[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. As used in this section, the following terms shall have the following
meanings:
CLOSE
The enactment of an ordinance closing and discontinuing the
public use of a public way or easement without affecting title to
real property;
EASEMENT
Rights in real property as set forth in 60 OS § 49.
PUBLIC WAY
A street, avenue, boulevard, alley, easement, lane or thoroughfare
open for public use.
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:
a. The name of the applicant;
b. A description of the public way or easement to be closed;
c. A map depicting the area proposed to be closed;
d. The date and time of the public hearings and the location thereof.
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:
1. The City Council deems it necessary; or
2. An application from the property owners owning more than 1/2 in area
of the property abutting on the public way or easement previously
closed is filed with the City Council.
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.