(1)
Any
tree or shrub growing in a parking strip or any public place or on
private property that is endangering or in any way may endanger the
security or usefulness of any public street, sewer, or sidewalk, is
declared to be a public nuisance.
(2)
The
city may remove or trim such a tree, or may require the property owner
to remove or trim any such tree on private property, or in a parking
strip abutting the owner’s property.
(3)
Failure of the property owner to remove or trim the tree after 30 days’ notice by the city manager shall be deemed a violation of this code. The manager may then remove or trim the tree and assess the cost of doing so against the property. The above offense is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
(4)
Appeals
from orders issued under this section may be made by filing written
notice with the city manager within 10 days after the order is received,
stating in substance that appeal is being made from the order to the
city council. The manager shall call the appeal to the attention of
the city council at the next regular succeeding council meeting.
(5)
At the
meeting, the appellant and the city manager may present evidence.
Action taken by the city council after the hearing shall be conclusive.
[Section 5.050 amended by Ordinance No. 6169, enacted May 15, 2006]
(1)
Except as provided in subsection (2) of this section, it shall be unlawful for any person to obstruct any highway, street, alley, sidewalk, gutter or drainage way or any other public way in the city by leaving any article, hereby defined as merchandise, boxes, construction materials, household goods, or any other thing which may prevent free passage over any public right-of-way. The above offense is punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
(2)
Any person desiring to use the public right-of-way for the temporary storage of articles during construction shall apply for a public right-of-way encroachment permit in accordance with Springfield Code sections 3.208 through 3.214. The rates and charges herein provided are for incurred costs based upon the use or availability for use of the public right-of-way, the availability of which is necessary for the regulation of, and provisions for, the public health, safety and welfare. The charge is controlled by the user’s (or potential user’s) request and choice of the kind, nature and quantity of use. The amount of area to be used for the temporary storage of articles and the amount of time the articles may be stored shall be approved by the director of public works. However, the storage area shall not exceed one-fourth of the pavement or travel portion of the public right-of-way (i.e., from curb to curb).
(a)
The
following articles may be temporarily stored in the public right-of-way
only upon obtaining a public right-of-way encroachment permit and
payment of a fee based upon the average actual costs as set forth
by resolution of the city council:
(i)
Building construction material;
(ii)
Rock, sand, excavated material, asphalt mix, etc., the loading or
moving of which may cause damage to the pavement or curb;
(iii)
No temporary storage of articles shall be allowed on a sidewalk or
behind a sidewalk;
(iv)
Any temporary storage of articles shall not alter drainage in the
gutter.
[Section 5.052 amended by Ordinance No. 5584, enacted July 1, 1991; further
amended by Ordinance No. 6169, enacted May
15, 2006]
(1)
It shall
be unlawful for any crowd or collection of persons to gather or to
stand upon any sidewalk or street crossing so as to prevent, interrupt,
or obstruct the travel or free passage over the same by the public,
or for any person so standing to fail or refuse to disburse or move
on when directed to so by any peace officer.
(3)
No person
shall stand or place themselves upon any street right-of-way, street,
sidewalk or driveway entrance so as to obstruct the travel or free
passage over the same by any vehicle or person then and there lawfully
using said street right-of-way, street, sidewalk or driveway entrance,
or to stand upon or in any other way to place themselves upon any
street right-of-way, street, sidewalk or driveway entrance so as to
obstruct the free passage over the same from such street right-of-way,
street, sidewalk or driveway entrance onto the private property which
said street right-of-way, street, sidewalk or driveway entrance serves,
or to obstruct the free passage from such private property onto such
street right-of-way, street, sidewalk, or driveway entrance, or for
any person so standing or placing themselves to fail or refuse to
disperse or move when directed to do so by any peace officer.
(1)
No person
shall operate in flight any electronic or radio controlled internal
combustion propelled model aircraft within the city.
(2)
For
purposes of this section, a model aircraft is defined as any aircraft
not regulated by the FAA which relies upon electronic or radio remote
control for guidance. It shall not apply to any model aircraft attached
by wire or other physical direct manual control to the operator or
to any form of auto-pilot where the aircraft operator is present on
board the aircraft.
