[Adopted as Ch. 140 of the 2000 Code]
It is unlawful for a person to willfully remove, throw down,
destroy or carry away from any street or alley any lamp, obstruction,
guard or other article or things, or extinguish any lamp or other
light, erected or placed thereupon for the purpose of guarding or
enclosing unsafe or dangerous places in said street or alley without
the consent of the person in control thereof.
It is unlawful for any person to obstruct, deface, or injure
any street or alley in any manner.
It is unlawful for any person to throw or deposit on any street
or alley any glass, glass bottle, nails, tacks, wire, cans, trash,
garbage, rubbish, litter, offal, leaves, grass or any other debris
likely to be washed into the storm sewer and clog the storm sewer,
or any substance likely to injure any person, animal or vehicle.
[Ord. No. 02-27]
It is unlawful for any person to coast, sled, skateboard, roller
blade or play games on streets or alleys, except in the areas blocked
off or otherwise designated by the City for such purposes. It is unlawful
for any person to coast, sled, skateboard, roller blade or play games
on a City sidewalk within the Business District as defined in § 313-2,
Definitions, of this Code of Ordinances.
It is unlawful for any person to travel or operate any vehicle
on any street or alley temporarily closed by barricades, lights, signs,
or flares placed thereon by the authority or permission of any City
official, police officer or member of the Fire Department.
It is unlawful to park, store or place, temporarily or permanently,
any machinery or junk or any other goods, wares, and merchandise of
any kind upon any street or alley for the purpose of storage, exhibition,
sale or offering same for sale, without permission of the Council.
[Amended 8-17-2023 by Ord. No. 23-21]
It is unlawful for any person to use any public sidewalk, street
or alley for the purpose of washing or cleaning any automobile, truck,
equipment, or any vehicle of any kind when such work is done for hire
or as a business. This does not prevent any person from washing or
cleaning their own vehicle or equipment when it is lawfully parked
in the street or alley.
No person shall burn any trash, leaves, rubbish or other combustible
material in any curb and gutter or on any paved or surfaced street
or alley.
[Amended 3-23-2023 by Ord. No. 23-02]
It shall be the responsibility of the abutting property owner
to maintain all property outside the lot and property lines and inside
the curblines upon the public streets, except that the abutting property
owner shall not be required to remove diseased trees or dead wood
in trees on publicly owned property or rights-of-way. Maintenance
includes timely mowing and picking up litter.
If the abutting property owner does not perform an action required
under the above section within a reasonable time, the City may perform
the required action and assess the cost against the abutting property
for collection in the same manner as a property tax.
It is unlawful for any person to throw, push, or place or cause
to be thrown, pushed or placed, any ice or snow from private property,
sidewalks, or driveways onto the traveled way of a street or alley
so as to obstruct gutters, or impede the passage of vehicles upon
the street or alley or to create a hazardous condition therein; except
where, in the cleaning of large commercial drives in the Business
District it is absolutely necessary to move the snow onto the street
or alley temporarily, such accumulation shall be removed promptly
by the property owner or agent. Arrangements for the prompt removal
of such accumulations shall be made prior to moving the snow.
[Ord. No. 15-24]
The City Engineer shall not authorize any public or private
access to a public street, except in accordance with the provisions
of the latest edition of SUDAS as approved by the City Council. Variances
and appeals from the access standards referenced in this section may
be taken to the Council. Variances may be granted where the exercise
of sound and reasonable judgment indicates that the literal enforcement
of the criteria would cause an undue hardship to any interested party.
The nonrefundable fee for applying for an access permit shall be established
by Council resolution to reflect the current costs of issuing the
permit and supervising, regulating, and inspecting the work.
[Ord. No. 02-01]
A.
Permit required. No person shall
create, construct, use or maintain upon, over or under the surface
of any publicly owned real property or right-of-way within the City
any structure or animate thing or other encroachment of a private
character, unless and until City permission is granted and a written
permit has been issued therefor according to the following procedure.
[Ord. No. 06-19]
(1)
Exception:
Standard mailboxes may be installed without an encroachment permit
if they are designed to bend or fall away when struck by a vehicle
and constructed in accordance with the specifications for mailboxes
erected on highways published by the American Association of State
Highway and Transportation Officials.
(2)
For
the purpose of this subsection, a standard mailbox consists of a lightweight
sheet metal box meeting the specifications of the United States Postal
Service. Any person installing a mailbox that is more expensive than
a standard mailbox assumes all of the risk that it may be damaged
by the weight or force of a snowplow plowing snow. Mailboxes of any
kind not designed to bend or fall away when struck by a vehicle are
strictly prohibited and are a nuisance that may be subject to abatement.
B.
Application. An application for
an encroachment permit shall be made in writing to the City Manager's
office and accompanied by a complete plan in detail of the proposed
encroachment. The application will be forwarded to the applicable
department(s).
[Amended 3-23-2023 by Ord. No. 23-02]
C.
Approval. The applicable department(s)
may, after investigation, approve, modify or reject an application
for an encroachment permit. It may require as a condition precedent
to the issuance of a permit that the property owner enter into a contract
with the City and furnish a corporate surety bond conditioned to hold
the City harmless from any damages or expense of any nature sustained
by the City or any person or persons by reason of the encroachment
for which the permit is issued.
[Amended 3-23-2023 by Ord. No. 23-02]
D.
Revocation. All encroachment
permits shall expire one year from the date of issuance, but shall
automatically renew each year for an additional one year, unless the
City provides a written notice to the permit holder, by ordinary mail,
that the permit will not be automatically renewed. All permits are
subject to revocation prior to expiration, provided that the City
provides at least 20 days' notice of its intent to revoke the permit
and provides the opportunity for a hearing thereon. A permit previously
issued hereunder shall be revoked whenever the permit conflicts or
interferes with the City's current need to use its streets or property.
[Amended 3-23-2023 by Ord. No. 23-02]
E.
Issuance of permit. Upon approval
of an application for an encroachment permit the applicable department
shall collect the payment of the nonrefundable permit issuance fee
and issue the permit and retain a record thereof.
[Ord. No. 08-14; amended 3-23-2023 by Ord. No. 23-02]
