[1975 Code § 4.01]
All streets and alleys heretofore dedicated as such by the original
plat of the town of Le Roy, or by any addition thereto, the plat of
which has been accepted and approved by the City Council and made
a matter of record, and all streets, avenues, and alleys, opened,
laid out, established or extended in the manner provided by law and
ordinance, and their respective names as shown by such official plats
on file in the office of the City Clerk are hereby declared to be
public highways, and all such ordinances, orders and resolutions of
the City Council opening, laying out, establishing, extending and
naming any such streets, avenues or alleys are hereby continued in
force.
[1975 Code §§ 4.03, 4.04, 4.09; amended by
2003 Code; Ord. 15-12-02-90, 12-7-2015; Ord. 16-04-04-90, 4-18-2016]
A.
Obstructing Public Ways Prohibited: No person shall place, throw
or leave, or shall cause to be placed, thrown or left, any obstruction
in or upon any public way except as authorized by ordinance.
B.
Obstructing Public Ways With Building Materials: No contractor, builder
or other person shall encumber any street, alley or sidewalk in the
City with building or other like material without written permission
from the Mayor; nor, in case of such permission, shall be encumber
or obstruct more than 1/3 of the width of such street, or 1/2 of any
such sidewalk; nor shall such obstruction continue in any case longer
than may be necessary to the diligent completion of the work in hand.
C.
Encumbering Sidewalks During Delivery And Receipt Of Goods: No person
shall encumber or obstruct more than two feet of the outer edge of
any sidewalk with any goods, merchandise, fuel or any article he may
be receiving or delivering, nor shall be permit the same to remain
longer than may be necessary. In no case shall such time exceed 12
hours.
D.
Removal Of Encroachments: The owner of any building, fence or any
structure already erected or built extending into or encroaching upon
any street, alley or sidewalk within the City shall remove the same
within 30 days after being notified in writing so to do by the code
compliance officer.
E.
Business Use Of Public Sidewalks: The code enforcement officer or
his or her designee is authorized to promulgate and enforce rules
pertaining to business use of sidewalks. The officer or his or her
designee is authorized to recommend approval or denial of permits
for business use of sidewalks to the City Council. The City Council,
upon finding that the proposed use will not unduly interfere with
the public way, may approve the requested permit. The City Council
may impose any permit conditions necessary to maintain the public
way. The permit will be issued by the City Clerk upon payment of an
annual permit fee of $25. Applicants may appeal any permit conditions
or application denials to the City Council. Violation of the applicable
rules will be grounds for revocation of permit, after reasonable notice
and opportunity for hearing before the City Council.
[1975 Code § 4.02; amended by 2003 Code]
Any person who shall have made any excavation or placed any
obstruction on any public thoroughfare in the City, for any purpose
whatsoever, shall place appropriate barriers and warning devices thereon
to properly protect and warn the public.
[1975 Code § 4.10; amended by Ord.
687, 7-15-1996; Ord. 841, 5-17-1999; 2003 Code]
A.
Permit For Ditches, Tracks, Poles, Wires And Pipelines: No ditches,
drains, tracks, rails, poles, wires, pipelines or other equipment
of any public utility company, municipal corporation, or other public
or private corporation, association, or person shall be located, placed
or constructed upon, under or along any highway or street in the City
without first obtaining the written consent of the City superintendent
of streets, or other appropriate official designated by the Mayor
and City Council.
B.
Abandonment Of Substructures: Whenever the use of a substructure
or utility line is abandoned, except the abandonment of service lines
designed to serve single properties, the person owning, using, controlling,
or having an interest therein shall, within 30 days after such abandonment,
file with the City street superintendent a statement in writing giving
in detail the location of the substructure or underground utility
line so abandoned. If such abandoned substructure or underground utility
line is in the way, or subsequently becomes in the way, of an installation
of the City or of any other public body, which installation is pursuant
to a governmental function, the owner shall remove such abandoned
substructure or pay the cost of its removal during the course of excavation
for construction of the facility or underground utility line by the
City or any other public body.
C.
Auctions: No person shall, by outcry on the public streets, alleys
or public grounds of the City, or by auction, advertise or sell any
wares or merchandise without first having obtained permission so to
do from the Mayor and City Council.
[1975 Code § 4.07]
No person shall throw, leave or place, or cause to be thrown,
left or placed, or permit to remain when so thrown, left or placed,
any piles of ashes, or dirt or any filth or rubbish in or upon any
street, alley or sidewalk.
[Ord. 463, 9-21-1992]
A.
Obstructions Prohibited: It shall be unlawful for any person to injure,
obstruct, or place, throw, leave or cause to be placed or left any
encroachment, obstruction, encumbrance, fill, or object in or upon
any culvert or ditch located on property of the City or on or adjacent
to any street or alley right of way within the City, or to dump leaves,
rock, gravel, trash, soil or other materials into any other culvert
or ditch located on any property of the City or in any street or alley
right of way located within the City.
B.
Plan For Placement Of Culverts, Driveway Aprons And Erosion Control
Structures: The street superintendent, upon written application, may
approve, in writing, a plan for placement of culverts, driveway entrance
aprons, erosion control structures, and the like, in any ditch on
any City property or right of way located within the City when, in
the discretion of the street superintendent, such structure, control
facility, etc., is properly designed and the placement of such is
in the best interests of the City and the adjoining property owners
in order to control erosion, to permit adequate access to private
property, or for such other good reason as may be shown in the application
submitted to the street superintendent.
[Amended by 2003 Code]
C.
Liability For Damages: Any person who shall place, leave or cause
to be left any encroachment, obstruction or encumbrance in or upon
any culvert or ditch located on property of the City or on or adjacent
to any street or alley right of way within the City, or any person
who shall injure or obstruct any culvert or ditch, as aforesaid, or
any person who shall dump leaves, rock, gravel, trash, soil or other
materials into any other culvert or ditch, as aforesaid, shall in
all cases be liable to the City and to private persons for all injury
or damage arising therefrom.
[Ord. 482, 2-15-1993]
A.
Permit Required; Application: All property owners within the City
desiring a new access to a public street, alley or other public way,
or desiring to modify an existing access to any public street, alley
or other public way, are hereby required to obtain a driveway permit.
Driveway permits shall be on forms prepared by the City Clerk and
shall be issued by the code compliance officer, superintendent of
streets, or the City Administrator or his designee, whichever the
City Council shall designate. An application form for a driveway permit
shall also be prepared by the City Clerk and shall be made available
to members of the public as necessary to apply for a driveway permit.
[Amended by Ord. 786, 2-16-1998; 2003 Code]
B.
Considerations For Granting Permit:
1.
The City representative granting the driveway permit shall consider
the necessity of the new or modified access to the use, both current
and anticipated future use, of the property to be served by the new
or modified access, as well as considering the traffic patterns and
uses of the public way, in determining whether or not the new access
or proposed modification of the existing access is in the best interests
of the public.
2.
The City representative granting the driveway permit shall also consider:
a) the type of construction materials to be used; and b) safety precautions,
stated by the applicant, to be utilized during the period of construction
in order to protect passersby, vehicular traffic in the vicinity,
and the public.
3.
The City representative granting the driveway permit shall also determine
whether or not the new access or proposed modification of an existing
access will be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property
to be served by the new or modified access is located, and whether
or not the particular physical surroundings and other pertinent conditions
of the property to be served by the new or modified access indicate
a particular hardship upon the owner if the application for the new
or modified access is not approved as distinguished from a mere inconvenience
if the new or modified access is not approved.
[Ord. 482, 2-15-1993; amended by 2003 Code]
All entrances to any private premises which require a ditch
along a public right of way be crossed, including those for which
driveway permits are required, shall have a corrugated metal pipe
culvert of a diameter and length as specified by the City Administrator
or his designee, said pipe culvert to be installed at a designated
depth and grade in accordance with any other directions or requirements
of the City Administrator or his designee.
[1975 Code § 4.13; amended by 2003 Code]
All sidewalks hereafter constructed within the City on or along
the public streets and alleys shall be constructed only in accordance
with the following:
A.
Concrete Requirements: All concrete shall be six bag mix using air
entrained cement and crushed aggregate; minimum 4,000 psi twenty-eight-day
strength. Delivery slips shall be available indicating the mix being
delivered to the job site. The City reserves the right to conduct
any testing it desires and reject any work not in conformance with
these standards.
B.
Depth: All regular walks shall be four inches thick, except at driveways,
where sidewalks shall be six inches across approaches.
C.
Width: Sidewalks shall be four feet in width.
D.
Dummy Joints: Dummy joints shall be spaced every four feet and shall
be three-fourths inch to one inch deep.
E.
Expansion Joints: Expansion joints of one-half inch felt shall be
placed every 50 feet at the intersection of crosswalks, adjacent to
concrete driveways or at any locations otherwise instructed by the
engineer.
[Added 9-7-2021 by Ord. No. 21-09-04-50]
A.
In the
C-1 Commercial Zoning District, no person shall construct a building
awning over any City sidewalk, street, alley or other public way without
first securing a building permit from the City of Le Roy.
B.
No building
awning shall project over or occupy the air space above a City sidewalk
more than 50% of the width of the sidewalk immediately adjacent to
the building.
C.
All building
awnings shall be constructed in accordance with applicable laws and
City codes.
D.
Any person
who violates, disobeys, neglects or refuses to comply with any provision
of this section shall be subject to a fine in accordance with the
penalty provisions of this Code from $50 to $750. Each day a violation
exists shall be constitute a separate offense.
