[Amended 7-5-2011]
Except as provided in Title 21 for installation of poles, wires
and electrical conduits, no person shall break or dig up the ground
or pavement in any street, lane, alley, sidewalk, or common in the
city, or erect any staging for building thereon, or in dangerous or
inconvenient proximity thereto, or place or deposit any stone, earth,
brick, lumber or other building materials thereon, without first obtaining
a written permit from the commissioner of public works, and complying
in all respects with the conditions of such permit; which permit shall
state the time allowed for the continuance of the obstructions within
the public highway or street. Before such permit is issued to a person
he should pay a fee of $2.
(a)
Whenever
any street, lane, alley, or sidewalks, or other public place in the
city, shall, under any permit or license granted by authority of the
city, be dug up, obstructed, encumbered or otherwise thereby rendered
unsafe or inconvenient for travel, the persons so permitted shall
put, and at all times keep up, a suitable railing or fence around
the section of any street, lane, alley, or other public place so obstructed,
so long as the same shall be or remain unsafe or inconvenient as aforesaid;
and shall also keep one or more lighting devices fixed to such fence,
or fixed in some other proper manner, every night from twilight in
the evening and throughout the whole night, so long as such railing
or fence shall be kept standing, or obstruction remain. No person
shall unlawfully remove or disturb any such railing or fence, or unlawfully
remove or disturb any such lighting device or extinguish light thereof.
When a permit is issued to a person to dig within the limits of a
street, highway or common, he shall, within a reasonable time, fix
and repair such street, highway or common to the satisfaction and
acceptance of the commissioner of public works.
(b)
If, within
a reasonable time, the person to whom the permit is issued does not
fix and repair such street, highway or common to the satisfaction
and acceptance of the commissioner of public works, the work may be
done by the City of Rutland and the said City of Rutland may recover
the amount it has expended for such work in an action on this section.
[Amended 9-10-2009; 7-5-2011; 3-15-2021 by Ord. No. 291]
(a)
No person shall establish or maintain any awning or shade, or suspend or display any sign or article of merchandise, in, upon or over any part of any sidewalk, the traveled portion of any street or highway, or the area between the sidewalk and the traveled portion of any highway, without a written permit from the Board of Aldermen, which permit shall be revoked at any time; and any person having such permit so establishing or maintaining the same shall, in all respects, conform to any directions in relation to the location, extent, material, construction and maintenance thereof which shall be given by the Board of Aldermen; provided, however, that no permit shall be granted to erect or maintain any awning, shade or sign over any street or sidewalk at a height of less than eight feet from the sidewalk to the lowest part of the awning, shade or sign; and provided, further, that no permit shall be granted to erect or maintain any sign more than five feet from a building regardless of the location of the street line; except that marquees may be erected and banners may be erected which extend over and across the public street with the approval of and at the discretion of the Board of Aldermen, upon written application therefor accompanied by plans and specifications approved by the Building Inspector. Notwithstanding the above, signs and banners are prohibited on all federal aid highways except traffic control signs, banners and devices. Notwithstanding the above, no flag may be suspended or displayed upon or over any part of any sidewalk at a height of less than five feet from the sidewalk to the lowest part of such flag. Notwithstanding the above, the placement of temporary banners extending over the public right-of-way in the Rutland Downtown Redevelopment Area shall be governed by R.O.R. § 1409.[1]
No person shall erect, set up or maintain any portico, platform
or doorstep, extending into any highway, street or sidewalk.
No person, firm or corporation shall at any time deposit on
any land within the city limits other than such public dumping ground
as may be authorized and maintained by the city, any waste or discarded
materials or matter of any kind, except ashes, dirt, bricks, stones
or such other materials as are commonly used for and are suitable
for filling purposes only, and then only for filling purposed and
with the consent and approval of the owner and occupant of the land
on which such materials are deposited.
No person shall enclose any part of any highway, or street,
or erect any fence, building or other encroachment, or make any obstructions,
or put any nuisance on any highway or street, or continue any such
enclosure, fence, building, encroachment or nuisance on any highway
or street.
No person shall erect or maintain any barbed wire fence or railing
upon the line of any sidewalk or street in the city or near thereto,
or so located as to be within reach of and dangerous to any passerby,
upon such street or sidewalk.
No person shall display for sale any merchandise in any street
or public place or on any sidewalk in the city unless such person
has first procured a license therefor from the board of aldermen.
(a)
No person
shall injure, deface or destroy any traffic control light, power pole
or any building, fence, post or any other thing erected for use or
ornament of the city; nor shall any person move, mutilate, or destroy
any privately owned sign, sign-post, awning, or other thing erected
upon any street, highway or public place in the city.
(b)
It shall
be unlawful for any unauthorized person to deface, injure, tamper
with, open, break, destroy or remove the immobilizer, impair the usefulness
thereof or attempt to do any of those acts. A violation of this section
will be considered a civil violation of Rutland City ordinance. This
can carry with it a fine up to $500 plus any cost of collection and/or
cost of repair or replacement of the immobilization device.
No person shall cut down or remove, mutilate, or otherwise injure
or destroy any fruit, shade or other ornamental tree or plant or flower
now growing, or which may hereafter be growing in any public street,
lane, alley, common or other public ground in the city without the
permission of the board of aldermen, or upon private premises, without
permission of the owners thereof. No person shall fasten any horse
or other animal to any such tree or place or leave such horse or other
animal so as to endanger or deface the same.
No person shall wash or clean or cause to be washed or cleaned,
between the hours of 8:00 in the morning and 10:00 in the evening,
any window or part of a building located upon any business street
in the city, in such a manner as to wet or litter up any portion of
the sidewalk or street.
No person shall sweep, throw or place any store sweepings, dirt
or rubbish, of any kind upon any sidewalk, or street, or in any sewer,
or so sweep, throw or place any such sweepings, dirt or rubbish, that
it will be liable to be pushed, blown, washed or otherwise carried
upon any sidewalk or street into any sewer.
No exclusive privilege or permanent franchise shall be granted
by the city with reference to the occupancy and use of any street
or public place within the city by any corporation, firm or individual
for any purpose whatever without obtaining a permit from the board
of aldermen. Every corporation, firm and individual granted a franchise
permitting the occupancy and use of any street or public place within
the city shall at all times defend, keep harmless and indemnify the
City of Rutland of and from all damages, cost and expense to which
the city may be subjected or made liable by any proceedings at law
or in equity or otherwise growing out of the exercise or enjoyment
of the rights and privileges within the streets and public places
of the city by any such corporation, firm or individual.
(a)
Findings.
The Board of Aldermen finds that unregulated operation of play vehicles,
skateboards, roller skates, or roller skis on public streets, sidewalks,
parking lots and the public parks is a hazard both to the public and
to individuals operating such play vehicles because such operation
tends to conflict with efficient and safe vehicular and pedestrian
use of such areas. The Board of Aldermen further finds that unregulated
operation of play vehicles on private property without permission
of the owner of such property is an infringement upon private property
rights and leads to confrontations between property owners and persons
riding such play vehicles.
(b)
PERSON:
PLAY VEHICLE:
RIDE OR RIDING:
Definitions.
As used in this ordinance, the following terms and terms derived from
them shall have the following meanings, unless the context clearly
indicates that a different meaning is intended.
Any natural person, whether minor or adult.
A coaster, skateboard, roller skates, sled toboggan, ice-skates,
roller blades or roller skis or other like vehicle excluding bicycles.
Either wholly or partially sitting, standing or lying upon
a play vehicle by a person whether such play vehicle is in motion
or stationary.
(c)
It shall
be unlawful for any person to ride a skateboard, roller skates, roller
skis or play vehicle in Depot Park in the downtown of the City of
Rutland or on any sidewalk, street, parking lot or public park in
the downtown of the city (as defined by 27 ROR 4705(a)) unless such
person shall yield the right-of-way to other pedestrians using public
sidewalks, and such person shall not otherwise endanger or interfere
with pedestrian traffic on those sidewalks, or on any public property
where signs are posted prohibiting such use, such as sidewalks, streets,
parking lots and parks.
(d)
Persons
riding roller skates, roller skis, skateboards or play vehicles in
an area where such riding is allowed shall yield the right-of-way
to other pedestrians and/or vehicles using public sidewalks or streets/right-of-ways
and shall not otherwise endanger or interfere with pedestrian or vehicular
traffic.
(e)
Warning.
For a first offense a written warning shall be issued to the offender
and no civil penalty shall be imposed. If the offender is under the
age of 18 years, a parent or guardian of the offender shall be notified
and shall be handed or mailed a copy of the written warning.
(f)
Penalty.
Any person violating the provisions of this ordinance after a written
warning shall pay civil penalty of not less than $25 nor more than
$500 with a waiver penalty option to be established by the Board of
Aldermen for each offense.
(g)
Waiver
penalty. Offender has the option of paying penalty without hearing
by use of waiver in an amount set by the Board of Aldermen.
(h)
Pending
resolution of the civil ticket, either through payment by waiver or
payment of fine in full, the play vehicle, skateboard, roller skates,
or roller skis may be retained by the police department of the City
of Rutland as evidence.
(a)
No person
shall raise or lower goods, merchandise of materials into or from
a building, into or over any portion of the street except with written
permission of the chief of police.
(b)
No person
shall construct any cellar door or cellar doorway projecting into
any sidewalk beyond the street line, or leave open any trap-door or
coal-hole in any sidewalk in the city. The upper surface of every
coal-hole cover and all metal plates on cellar and trap-doors in any
sidewalk in the city shall be made, and kept at all times, roughened
or studded over, so as to prevent danger or injury to pedestrians.
No person shall erect or cause to be erected any fence immediately
adjoining any street or public ground in the city without first having
ascertained the bounds and grade of such street or public ground by
application to the city engineer.
No person shall convey paper, excelsior, lawn clippings, nauseous
or offensive substances or refuse of any kind through or upon any
street in the city unless the vehicle holding such matter is strong
and tight, with the sides so high above the load or contents that
no part of such contents shall fall, leak or spill therefrom; and
the vehicle shall be so covered that its contents cannot be blown
out and about or scattered in the streets.
No person or persons shall permit any nuisance or obstruction, for which he or they may be responsible, to remain upon any street, lane or other public ground, nor permit any nuisance or noxious object or practice to exist or remain upon his or their premises, to the injury of any other person or persons. For a violation of this section, in addition to the penalty provided in § 4470 of this chapter, such person or persons shall, by direction of the board of aldermen, after hearing, remove such nuisance; and in case of his or their failure so to do, the board of aldermen shall cause said nuisance to be removed and abated, and such person or persons shall pay all expense of removing and abating the same.
(a)
Any person
or persons owning a vacant lot in the City of Rutland shall, before
August 1 of each year, cause the lot to be cleaned and cut of all
weeds, hay, brush, deleterious, unhealthful growths or other noxious
matter that may be growing, lying or located thereon. Upon the failure,
neglect or refusal of any owner to cut, remove and/or destroy weeds,
hay, brush, or deleterious, unhealthful growths or other noxious matter,
growing, lying or located on such owner's property, the health officer
is hereby authorized and empowered to pay for the cutting, destroying,
cleaning and/or removal of such weeds, hay, brush, or deleterious,
unhealthful growths or other noxious matters or to order the removal
by the city, or to order the city to pay for its removal. When the
city has effected the removal of such obnoxious growth or other noxious
matter or has paid for its removal, the actual cost thereof, plus
accrued interest at the rate of 6% per annum from the date of the
completion of the work, if not paid by such owner prior thereto, shall
be charged to the owner of such property on the next regular tax bill
forwarded to such owner by the city, and said charge shall be due
and payable by said owner at the time of payment of such tax bill.
Where the full amount due the city is not paid by such owner within
14 days after the cutting, destroying, cleaning and/or removal of
such weeds, hay, brush, or deleterious, unhealthful growths or other
noxious matter then, and in that case, the health officer shall cause
to be recorded in the land records of the City of Rutland a sworn
statement showing the cost and expense incurred for the work and the
date, place or property on which said work was done, and recordation
of such sworn statement shall constitute a lien and privilege on the
property, and shall remain in full force and effect for the amount
due in principal and interest, plus costs of court, if any, for collection,
until final payment has been made; such cost and expenses shall be
collected in the manner fixed by law for the collection of taxes and,
further, shall be subject to a delinquent penalty of 1 1/2% plus warrant
fee and collection costs of the collector of taxes in the event such
cost and expenses are not paid in full on or before the tax bill upon
which such charge appears becomes delinquent; sworn statements recorded
in accordance with the provisions hereof shall be prima facie evidence
that all legal formalities have been complied with and that the work
has been done properly and satisfactorily, and the statement, plus
interest, constitutes a charge against the property designated or
described in the statement and that the same is due and collectible
as provided by law.
Any person who shall violate any of the provisions of this chapter,
or neglect or refuse to conform to any directions or orders of the
board of aldermen or any proper officer or committee of the city,
shall pay a civil penalty of not less than $25 nor more than $500
for each offense; and each day of such violation of such provisions
or neglect or refusal to conform to any directors or orders of the
board of aldermen or any proper officer or committee of the city in
the premises, shall be counted as a separate violation.
No person shall be prosecuted or tried for any breach of the
provisions of this chapter, unless complaint for the same shall be
instituted and commenced within six months from the time of committing
such offense.
No person shall use, operate or play any radio receiving set,
musical instrument, phonograph, loud speaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the streets or other public places to attract or solicit
the attention of the public for the purpose of commercial or political
advertising. Nothing herein shall be deemed to prohibit the playing
of Christmas seasonal music during the period from the first day of
December to the second day of January.
(a)
Every
person, partnership, corporation, joint stock company or syndicate
in charge or in control of any building, structure or lot within the
area serviced by parking meters, whether as owner, tenant, occupant,
lessee, or otherwise, shall remove and clear away or cause to be removed
and cleared snow and ice from so much of said sidewalk as is in front
of or abuts said building or lot of land.
(b)
Snow
and ice shall be so removed from the sidewalks within eight hours
after the secession of any fall of snow, sleet or freezing rain; or
within six hours of daylight whichever shall come first.
(c)
In the
event that snow and ice on a sidewalk has become so hard that it cannot
be removed without the likelihood of damage to the sidewalk, the person
or entity charged with this removal shall, within the time mentioned
above, cause enough sand or other abrasive to be put on the sidewalk
to make travel thereon reasonable safe and shall then, as soon thereafter
as weather permits, cause said sidewalk to be thoroughly cleaned.
Each person, partnership, corporation, joint stock company or
syndicate who violates any provision of the ordinance codified herein,
shall be subject to a civil penalty of not less than $100 nor more
than $500 per violation. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.
The commissioner of public works or the chief of police shall
be responsible for the enforcement of the ordinance codified herein.
