Where not specifically addressed herein, the City Engineer shall
establish reasonable policies and standards for the above- and below-grade
condition and use/uses of the right-of-way which are dictated by the
City of Royal Oak Standard Specifications for Construction and City
of Royal Oak Engineering Site Plan Design Standards, and which may
be updated from time to time by the City Engineer.
A.
Obstructions. Unless otherwise approved, licensed or permitted by
the City, it shall be unlawful for any person, directly or indirectly,
himself or by his agent, clerk, or employee, to disrupt the normal
and intended use of, obstruct, overhang or encumber any highway, alley,
public place, sidewalk or crosswalk, or install, bury or put, place,
deposit, abandon, or allow to grow therein any of the following:
(1)
Animals, boxes, barrels, posts, fences, buildings, building materials,
dirt, mud, boulders, rocks, stones, signs, coal, bricks, building
material, rubbish, portable restroom facilities, portable storage
containers, roll-off trash containers, crane, lift or scaffold, planters,
pots, timbers, walls, or any other material or thing whatsoever.
(2)
Construction activities such as sawing, cutting, welding, building,
assembling and any other activity that impedes traffic or safe pedestrian
use.
(3)
Private utility systems installed within City right-of-way, including
irrigation systems, electrical systems, invisible fencing, etc.
(4)
Snow that has been shoveled, plowed or physically removed from private
property and placed or deposited onto the right-of-way.
(5)
Excessive plant growth or plant debris, including grass, shrubs,
trees or leaves or branches or overhang and overgrowth.
(6)
Vehicles of any kind.
B.
Encroachments. The City of Royal Oak may allow under agreement, license
or permit, certain above- and below-grade obstructions and other improvements
that deviate from City standards to be installed within or encroach
upon the right-of-way or in any public place.
(1)
The Community Development Department may establish standards and
regulations for reviewing, allowing and permitting the installation
of outdoor dining areas or sidewalk cafes.
(2)
The Community Development Department may establish standards for
reviewing, allowing and permitting the installation of sidewalk or
sandwich board signage.
C.
In all cases where this article is violated, the responsible person,
owner, occupant, builder or contractor shall remove the obstruction
or encumbrance either immediately if a hazardous or unsafe condition
is created, or within 24 hours after receiving notice to do so from
the City Engineer. Where personal service of such notice cannot be
made, such notice shall be securely posted in a conspicuous place
on said premises or abutting building. If the obstruction or encumbrance
identified is not removed in compliance with the aforesaid notice,
the City Engineer shall cause the same to be removed to a suitable
place in the City or disposed of. Said obstruction or encumbrance
shall not be returned to the owner, occupant, builder or contractor
until the cost of such removal and any fine, fee or related penalty
has first been paid.
No person shall use any part of the sidewalk facing his premises
for the purpose of exhibiting goods, wares, or merchandise for sale
without a special event permit issued by the City.
No person shall lease, sublease, use or permit to be used for
business or storage purposes any part of the right-of-way unless allowed
under agreement, license or permit described herein.
A.
BICYCLE
DOWNTOWN AREA
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE
ELECTRIC-ASSISTED BICYCLE
MOTORIZED SCOOTER
SEGWAY®
Definitions. As used in this section, the following words shall be
defined as follows:
A device propelled by human power upon which a person may
ride, having either two or three wheels in a tandem or tricycle arrangement,
all of which are over 14 inches in diameter.
The area bounded by and including Main Street north from
Seventh Street to Pingree Boulevard, south to Eleven Mile Road, west
to Lafayette Avenue, south to Lincoln Avenue, east to Washington Avenue,
north to Seventh Street and east to Main Street.
Power-assisted devices for mobility, such as motorized wheelchairs,
that make everyday life easier for someone who is partially or completely
immobile. Electric personal assistive mobility devices are not vehicles
as defined in this section.
A bicycle equipped with an electric power device that is
only engaged by human power.
Any vehicle not having a seat or saddle for the use of the
rider, designed to travel on not more than three wheels, and not capable
of propelling the vehicle at a speed greater than 30 miles per hour
on level ground. This includes hoverboards, skateboards, single-wheeled
skateboards and any other similar device.
A self-balancing, nontandem, two-wheeled device, designed
to transport only one person at a time, having an electrical propulsion
system with average power of 750 watts or one horsepower and a maximum
speed on a paved level surface of not more than 15 miles per hour.
B.
Bicycles, electric-assisted bicycles, electric personal assistive
mobility devices, and motorized scooters on sidewalks.
(1)
The operation of electric-assisted bicycles, Segway®, or motorized scooters is prohibited on all sidewalks and pedestrian
crosswalks in the downtown area, and in any other area designated
by the City Manager, as indicated by a traffic control device.
(2)
A person operating a bicycle, electric-assisted bicycle, Segway® or motorized scooter on a sidewalk or in a pedestrian
crosswalk shall yield the right-of-way to pedestrians and slower-moving
vehicles, and shall give an audible signal before overtaking and passing
a pedestrian or slower-moving vehicle.
(3)
A person operating a bicycle, electric-assisted bicycle, Segway®, or motorized scooter on a sidewalk or in a pedestrian
crosswalk shall have all the rights and duties applicable to a pedestrian
under the same circumstances.
(4)
This section does not apply to a police officer or any other City
employee in the performance of his or her official duties.