This article shall be known as and may be cited and referred to as the roadway obstruction ordinance of the city.
(Ordinance 8011, art. I, sec. 1, adopted 4/17/03; Ordinance 8011-A, art. I, sec. 1, adopted 1/4/07)
This article is enacted for the purpose of promoting the health, safety and general welfare of the community.
(Ordinance 8011, art. I, sec. 2, adopted 4/17/03; Ordinance 8011-A, art. I, sec. 2, adopted 1/4/07)
As concerns the interpretation and application, the provisions of this article shall be held to be minimum requirements. Where this article imposes greater restrictions than are imposed or required by other rules or regulations or ordinances, the provisions of this article shall control.
(Ordinance 8011, art. I, sec. 3, adopted 4/17/03; Ordinance 8011-A, art. I, sec. 3, adopted 1/4/07)
This article shall be in full force and effect in the city limits. Territory annexed into the corporate limits of the city subsequent to the effective date of this article shall immediately be subject to the provisions of this article.
(Ordinance 8011, art. I, sec. 4, adopted 4/17/03; Ordinance 8011-A, art. I, sec. 4, adopted 1/4/07)
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Alley
means a street that:
(1) 
Is not primarily for through traffic; and
(2) 
Provides access to rear entrances of building or lots along the street.
Obstruction
means any object that impedes [interferes] with free passage on and the use of the entire width of the roadway, alley or right-of-way, to include, but not limited to, basketball hoops/backboards, disabled vehicles, construction materials, trash or refuse.
Right-of-way
means the traveled portion of the roadway, including any public property within ten (10) feet of the curb line, and in the absence of a curb, the public property within ten (10) feet of the outside edge of the roadway. Right-of-way includes all medians within the public right-of-way.
Roadway
means the portion of a street, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular traffic.
Vehicle
means a device used to transport or draw persons or property on a street, but the term does not include a device used exclusively on stationary rails or tracks, or a manufactured home, or motorized toys such as electric scooters, gasoline powered carts or cars designed for use by children.
(Ordinance 8011, art. II, sec. 1, adopted 4/17/03; Ordinance 8011-A, art. II, sec. 1, adopted 1/4/07)
(a) 
General prohibition.
It shall be unlawful for any person to place, maintain, or cause to be placed or maintained any object as described in the definitions in this article, in such a manner as to encroach upon or obstruct any portion of a roadway, alley or right-of-way to the degree that the object impedes the free passage on and the use of the entire width of the roadway, alley or right-of-way by the public.
(b) 
Basketball hoops and backboards.
The placement of basketball hoops/backboards within the right-of-way, but not on the roadway, shall be permitted when the devices are in use. Upon termination of activities using said devices, the devices shall be moved away from the roadway and laid down on the ground.
(c) 
Exceptions.
This section does not apply to:
(1) 
Vehicles lawfully traveling on, or parked or stopped in or upon, the roadway or alley;
(2) 
Signs, barricades, or other traffic-control devices lawfully in place;
(3) 
Objects lawfully placed for the purpose of providing utilities or governmental services, such as utility lines, fire hoses, or waste collection containers; or
(4) 
Any other object otherwise permitted or required by law to encroach upon or obstruct the roadway or alley.
(Ordinance 8011, art. II, sec. 2, adopted 4/17/03; Ordinance 8011-A, art. II, sec. 2, adopted 1/4/07)
(a) 
Whenever the code enforcement officer shall determine that any violation of this article has occurred, he or she shall send a written notice to the violator.
(b) 
In addition to the written notice, the code enforcement officer may also post notice on the obstruction itself.
(c) 
The notice must state that the violation must be corrected and removed not later than the tenth (10th) day after the date of the notice.
(Ordinance 8011, art. II, sec. 3, adopted 4/17/03; Ordinance 8011-A, art. II, sec. 3, adopted 1/4/07)
(a) 
If the violation is not corrected or remedied within ten (10) days following the date of the notice required by this article, the code enforcement officer is authorized to correct or remove the violation. The city will store the removed object for thirty (30) days, after which it will be disposed of pursuant to state law. The cost of correction, removal, storage and/or disposal shall be assessed against the violator. Payment of such expenses shall not relieve any person from prosecution for violation of section 8.05.006.
(b) 
The code enforcement officer may issue a citation or summons to a person in charge of property within the city limits who violates this article. A person receiving a citation or summons who is convicted of violating any provision of this article shall be guilty of a class C misdemeanor and fined in accordance with the general penalty provided in section 1.01.009 of this code. Each day the violation continues shall be considered a separate offense. Such remedy under this section is in addition to the abatement restitution.
(c) 
This section shall not be construed to limit the authority granted by any other law for a police officer or other authorized person to remove an object that is obstructing traffic.
(d) 
The court may order abatement and removal of the source of an obstruction or encroachment upon conviction of an offense under this article.
(Ordinance 8011, art. II, sec. 4, adopted 4/17/03; Ordinance 8011-A, art. II, sec. 4, adopted 1/4/07; Ordinance adopting Code)
The code enforcement officer shall inform the violator, in his or her written notice to abate, that if the violator commits another violation of the same kind on or before the first anniversary, twelve (12) months, of the date of the notice, the code enforcement officer without further notice may correct the violation as provided in this article.
(Ordinance 8011, art. II, sec. 5, adopted 4/17/03; Ordinance 8011-A, art. II, sec. 5, adopted 1/4/07)