[Prior Code, Sec. 19-1]
Permission is hereby given to any owner, lessee or occupant of any property abutting on any residential street to set out and grow any kind of tree for shade purposes between the property line and the curb line of such property line, such trees to be set on a line or lines running parallel with the line of such property and shall not be set or grown in any other place or in any other manner.
[Prior Code, Sec. 19-2]
All decayed, dead or broken trees, and all dead, decayed or broken parts of trees, which are unsightly and liable to fall or be blown down and which are standing near any sidewalk in this City shall be removed by the owner or occupant or person having charge of the adjacent property or the property on which same are located.
[Prior Code, Sec. 19-3]
The owner of any premises abutting on any street of this City shall trim all trees and shrubbery growing in the parking between the sidewalks and the roadway of any such street and all trees and shrubbery growing on any part of the premises adjacent to the sidewalks or any street or alley, in such manner that the boughs of limbs thereof shall not obstruct free and convenient passage and travel along the streets, sidewalks and alleys. When such premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as hereinbefore required of the owner. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than 10 feet above the roadway of a street or alley, nor lower than eight feet above the sidewalk.
[Prior Code, Sec. 19-4]
Any owner or occupant who shall fail, refuse or neglect to remove or trim trees or shrubbery as provided in this chapter, after receiving five days' notice from the superintendent of streets to do so, shall be guilty of an offense against the City and, upon conviction thereof, be fined as provided in Section 1-108 of this Code.
[Prior Code, Sec. 19-5]
It is unlawful for any person to injure any tree or shrubbery on a street or alley in the City. This section shall not prohibit the lawful and proper care and removal of such trees and shrubbery.
[Prior Code, Sec. 19-6; amended 3-6-2023 by Ord. No. 1349-2023]
It is unlawful for any person, firm or corporation to place upon or permit to be placed upon the sidewalks, parkways, streets and alleys of the City any goods, wares, articles of merchandise or any other obstruction, and leave same thereon, or to use the same as a place to carry on a business or trade, except when done pursuant to a validly issued special event permit.
[Prior Code, Sec. 19-7; amended 3-6-2023 by Ord. No. 1349-2023]
It is unlawful for any person, firm or corporation to use or obstruct the sidewalks of the City in any manner so as to interfere unduly with pedestrian traffic thereon, or to use or obstruct the streets and alleys of the City in any manner so as to interfere unduly with lawful traffic and parking thereon, except when done pursuant to a validly issued special event permit.
[Prior Code, Sec. 19-8]
It is unlawful for any person, firm or corporation to deposit, throw or sweep into or upon the streets, alleys, parking or sidewalks of the City any paper, rubbish, grass, weeds, tree trimmings, dirt, trash, crates, boxes or other refuse of any kind.
[Prior Code, Sec. 19-9; amended 3-6-2023 by Ord. No. 1349-2023]
It is unlawful for any person or persons to obstruct the free use of any street, alley, sidewalk or other public way or walk by congregating or assembling thereon, except when done pursuant to a validly issued special event permit.
[Prior Code, Sec. 19-10]
A.
It is unlawful for any person, firm or corporation to obstruct any street, sidewalk or alley within the City by placing any approach driveway or other obstruction or substance whatever that will obstruct or prevent the natural flow of water into the storm sewers or drains or dam the same so as to back any water upon the streets, alleys, sidewalks or gutters.
B.
Any such obstruction is hereby declared to be a nuisance. The street department may abate the nuisance at any time, either with or without notice to owners or occupants of abutting property owners.
[Prior Code, Secs. 19-11, 19-12; amended by Ord. 1126-2008, 4-7-2008]
A.
No person shall install or lay any drainage pipe or culvert of less than twelve-inch diameter or without concrete or adequate hard surface at the end of the pipe or culvert, in the construction, repair or alteration of any driveway, sidewalk or other private way, if the drainage pipe or culvert when installed will be upon public property. An exception is granted from this section for ten-inch steel or equivalent metal pipe or culverts which may be used in flat areas of the City where adjoining drainage ditches are not sufficiently deep that any advantage could be gained from larger pipe or culverts. All drainage pipes or culverts so installed in the City shall be either of steel or equivalent metal or concrete construction. Such person shall first obtain a permit from the City Clerk with the approval of the street department for work to be done.
B.
It shall be the duty of the street department to inspect each and every drainage tile installed within the corporate limits of the City as provided in this section.
[Prior Code, Sec. 19-13]
It is unlawful for any person to play on the sidewalks or upon the main traveled portion of the streets and alleys of the City, except as may be authorized by ordinance.
[Prior Code, Sec. 19-14]
The washing of an automobile or other vehicle in any street in the City is hereby prohibited.
[Prior Code, Sec. 19-15]
No automobile or other vehicle shall be washed at any place within the City where the water, dirt, mud or other substances removed therefrom by or during the washing thereof, shall drain into or upon any street or sidewalk of the City.
[Prior Code, Sec. 19-16]
It is unlawful for any owner or operator of a filling station or other place of business, or any agent or employee thereof, to cause or allow water, grease or other fluid to flow or drain into, upon, over or across any sidewalk, parking, street, alley or other public way.
[Prior Code, Sec. 19-17]
It is unlawful for any person to ride or drive any animal or to drive any vehicle over any newly paved street, avenue or alley in this City before such paving shall have been accepted by this City and before the same shall have been formally opened by this City for public travel thereon. The contractor or other person having charge of such paving shall erect and maintain barriers at the end of the streets, avenues and alleys on which such paving is being done, as well as at all street intersections thereon.
[Ord. 1005-2003, 4-7-2003]
No person shall excavate, dig in, alter or change or interfere with any street, avenue, alley, sidewalk, pavement, curbing or other public ground or the surface thereof, within the limits of this City, for any purpose whatsoever, unless the provisions of this section through Section 14-224 of this chapter have been complied with. Such person shall first obtain a permit from the City Clerk with the approval of the street commissioner and the superintendent of the municipal utility board for such work to be done. As a condition of excavation, all asphalt and concrete surfaces shall first be saw cut with appropriate machinery prior to excavation.
[Ord. 1005-2003, 4-7-2003]
A.
Fee Required: A fee is required to be paid to the office of the City Clerk, City of Tahlequah, based on rates prescribed herein and a permit obtained thereto prior to initiating any type of excavation described in this Code. Fees established are as set forth in Chapter 1-3, Fees.
[Amended 4-5-2021 by Ord. No. 1320-2021]
B.
Penalty: Any person, firm or corporation violating the provisions of this section shall upon conviction thereof be subject to a fine not to exceed $500 per square foot of street cut or imprisonment in the City jail not exceeding 30 days or both fine and imprisonment. Each day constitutes a separate offense.
[Ord. 1005-2003, 4-7-2003]
A.
Backfilling: Upon completion of construction, the permit holder shall have 30 days to backfill all types of excavations with appropriate materials to include not less than three inches of sand under a backfill of aggregate base. All surfaces are to be restored so as to provide a smooth and serviceable surface for public use until the street department, under the supervision of the street commissioner, shall replace the blacktop.
B.
Exemptions: Tahlequah public works authority shall be exempt from these fees and required, within 30 days, to restore the entire surface to the original condition of the street before any alterations were done and final approval be made by the street commissioner or his designee. Until final approval by the street commissioner or his designee, TPWA will be responsible for maintaining the excavation site with a smooth and serviceable surface for public use.
[Prior Code, Sec. 19-21]
It is hereby made the duty of any person, during any excavation to safely guard the public against any and all accidents liable to occur as a result of the same, by providing suitable and adequate warning signs, lights, safeguards, railings and guard devices around any such excavations, ditches or trenches. From sunset to sunrise, he shall maintain a sufficient number of red lights or torches on each side of such excavations, trenches or ditches as is necessary to give adequate and suitable warning of danger.
[Prior Code, Sec. 19-22; amended by Ord. 1126-2008, 4-7-2008]
All excavation or alteration work shall be done under the supervision of the street department. The cash or bond shall be returned, upon performance of the work as herein required, in a reasonable time. The street department shall utilize such portion of the cash deposit or bond as may be necessary for the purpose of restoring the places to their former condition.
[Prior Code, Sec. 19-23]
Any person authorized to do any work described in Section 14-217 of this chapter must, at the time of the excavation and until the place is restored to its original condition, construct and maintain an appropriate bridge across said work for the passage of pedestrians at all times. At night such persons shall place and maintain a red light on each side of said bridge to warn the public, and said bridge shall have banisters or guardrails, if any ditch is left open on either side. Torches may be used in place of the red lights herein required.
[Prior Code, Sec. 19-24]
In all cases where the ditch or excavation runs parallel with the street either to the sidewalk in the street or a driveway, a red or amber light shall be placed not more than 25 feet apart all along the ditch. The lights shall be maintained from sunset until sunrise.
[Prior Code, Sec. 19-25]
It shall be the duty of every person, firm or corporation owning property in this City to keep the sidewalk adjoining his lot or lots in repair and in a safe condition for the public use and travel and to not permit or suffer the same to become broken, unsafe or out of repair.
[Prior Code, Sec. 19-26]
Any person, firm or corporation who shall violate any provision of this chapter by doing any act prohibited or declared to be unlawful thereby, or declared to be an offense or misdemeanor thereby, or who shall fail to do any act required by any such provision, or who shall fail to do any act such provision declares such failure to be unlawful or to be an offense or misdemeanor, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Section 1-108 of this Code.
[Added 5-15-2023 by Ord. No. 1356-2023]
A. CLOSE EASEMENT PUBLIC WAY SPECIAL EVENTS COMMITTEE
As used in this section, the following terms shall have the following meanings:
The enactment of an ordinance closing and discontinuing the public use of a public way or easement without affecting title to real property;
Rights in real property as set forth in 60 OS § 49.
A street, avenue, boulevard, alley, easement, lane or thoroughfare open for public use.
The street closure committee established by Section 11-202 of the Tahlequah City Code.
B.
The applicant shall apply to the planning commission in writing for the closure of any public way. The written application on a form provided by the planning director shall contain the following information:
1.
The full name, address, and phone number of the applicant;
2.
A complete legal description of the public way or easement which applicant wishes to close;
3.
A complete list of the reasons upon which applicant bases his or her request for closure of the public way or easement;
4.
A list of all holders of a franchise or easement located within the public way or easement sought to be closed;
5.
A certified list of the names and addresses of all property owners of record within 300 feet of the public way sought to be closed. This list must be certified as current and accurate by a registered professional engineer, and attorney, a bonded abstractor, or a registered land surveyor.
6.
A nonrefundable application fee as set out in the fee schedule shall be paid at the time of filing of the application.
C.
After the application and all required information are submitted, the planning director shall place the item on the next special events committee agenda. The special events committee shall investigate to determine the desirability of closing such public way or easement and recommends the approval or denial of said request. The special events committee shall make a recommendation no later than the date of the hearing of the application by the planning commission.
D.
On receipt of the written application, the planning director shall select a date for hearing the application and see that the same is placed on the agenda of the planning commission, no less than 30 days from the date of submission of said written application.
E.
Upon receiving the date the planning commission shall hear the application from the planning director, the applicant shall:
1.
Publish in a newspaper qualified to print legal publications, one time, at least 15 days prior to the meeting of the planning commission a notice of the application and hearing; said notice to contain the following:
2.
Send written notification:
a.
All owners of land, as shown by the current year's tax rolls in the office of the county treasurer, within 300 feet of the public way or easement sought to be closed;
b.
All persons, firms or corporations, not otherwise required to be notified, that are known by the applicant to claim an interest or right in the public way or easement sought to be closed; and
c.
Any holder of a franchise or easement within the area proposed to be closed.
F.
Following consideration of the application the planning commission shall forward their recommendation to the City Council.
G.
The City Council shall hear and consider the same and render a final decision to approve or disapprove said application. If the City Council shall deem it appropriate to close the public way, the City Council shall approve an ordinance closing the public way or easement.
H.
The City shall retain the absolute right to reopen the public way or easement without expense to the municipality. The public way or easement may be reopened by ordinance whenever:
I.
Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof.
J.
The partial closing of a public way or easement is not permitted. By way of illustration and not as a limitation, closing only 1/2 of an alley in a block will not be allowed.
