[HISTORY: Adopted by the City Council of the City of Galax as Ch. 15 of the 1974 Code. Amendments noted where applicable.]
Any person who undertakes to occupy or use any of the streets, parks, bridges or other public places or public property or any public easement of any description in a manner not permitted to the general public, without having first legally obtained the consent thereto of the City Council or a franchise therefor shall, upon conviction thereof, be punished as provided in § 1-13 of this Code, and such occupancy shall be deemed a nuisance, and the court or judge trying the case may cause such nuisance to be abated and to commit the offenders and all their agents and employees engaged in such offenses to jail until such order of the court shall be obeyed.
It shall be unlawful for any person to use or occupy any street of the City for any purpose which will increase or cause unnecessary noise, odors or fumes.
No flagpole shall be erected in any of the streets of the City except when flags are to be flown for decoration purposes which have been authorized by the City Manager.
The City Manager or his authorized representative shall have the right to stop travel on any street when the street is being repaved or improved, if he deems it necessary, and the City Manager shall also have the right to stop travel on any street when requested by a practicing physician to do so for the protection and comfort of a patient during serious illness. This shall be done by ropes which shall be marked by some white cloth during the daytime and by lighted lanterns at night. Anyone removing, cutting or interfering with barricades or lights placed for the purpose of stopping travel on streets or driving or riding on those portions of the streets so cut off or in any way encroaching upon or interfering with any portion of the streets of the City when they are being repaved or improved shall be subject to the penalties provided in § 1-13 of this Code.
It shall be unlawful for any person to drive a bulldozer, shovel or any other equipment with Caterpillar or iron track on surfaced streets of the City or to move or drag any object through or over the streets which is not mounted on wheels which will not damage the surface or to haul dirt or mud or to use any truck or vehicle which carries mud onto the surface of any street within the City or to so load trucks that sand, dirt or trash of any kind may be dropped on the streets, without first obtaining a permit from the City Manager for so doing.
No person shall occupy with goods, boxes or other things any portion of the sidewalk in front of his house or place of business or any place above the surface of the sidewalk by hanging or fastening goods or other things to the side of his storehouse or other place of business.
A.
On any lot fronting on the intersection of two streets in a residential district, no person shall construct any fence, building or other structure which would obstruct the visibility of the operators of motor vehicles entering such intersection on either street or plant or permit growth of plants, trees, flowers or shrubs more than three feet in height above the level of such streets within 25 feet of the intersecting point thereof.
B.
In the event of a violation of the provisions of this section, the owner of such lot shall be advised of such violation by the City Manager, and if such owner fails to remove such obstruction within 30 days, the City shall have such obstruction removed at the cost of the owner thereof, and in addition such person violating this section shall be subject to the penalties provided in § 1-13 of this Code.
No person shall obstruct or block any street, sidewalk or walkway unless permitted so to do by ordinance or unless a written permit so to do is first obtained from the City Manager. If any person shall unlawfully obstruct or block any street, sidewalk or walkway and shall fail to remove such obstruction at once after having been notified by the City Manager or by any officer of the City, it shall be the duty of the City Manager to cause the obstruction to be removed at the expense of the person causing such obstruction, and such claim shall be collected as other claims due the City are collected. In addition thereto, any person convicted of violating the provisions of this section may be punished as provided in § 1-13 of this Code.
No telephone, telegraph or power company shall erect any poles in any street, sidewalk or other public place except by express authority in its franchise or unless a written permit so to do is first obtained from the City Manager. Such permit shall specify the height of such poles, and such poles shall be located or moved according to the direction of the City Manager. All poles as may be erected along any paved street or sidewalk shall be neatly painted at least a distance of six feet from the ground within 30 days after being placed in position, if so required by the City Manager, and all such poles, wires and appurtenances thereto shall be kept in good repair and in a safe condition.
[Amended 3-28-1983]
A.
It shall be the duty of every occupant of each house, building or lot which abuts upon a sidewalk or footway of stone, brick or wood to have all snow removed from such sidewalk or footway within six hours after the snow shall have ceased falling, unless such snow shall have fallen during the night or on Sunday, in which case it shall be removed by 12:00 noon the day following. The same requirements shall exist with respect to ice or sleet on sidewalks or footways, except that the same, when it cannot be removed without injury to the sidewalk or footway, shall be covered within the period of time specified with sand, ashes or some other substance which will render it safe for travel. Whenever any house, building or lot is unoccupied, it shall be the duty of the owner or agent of the owner thereof to have the snow or ice removed from his sidewalk or footway as above-required of occupants. The penalty for each violation of this section shall be $4, and every six hours that such snow or ice is allowed to remain in violation of this section shall be held to be a separate offense.
B.
It shall be unlawful for any occupant and/or owner of any property located within the City of Galax, Virginia, to push or remove snow from lots and/or driveways occupied and/or owned by said individuals into the City streets. The penalty for each violation of this section shall be no less than $25 nor no more than $100.
This Article shall apply to improvements on streets and roads dedicated for public use prior to July 1, 1950, which have a right-of-way of not less than 30 feet.
When the property owners owning 60% of the footage on each side of any street or road or 70% of the footage on one side of any street or road make an application for street or road improvements and the City Council decides that such improvements should be made, such improvements shall be made on the following conditions:
A.
When 50% or more of the abutting properties have buildings or permits have been issued for buildings on 50% of each 100 feet on each side or 70% on one side of such street or road, the full cost of such construction will be borne by the City.
B.
When property owners owning 60% of the footage on each side of any street or road or 70% on one side make application to extend any street or road more than 100 feet and buildings have not been erected nor permits issued for buildings on 50% of each 100 feet on each side of such street or road or 70% on one side, the City will grade and put in necessary culverts and not less than four inches of base stone, and the property owners will pay in full for this construction. When necessary financial arrangements have been made for construction by property owners owning 60% or more of the frontage on such street or road, the other property owners shall be assessed their proportionate share. Any assessments made under this subsection shall be a lien against the property and collected as taxes.
C.
All rights-of-way for streets or roads must be furnished by the owners of the property abutting on such streets or roads.
When a request is made by property owners owning 60% of the abutting footage on any street or road, or furnishing rights-of-way for such lines if the City Council should decide it not practical to follow road or street rights-of-way, water- and sewer lines will be laid under the following conditions:
A.
When 50% or more of the abutting property owners have buildings or permits have been issued for buildings on each 100 feet on each side of such street or road or 70% on one side, the full cost of such water- and sewer line extension shall be borne by the City.
B.
When property owners owning 60% of the abutting footage on each side of any street or road or 70% on one side make application for water and sewer extension, which extension shall be more than 100 feet and buildings have not been erected nor permits issued for buildings on each one-hundred-foot frontage on each side of such street or road or 70% on one side, the City will lay such lines, the City bearing the cost of waterlines, and the cost of sewer line construction shall be borne by the property owners. When financial arrangements have been made by 60% or more of the property owners on each side of the street or 70% on one side, such line shall be laid and the other property owners shall be assessed their proportionate share. Any assessments made shall be a lien against property and collected as taxes.
When application is made by 75% of the property owners in any block for curb and gutters, an estimated cost of construction shall be made by the City Manager and submitted to the City Council for approval. If approved by the Council such curbs and gutters shall be constructed, 50% of the cost thereof to be paid by the property owners and 50% paid by the City. When 75% or more of the property owners in any block have made a satisfactory agreement for construction, the other property owners shall be assessed their proportionate share. Any assessments made shall be a lien against the property and collected as taxes.
When property owners owning 60% of the footage in one block abutting on any street request that a sidewalk be constructed along their property, the City will construct such walk, 50% of cost thereof shall be paid by such property owners, the City bearing the other 50%. When satisfactory financial agreement has been made by 60% or more of the property owners in one block, the other property owners shall be assessed their proportionate share. Any assessments made shall be a lien against such property and collected as taxes. A street having less than 40% feet right-of-way is not considered wide enough for sidewalks.
