[R.O. 1991 § 520.060; Ord. No. 2898-14 § 1, 7-1-2014]
As used in this Article, unless the context otherwise indicates, the following terms shall mean:
APPROACH
The area of road right-of-way beginning at the curb of the street or edge of pavement and extending towards the property line to the line where the building driveway is located, and shall include the area of the right-of-way where the dual use of the approach and as a sidewalk exists.
CULVERT
A permanent structure of approved materials and size that will allow unobstructed flow of stormwater through a ditch in the area where an approach crosses the right-of-way.
DITCH
An unenclosed stormwater runoff area adjacent to the paved portion of a street.
DRIVEWAY
The area of each parcel where the owner has constructed vehicular access areas for either entrance into a garage, parking lot or the parcel in general.
PARADE
Any parade, march, race, walk or procession, or any similar event, in or upon any public street.
[Ord. No. 2922-15 § 2, 5-19-2015]
SPECIAL EVENT
Any ceremony, show, exhibition, festival, pageant or gathering, or any similar event, in or upon any public street.
[Ord. No. 2922-15 § 2, 5-19-2015]
[R.O. 1991 § 520.070; Ord. No. 2898-14 § 1, 7-1-2014]
No person, firm or corporation shall construct any street or roadway in the City of Smithville which street or roadway is or shall be dedicated to public use or in the event such street or roadway shall connect or intersect with any public street within the City of Smithville, unless said street or roadway shall be constructed or improved in accordance with the design standards in effect at the time.
[R.O. 1991 § 520.080; Ord. No. 2898-14 § 1, 7-1-2014]
Permit Required. No person, firm or corporation shall hereafter construct, build, establish or maintain any driveway approach over, across or upon any portion of the public sidewalk or public right-of-way without first having obtained a written permit to do so from the Building Inspector. No such permit shall be issued for construction or establishment of any such driveway except in accordance with the adopted specifications for such work.
[R.O. 1991 § 520.090; Ord. No. 2898-14 § 1, 7-1-2014]
A. 
No person shall erect, place or maintain any building, fence or obstruction, in whole or in part upon any street, alley, sidewalk, road right-of-way or public easement with the following exceptions:
1. 
A special permit may be issued by the Street Superintendent to allow placement of roll-off-style dumpsters in the public way when, in the Superintendent's opinion, the private property adjacent to the public way is not of sufficient size to allow placement of the dumpster; the placement is temporary in nature, and in no event shall it extend longer than two (2) weeks.
2. 
A fence permit may be issued that extends over a public easement, but in the event the fence or a portion thereof must be removed to obtain access to the easement, the property owner shall be solely responsible for any repair or replacement of the fence, and any user of such public easement shall not be responsible for damages occasioned by the removal of the fence.
3. 
Temporary construction fences or barricades to protect the public and workers on projects in such public way that have been issued a permit, or are subject to emergency permit suspension are allowed in such public ways. Any temporary protective measure shall adhere to all safety regulations for such measures.
[R.O. 1991 § 520.100; Ord. No. 2898-14 § 1, 7-1-2014; Ord. No. 2922-15 § 3, 5-19-2015]
A. 
Permit Required. No person shall close any street or sidewalk, or portion thereof, without first obtaining a permit to close such public way.
B. 
Street Or Sidewalk Closings For Construction. The Building Inspector may issue a street or sidewalk closure permit for any construction that requires such closure. There is no fee for such permit if the closure is related to work subject to another permit. If the work does not generally require a permit, a separate street closure permit is required and shall be treated as a miscellaneous permit issued by the Building Department.
C. 
Street Or Sidewalk Closings For Parade Or Special Event. No street or sidewalk within the City of Smithville shall be closed for a parade or special event without a parade or special event permit issued by the City of Smithville.
[R.O. 1991 § 520.110; Ord. No. 2898-14 § 1, 7-1-2014; Ord. No. 3166-22, 12-20-2022; Ord. No. 3203-23, 10-3-2023]
A. 
No person shall dump or deposit or cause to be deposited or dumped, on any street, alley, sidewalk, right-of-way, public place, or waterway, any dirt, earth, rock, clay, sand, shale, building material, debris or rubbish or any other material. Nothing contained herein shall prevent anyone performing the work of grading streets, alleys, sidewalks, rights-of-way, or public places or making improvements thereto from putting necessary materials at such places as may be necessary to perform the contracted work.
B. 
No owner, his/her agent or occupant of any land abutting upon any street, alley, sidewalk, public place or waterway in the City shall allow earth or any rubbish from such land to fall or wash upon any part of such street, alley, sidewalk, public place or waterway. Any work on private property adjacent to any such street, alley, sidewalk, public place or waterway shall be responsible for placing protective measures such as silt fences or other erosion control devices to protect such earth or rubbish leaving the private property and obtaining an required permits City for the work involved.
C. 
No person shall discharge or cause to be discharged into a natural or man-made stormwater system any waste materials, liquids, vapor, fat, gasoline, benzene, naphtha, oil or petroleum product, mud, straw, lawn clippings, tree limbs or branches, metal or plastic objects, rags, garbage or any other substance which is capable of causing an obstruction to the flow of the storm system or interfere with the proper operation of the system or which will pollute the natural creeks or waterways.
D. 
No person shall allow any water to accumulate and/or remain, or stagnate upon, in or about any lot, tract or piece of ground, with the exception of natural streams and waterways; or any barrels, buckets, kegs, tubs, cans or vessels of any kind whatsoever caused or permitted to be thrown, to be placed or to remain upon any lot, property or grounds in the City that might, could or would catch, hold, contain or retain water in which mosquitoes or insects, bugs, worms or living creatures might be bred, hatched, raised or allowed to remain or accumulate.
E. 
Regardless of any legal requirements, once an individual responsible for overseeing a facility or operation, or managing emergency responses for such, becomes aware of a known or suspected release of materials leading to illegal discharges or the discharge of pollutants into stormwater, storm drain systems, or U.S. water bodies, that person must promptly undertake all necessary actions to ensure the identification, containment, and cleanup of the said release. In instances involving hazardous materials, the responsible individual must immediately inform emergency response agencies of the occurrence through emergency dispatch services. Similarly, for releases of non-hazardous materials, the responsible party is obliged to notify the authorized enforcement agency in person, via telephone, or by facsimile no later than the following business day. Notifications conveyed through personal visits or telephone must be confirmed with written notices, duly addressed and mailed to the Public Works Department within three (3) business days from the initial phone notification. If the release of prohibited materials originates from a commercial or industrial establishment, the owner or operator of the said establishment must also maintain an on-site written record of the discharge incident and the measures undertaken to prevent its recurrence. These records must be maintained for a minimum of three (3) years.
[R.O. 1991 § 520.130; Ord. No. 2898-14 § 1, 7-1-2014; Ord. No. 3126-21, 12-7-2021]
A. 
It shall be the duty of all persons owning or occupying any real property fronting upon any street or public place to:
1. 
Not allow grass, weeds or other vegetation in excess of seven (7) inches to grow in the right-of-way from the street curb and/or edge of pavement where no edge is present to the property line within the City or any area between the property lines of the lot or parcel, and the curb line or edge of any adjacent street, and the centerline of any adjacent alley, including, but not specifically limited to, sidewalks, streets, alleys, easements, rights-of-way and all other areas.
2. 
Maintain sidewalk area by the abutting owner or occupant, which includes, but is not limited to:
a. 
Not allow the sidewalk to be or remain above or below the established grade of the sidewalk and keep the sidewalk in front of or alongside of the property in good order and free from obstructions and vegetation.
b. 
Remove from any such sidewalk all ice, snow, earth, weeds or other obstructions or substance that in any way obstructs or renders the sidewalk, curb and gutter dangerous, inconvenient or annoying to the traveling public.