thereon in good repair and condition at all times during
his or her ownership or control thereof and to indemnify and save
harmless the City against all damages or actions at law that may arise
from or be brought by reason of such excavation or structure being
under, over, in or upon the street or being unfastened, out of repair
or defective during such ownership or control.
[Code 1975, § 29-16; Code 1992, § 25-16]
(a) The occupant of every lot or premises adjoining any street or the
owner of such lot or premises, if the premises are not occupied, shall
clear all ice and snow from sidewalks adjoining such lot or premises
within the time required in this section. When any snow or ice shall
cease to fall during the daylight hours, such snow or ice shall be
cleared from the sidewalks within 12 hours after such cessation. When
a fall of snow or ice shall have ceased during the nighttime, it shall
be cleared from the sidewalks by 6:00 p.m. of the day following.
(b) If any occupant or owner shall neglect or fail to clear ice or snow
from the sidewalk adjoining his or her premises within the time limit
or shall otherwise permit ice or snow to accumulate on such sidewalk,
he or she shall be guilty of a violation of this section, and in addition
the Public Works Director may cause the ice or snow to be cleared.
The expense of removal shall become a debt to the City from the occupant
or owner of such premises and shall be collected as any other debt
to the City.
[Code 1975, § 29-17; Code 1992, § 25-17]
(a) No person shall make any excavation or opening in or under any street without first obtaining a written permit from the Public Works Director and furnishing a bond pursuant to §
42-4. The Public Works Director may, if the public safety requires immediate action, grant permission to make a necessary street opening in an emergency, provided that a permit shall be obtained on the following business day and the applicable sections of this chapter shall be complied with.
(b) No permit to make any opening or excavation in or under a paved street
shall be granted to any person within a period of three years after
the completion of any paving or resurfacing thereof. If a street opening
is necessary as a public safety measure, the Public Works Director
may suspend the operation of this subsection, as to such street opening.
(c) All openings and excavations made pursuant to this section shall
be properly and substantially sheeted and braced as a safeguard to
workmen and to prevent cave-ins or washouts which would tend to injure
the thoroughfare or subsurface structure of the street.
[Code 1975, § 29-18; Code 1992, § 25-18]
(a) No opening in or through any curb of any street shall be made without
first obtaining a written permit from the Public Works Director. Curb
cuts and sidewalk driveway crossings to provide access to private
property shall comply with the following:
(1)
No single residential curb cut shall exceed 26 feet nor be less
than 12 feet.
(2)
No single nonresidential curb cut shall exceed 40 feet nor be
less than 12 feet.
(3)
The minimum distance between any curb cut and a public crosswalk,
utility pole or fire hydrant shall be five feet.
(4)
The minimum distance between curb cuts, except those serving
residential property, shall be 25 feet.
(5)
The maximum number of linear feet of sidewalk driveway crossing
permitted for any lot, parcel of land, business or enterprise shall
be 45% of the total abutting street frontage, up to and including
200 linear feet of street frontage, plus 20% of the linear feet of
street frontage in excess of 200 feet.
(6)
Any necessary authorized adjustments to utility poles, light
standards, fire hydrants, catchbasins, street or railway signs or
signals, or other public improvements or installations shall be accomplished
without cost to the City.
(7)
All construction shall be in accordance with plans and specifications
approved by the Public Works Director.
(b) Exception to the requirements in Subsection
(a) of this section may be granted after field inspection by the Public Works Director and the Director of Public Safety, upon written approval given by both the Public Works Director and Director of Public Safety.
[Code 1975, § 29-19; Code 1992, § 25-19]
All street openings, excavations and obstructions authorized
by this chapter shall be properly and substantially barricaded and
railed off and at night shall be provided with approved warning lights.
Warning lights perpendicular to the flow of traffic shall not be more
than three feet apart and parallel to the flow of traffic not over
15 feet apart.
[Code 1975, § 29-20; Code 1992, § 25-20]
Encroachments and obstructions in the street may be removed and excavations refilled and the expense of such removal or refilling charged to the abutting landowner when made or permitted by him or her or suffered to remain by him or her, otherwise than in accordance with the terms and conditions of this chapter. The procedure for collection of such expenses shall be as prescribed in this Code for single lot assessments, upon not less than seven days' notice to such landowner in accordance with §
2-768.
[Code 1975, § 29-21; Code 1992, § 25-21]
The Public Works Director shall have authority to temporarily
close any street or portion thereof when he or she shall deem such
street to be unsafe or temporarily unsuitable for use for any reason.
He or she shall cause suitable barriers and signs to be erected on
the street indicating that the street is closed to public travel.
When any street or portion thereof shall have been closed to public
travel, no person shall drive any vehicle upon or over such street
or park the vehicle thereon, except as may be necessary incidental
to any work being done in the area closed to public travel. No person
shall move or interfere with any sign or barrier erected pursuant
to this section without authority from the Public Works Director.
[Code 1975, § 29-22; Code 1992, § 25-22]
The Krafft Road public right-of-way lying between the westerly
water edge of Lake Huron and a point 292 feet east of the east line
of Gratiot Avenue shall be closed to the public from 9:00 p.m. to
7:00 a.m. daily, during which time it shall be unlawful for any person,
other than authorized personnel, to be present in such area. Such
area and prohibition shall be posted in a conspicuous place.
[Code 1975, § 29-23; Code 1992, § 25-23; 4-26-1994 by Ord. No. 1058]
The Holland Avenue public right-of-way lying between the westerly
water edge of Lake Huron and the east right-of-way line of Conger
Street shall be closed to the public from 10:00 p.m. to 7:00 a.m.
daily, during which time it shall be unlawful for any person, other
than authorized personnel, to be present in such area. Such area and
prohibition shall be posted in a conspicuous place.
[Code 1975, § 29-24; Code 1992, § 25-24]
The Ballentine Street public right-of-way lying between the
westerly edge of Lake Huron and the east right-of-way line of Conger
Street shall be closed to the public from 9:00 p.m. to 7:00 a.m. daily,
during which time it shall be unlawful for any person, other than
authorized personnel, to be present in such area. Such area and prohibition
shall be posted in a conspicuous place.