[CC 1985 § 26-16; Ord. No. 5947 § 9, 2-21-1984]
It shall be the duty of any owner, or the person in charge of
any property along any street or alley within the City, to keep the
same in such condition that it will not endanger the life, limbs or
person of any passerby; and when any such owner or person in charge
shall be notified by the Director of Municipal Services, Chief of
Police or any Policeman to repair or to remove any tree, or limb thereof,
building, roof, chimney, wall, shed, awning, cellar door, stairway
or other structure of any kind so that the same will not be dangerous
to any passerby, it shall be unlawful for any such person to fail
to comply with said notice as soon as reasonable.
[CC 1985 § 26-17]
It shall be unlawful for any person to erect or maintain any
awning or sign board or other obstruction on any sidewalk or street,
in such manner as to obstruct or obscure the light of any street light.
[CC 1985 § 26-18]
A. Sidewalks. All rigid or permanent awnings overhanging any
sidewalk in the City shall be so constructed that they shall clear
the surface of the sidewalk by at least seven (7) feet; and all retractable
awnings shall be so hung that they shall clear the surface of the
sidewalk by at least six and one-half (6 1/2) feet.
B. Vehicular Way. No awning in the City shall be so constructed
or hung that it shall clear the vehicular portion of any street or
alley by a distance of less than fourteen (14) feet.
[CC 1985 § 26-19]
It shall be unlawful for any person to mischievously obstruct
any street, sidewalk or alley within the City by placing boxes, barrels
or any other matter on such streets, sidewalks or alleys, or to stretch
ropes, wires or strings across the same.
[CC 1985 § 26-20]
It shall be unlawful for any person in making any improvements
on any lot or tract of ground in the City to block or obstruct any
street or alley near the same, or to place any material used, or to
be used, in the improvements in, along or upon the street or alley
without leaving reasonable room for use and passage by the public;
or to make any excavation in or near any street or alley while making
said improvements, and not fully guard the same against damage or
injury to any person, while using the street or alley; or to fail,
refuse or neglect to construct or provide railings or barriers along
the lots or improvement, to protect the public from danger or injury,
during the construction or repairing of any building; or to fail at
night to keep upon such material, obstruction or excavation a bright
light sufficient to reveal all the same.
[CC 1985 § 26-21]
It shall be the duty of every contractor or other person who
shall place material of any character in any street or alley for the
construction of any building, sidewalk, curbing or other work, to
remove all such material and the refuse and debris therefrom within
five (5) days after such work is completed and to clean up the street
or alley and have same in as good condition as it was prior to the
placing of such material in such street or alley.
[CC 1985 § 26-22]
A. Whenever there is snow on the sidewalk in the City, the
occupants of property abutting such sidewalks shall clean the snow
from the sidewalk fronting or abutting the property occupied by them,
within six (6) hours after the snow ceases to fall; provided, that
if such snow falls during the night, then it shall be removed from
such sidewalk before 12:00 noon on the day immediately after the fall
of the snow; and provided further, that if any such property abutting
the sidewalk is unoccupied or vacant, then such sidewalk shall be
cleaned by the owner of such property; and provided further, that
if the owner of such property is a nonresident of the City, such sidewalk
shall be cleaned by the resident agent of the owner of such property.
B. It is further provided herein that the Director of Municipal
Services or his/her authorized representative shall be responsible
for enforcement of this section and responsible for giving notice
to any and all occupants who are in violation of this Section, and
if the occupant or owner of the premises does not comply with the
provisions of this section immediately upon receiving notice that
he/she is in violation that the City acting through the Director of
Municipal Services or his/her authorized representative, shall have
the right and duty to remove the snow from the areas in question and
shall bill the occupant, occupants or owner of the premises for such
removal.
[Ord. No. 5947 § 9, 2-21-1984]
[CC 1985 § 26-23; Ord. No. 5947 § 9, 2-21-1984]
Whenever there is dirt or mud on a sidewalk of the City, the
occupants of the property abutting such sidewalk shall clean the dirt
and mud from the sidewalk fronting or abutting the property occupied
by them, within twenty-four (24) hours after being notified to do
so by the Director of Municipal Services, or by any Police Officer
of the City; provided, that if any property abutting the sidewalk
is unoccupied or vacant, then such sidewalk shall be cleaned by the
owner of such property within the time above provided, after a service
of notice, as aforesaid; provided, further, that if the owner of such
unoccupied or vacant property is a nonresident of the City, then such
sidewalk shall be cleaned by the resident agent of the owner of such
property within the time provided after service of notice as aforesaid.
[CC 1985 § 26-24]
It shall be unlawful for any person to take from or deposit
on any street, alley, thoroughfare, sidewalk or other public place
of the City, or from or on property not controlled or owned by him/her,
without having lawful authority so to do any turf, loam, gravel, rock,
dirt or other material.
[CC 1985 § 26-25]
A. Permit Required. No person shall be permitted to move houses
or any other buildings in the streets of the City without first having
obtained a permit from the Mayor therefor.
B. Liability Of Contractor. The contractor performing the
work of moving any house or building shall be liable for any and all
damages done to any property whatsoever while performing the work;
and shall also be liable for any and all damages which may result
against the City on account of such moving.
C. Bond Of Contractor. The contractor shall give bond in an
amount to be fixed by the City Engineer, to cover any damages done
to property owners in the moving of any houses or buildings and to
indemnify the City for any damages and losses sustained, which bond
shall be approved by the City Council.
[CC 1985 § 26-26]
No gate shall be constructed or swung or maintained in such
manner as to open across or over any sidewalk laid along any public
street within the City.
[CC 1985 § 26-27]
A. Gutters. All buildings that may be constructed so that
the roof extends to or over any street, alley or public highway, in
the City shall have a roof gutter of a size sufficient to catch all
the water that drains from the roof, and conduct it to downspouts
of sufficient size to carry off the water without causing the roof
gutter to overflow.
B. Downspouts. Such downspouts leading from the roof gutter
shall extend to the ground and shall be so constructed that the water
carried thereby shall not run across or upon any sidewalk, and so
that such water shall not interfere in any manner with traffic upon
such street, alley or other highway.
[CC 1985 § 26-28]
It shall be unlawful for any person to keep or leave open any
cellar door or grating of any vault, on any street, highway or sidewalk,
or to suffer any such grating or door belonging to the premises occupied
by him/her to be in any insecure or unsafe condition, or to suffer
any well, cistern or other excavation adjacent to any street or public
place, on premises owned or occupied by him/her to remain uncovered
or in an unsafe condition.
[CC 1985 § 26-29]
A. It shall be unlawful for any person to display, place or
set out any goods, implements, merchandise, stand or any other thing
on any part of any street, alley or sidewalk around the "square" or
within two (2) blocks of the square or to cause or suffer the same
to be done without prior approval of the City Council.
B. The owners or operators of any of the property hereinabove
designated may with the prior approval of the City Council, after
obtaining a building permit and under the direction of the City Engineer,
improve and beautify their property by placing thereon things of an
ornamental nature, including planters, plants and ornamental structures
on sidewalks in front of their business, providing such structures
are so placed that they will not interfere with pedestrian traffic
in the vicinity thereof. Owners shall be responsible for keeping such
structures in good repair and shall carry liability insurance in regard
to such structures.
C. This Section shall not apply to the erection and placing
on the sidewalk of a storm door during the winter months, provided
the storm door shall not extend out from the building more than three
and one-half (3 1/2) feet.
[CC 1985 § 26-30]
A. Use Of Alleys During Certain Hours. No vehicle shall remain
upon any public street for the purpose of receiving and discharging
freight between the hours of 9:00 A.M. and 7:00 P.M. whenever there
is a public alley which has connection with the premises where the
freight is to be delivered or received and such delivery or receipt
is practicable through the alley.
B. Backing To Curb. A vehicle shall remain backed to the curb
only long enough to be loaded or unloaded.
C. Loading, Unloading In Congested District. When taking or
discharging freight, vehicles in the congested district, being the
area within one block of the public square, so far as the same is
practicable, shall be loaded or unloaded from the right side and not
from the end of the vehicle, and the vehicle shall be drawn in close
to the curb.
D. Manner Of Parking; Time Limit. Wagons or trucks for the
delivery of merchandise will be required to pull in close to the curb
and parallel with it for the purpose of loading and unloading and
shall remain for no longer period than is absolutely necessary, and
in no case shall any vehicle of whatever class be permitted to stop
abreast of another, except in case of an emergency which cannot be
avoided.
E. Standing Near Theater, Hotel, Church. No vehicle shall
be left standing longer than necessary to load or unload in front
of or within ten (10) feet of either side of the entrance to any theater,
hotel or church.
[CC 1985 § 26-31]
No vehicle shall be permitted to stand upon any boulevard, parkway,
avenue, street or public place to the obstruction of the same or to
the inconvenience of travel.
[CC 1985 § 26-33]
It shall be unlawful for any person to plant any trees or shrubs
upon the right-of-way of any street within the limits of the City.
[CC 1985 § 26-34; Ord. No. 5947 § 9, 2-21-1984]
It shall be the duty of the Director of Municipal Services to
cut, remove and trim the trees growing upon the streets and alleys
of the City, where it shall be necessary for the purpose of using
the streets and alleys for the purpose of running wires for any purpose,
or for the purpose of improving the condition of the streets, alleys
or trees. All such trimming and cutting shall be done in such manner
as to do as little injury as possible to any tree so cut or trimmed.
[CC 1985 § 26-35; Ord. No. 5947 § 9, 2-21-1984]
It shall be the duty of any owner or occupant of any premises
upon which trees may be growing the branches and limbs of which shall
extend into and over the streets of the City to trim and cut off the
branches of such trees so extending into any such street or alley,
upon being notified so to do by the Director of Municipal Services;
and it shall be unlawful for any person so notified to fail or refuse
to comply with the request, so made, within three (3) days after being
notified.
[CC 1985 § 26-36]
Every person owning a hedge fence over five (5) years old, upon
the line of any public street or alley in the City, is hereby required
to cut the same down to the height of not more than five (5) feet
nor less than four (4) feet, once every two (2) years; provided that
hedge fences enclosing orchards, house yards and stockyards shall
be exempted from the provisions of this Section.
[CC 1985 § 26-37; Ord. No. 5947 § 9, 2-21-1984]
A. Notice; Contents, Service. It shall be the duty of the Director of Municipal Services when upon the line of any public street or alley is situated a hedge fence exceeding the height prescribed in Section
510.290 once in every two (2) years to notify the owner of such fence to cut the same down to the height therein provided; said notice shall be in writing, and shall be served by the Director of Municipal Services delivering the same to the owner or owners or agents of any such fence, or by leaving said notice at the usual place of abode of such owner or his/her agent, or by posting the same upon the line of such street or alley, when the owner or his/her agent cannot be found.
B. Effect Of Noncompliance By Owner. If, after thirty (30)
days from the date of the service of the notice hereinbefore described,
the owner or his/her agent shall fail or refuse to cut the same down
to the height herein required, then it shall be the duty of the Director
of Municipal Services forthwith to proceed to have the same cut down
according to the provisions of this Section; and all costs and expenses
which he/she shall necessarily incur shall be reported by the Director
of Municipal Services to the City Council and after said report has
been adopted by the Council the amount specified in said report shall
be charged against the owner of the land upon which such fence is
situated, shall constitute a tax upon such land, and shall be collected
as other revenues of said City are now collected by law.
[CC 1985 § 26-38; Ord. No. 5833 §§ 2 — 9, 10-4-1982]
A. It is deemed necessary, in the interest of the public health,
welfare and safety of the citizens of the City, and for the free flow
of traffic within the City, that the intersection sight distances
be regulated within the City.
B. It shall hereafter be unlawful for any tree, shrub, bush,
vine, hedge or plant, or any other vegetation of any kind, to be grown,
maintained or cultivated in such a manner so that any portion of such
tree, shrub, bush, vine, hedge, plant or vegetation obstructs the
sight distance triangle hereinafter described; provided, however,
that all established shade trees now growing at any street intersection
may be trimmed in such a manner that no overhanging or low branches
shall obstruct the sight distance triangle.
C. It shall hereafter be unlawful for any board fence, billboard,
advertising sign, solid utility appurtenance greater than eighteen
(18) inches in diameter, and similar appurtenances to be placed, maintained
in such manner so that any portion of the objects obstructs the sight
distance triangle; provided, however, that this does not include buildings
and parts thereof existing on October 4, 1982.
D. It shall hereafter be unlawful to park any motor vehicle
within the sight distance triangle, except permitted on-street parking,
and the motor vehicles parked in the sight distance triangle are hereby
declared to be nuisances.
E. The "sight distance triangle," for the purposes of this Section,
shall mean an area of each quadrant of a street intersection in which
vision of motor vehicle drivers shall not be materially impeded between
the heights of two and one-half (2 1/2) feet and eight (8) feet
above the grade of the adjacent street gutter or edge of pavement,
measured from the point of intersection of the center lines of the
streets, sixty-five (65) feet in each direction along the center line
of the streets. At the intersection of arterial streets, shown on
the major street plan of the City, the sixty-five-foot distance shall
be increased to ninety-five (95) feet. The term "street" for the purposes
of this section means the existing pavement or travelway surfaces
and is irrespective of property lines.
F. It shall be the duty of the owner of any lot or parcel
of ground in the City to maintain the sight distance triangle clear
of vegetation, trees and other visibility obstructions to the curbline
or travelway of adjacent streets.
G. The Director of Municipal Services, or his/her duly authorized
representative, shall inspect street intersections which come to his/her
attention as having a sight distance blockage and shall make an examination
thereof. If the Director of Municipal Services finds that the intersection
has a sight distance blockage, he/she shall issue a notice in writing,
sent by certified mail to the owners of the real estate where such
obstruction is located and the owners shall have twenty (20) days
within which to remove the sight distance blockage from the date of
the notice. If the owners do not remove the sight distance obstructions
in the aforementioned time, the City shall remove or cause to be removed
the objects, trees, bushes or vegetation causing the sight distance
blockage, and the City Clerk shall issue a special tax bill against
the respective owners for the cost of the sight distance removals,
including those on adjacent street right-of-way.
[Ord. No. 5947 § 9, 2-21-1984]
H. It shall be lawful for the Director of Municipal Services
or contractor working under his/her direction to enter the premises
of any landowner or tenant adjacent to any of the street intersections
as necessary to remove or prevent the sight distance obstruction.
[Ord. No. 5947 § 9, 2-21-1984]