(a)
No
firm or corporation or person in such business shall engage in the
construction or building of any sidewalk, curb, curbing, or gutter
on any street, alley, or thoroughfare within the city without first
applying to the city secretary for a license to do such work and having
made and executed a bond to the city in the sum of one thousand dollars
($1,000.00) and having paid a license fee as set by the city council
and on file with the city secretary, and having obtained a permit
from the city to do such work. Said license shall expire one (1) year
from the date of issuance, and shall be issued anew for each succeeding
year.
(b)
Homeowners
constructing a sidewalk on personal property must also obtain a permit.
No fee shall be charged for such permit. Construction shall be subject
to inspection by the building inspector of the city.
(1987 Code, ch. 3, sec. 4A; 2001
Code, sec. 3.401)
It shall be unlawful for any person, to any extent, entirely
or in part, to obstruct or encumber any portion of any street, alley,
sidewalk or public ground in the city. This provision applies also
to any bus or truck stopping on the traveled portions of any street.
(1987 Code, ch. 3, sec. 4B; 2001
Code, sec. 3.402)
It shall be unlawful for any person or persons in charge of
vehicles on the streets or alleys of the city to fail or refuse to
move the same when requested to do so by any street cleaner when engaged
in cleaning the streets or alleys.
(1987 Code, ch. 3, sec. 4C; 2001
Code, sec. 3.403)
It shall be unlawful for anyone to sweep out or deposit on any
of the sidewalks or streets of the city any loose paper, filth or
trash of any kind.
(1987 Code, ch. 3, sec. 4D; 2001
Code, sec. 3.404)
It shall be unlawful for any person, persons or contractors,
under any pretext whatever, to interfere with, obstruct, injure or
alter in any manner any sewer, culvert, gutter or drain in the city
without a written permit and having paid a fee as set by the city
council and on file with the city secretary to the city.
(1987 Code, ch. 3, sec. 4E; 2001
Code, sec. 3.405)
It shall be unlawful for any person to abuse, deface or injure
any of the street signs of the city, maintained on the streets by
the city, by throwing rocks, stones or other hard substance against
same, or by scratching or defacing same in any manner, or otherwise
injuring same in any manner, or injure or deface the posts upon which
said signs are erected by throwing any rocks, stones or other hard
substances against same, or by scratching, cutting, bending or defacing
same in any manner.
(1987 Code, ch. 3, sec. 4F; 2001
Code, sec. 3.406)
All excavations of city streets, avenues, and alleys for utility
lines are to be backfilled with materials approved by the city. It
shall be unlawful for any person or persons, company or association,
under any pretext whatever, to make any excavation or embankment in
any street, avenue or alley in the city without a written permit from
the city. The fee for such permit shall be as set by the city council
and on file with the city secretary. Before such permit is issued,
said firm, corporation or person in such business shall execute a
bond of five thousand dollars ($5,000.00).
(1987 Code, ch. 3, sec. 4G; 2001
Code, sec. 3.407)
It shall be unlawful for any person to appropriate to his own
use and occupy any portion of a public street of the city as a stand
for the purpose of vending goods, wares, merchandise or newspapers
of any kind without first having obtained a permit from the city.
The city manager shall have the authority for issuing approval of
such permit. The fee shall be as set by the city council and on file
with the city secretary. For nonprofit, public service, and church
organizations the fee shall be waived. The city council shall retain
the power to review and amend any permits so issued.
(1987 Code, ch. 3, sec. 4H; 2001
Code, sec. 3.408)
Notwithstanding anything in this article to the contrary, a
business may use public sidewalks in accordance with the following:
(1)
A business may conduct a limited outdoor display of freestanding
goods and materials on that portion of the sidewalk in front of the
storefront or facade of the business only. Such goods and materials
may not encroach onto that portion of the sidewalk in front of property
adjacent to the business.
(2)
Nothing may be attached to or affixed to the sidewalk.
(3)
Items may only be placed in a manner that provides at least
48 inches of a clear pedestrian path on the sidewalk and that otherwise
complies with all local, state, and federal accessibility requirements,
including those contained in the Americans with Disabilities Act.
(4)
By placing items on the sidewalk, each business agrees:
(A)
That it is solely responsible for complying with all local,
state, and federal accessibility requirements, including those contained
in the Americans with Disabilities Act and is solely liable for any
such violations; and
(B)
To indemnify, defend, and hold harmless the city and all of
its officers, employees, and agents from any claim, damages, or costs
(including attorney fees) related to the display of such items.
(5)
If the city manager or designee thereof determines, in the sole,
unfettered discretion of the city manager or designee thereof, that
any items placed on the sidewalk are in violation of any local, state,
or federal regulation or are a detriment to the public health, safety,
or welfare, then the business must remove such items upon request
by the city. Such items may only be returned to the sidewalk upon
the written approval of the city manager or designee thereof.
(6)
Obstruction of any building entrance or required emergency ingress
and egress point is prohibited.
(7)
The following items may not be placed on a sidewalk under this
section:
(1987 Code, ch. 3, sec. 4I; 2001
Code, sec. 3.409; Ordinance
2023-642 adopted 12/11/2023)
