[Adopted as indicated in section histories]
[Added 11-2-1987]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any public highway, road, street, avenue, alley,
driveway, parkway or place, under the control of the City of Middletown,
dedicated, appropriated or opened to public travel or other use.
Any individual, organization, trust, foundation, group, association,
partnership, corporation, society or any combination of them, whether
principal or agent.
[Added 11-2-1987]
A.
No person shall build any bonfire on any highway or
public sidewalk, in any public park or recreation area in the City
of Middletown.
[Added 11-2-1987]
A.
No person shall erect any posts and/or signs within
the limits of the Central Business District of the City of Middletown,
encompassing all the streets between deKoven Drive, William Street,
Broad Street and Washington Street, between the curb and the building
line.
B.
Posts and/or signs may be erected on any other highway
or sidewalk with the permission of the Director of the Public Works
Department or his/her duly authorized designee.
C.
Such posts, signs and/or public utility devices, as
approved by the Director of Public Works or his/her duly authorized
designee, may be erected within the limits of the Central Business
District of the City of Middletown, as defined herein, between the
curb and the building line, provided such posts, signs and/or devices
contain no advertising matter whatsoever, if such post, sign and/or
public utility device is of proper design and serves a public need.
[Added 4-7-1986]
A.
No person shall place or allow to remain any article
of traffic or merchandise, or any wares, or any case or box containing
the same, or any parking boxes, upon any sidewalk, street or highway
of the City, except for the purpose of transit or delivery, and for
such time and in such manner as shall be reasonably necessary for
such purposes.
[Added 11-2-1987]
A.
No person shall place and/or allow to remain any post,
rail, fence and/or other obstruction upon any highway without the
authority of the Director of Public Works or his duly authorized designee.
[Added 11-2-1987]
A.
No person shall place and/or allow to remain any building
material on any highway and/or sidewalk without a permit from the
Department of Public Works.
[Added 11-2-1987; amended 6-2-1997[1]]
No person shall lay any sidewalk and/or curbing
without obtaining an excavation permit issued by the Department of
Public Works.
[Added 11-2-1987]
A.
No person shall construct and/or install any vault
in or upon any highway without a permit from the Department of Public
Works.
[Added 11-2-1987]
[Added 11-2-1987]
A.
No person shall throw and/or place and/or cause to
be thrown and/or placed in and/or upon any highway any nails, tacks,
glass, crockery, scrap iron and/or wire or substances of like nature
and/or any trash, papers, garbage and/or other offensive material
and suffer the same to remain in and/or upon such highway or within
the right-of-way of any such highway.[2]
B.
When any such substances and/or materials, as hereinbefore
listed, are thrown from a motor vehicle, the operator of said vehicle
shall be deemed to have committed the offense.
[Added 11-2-1987]
Whenever the Department of Public Works removes
anything unlawfully placed or kept on any highway or public place
of the City, the expense of such removal shall be the responsibility
of the person liable for such action, provided that the Department
of Public Works has first given such person notice and a reasonable
time to remove the same.
[Added 11-2-1987]
[Added 11-2-1987]
[Added 11-2-1987]
No person shall designate and/or name any new
highway or redesignate and/or rename any existing highway without
the approval of the Common Council.
[Added 11-2-1987; amended 1-5-2015 by Ord. No. 04-15]
A.
Purpose. This section is established to provide a uniform and comprehensive
highway naming process that emphasizes the history and heritage of
the City of Middletown.
B.
The Public Works and Facilities Commission is designated as the highway
naming committee of the Common Council, with authority to designate
official names for highways, subject to the approval of the Common
Council.
C.
List of approved names. The Director of Public Works or his or her
designee shall maintain a list of approved names that the Public Works
and Facilities Commission and the Common Council shall approve on
an annual basis. The Director of Public Works shall provide the list
of approved names, and copies of the relevant provisions of the City
of Middletown's ordinances pertaining to public highways, to all entities
or individuals requesting such name or name change (herein "applicant").
D.
In naming or renaming any public highway, the applicant must obtain
the approval of both the Public Works and Facilities Commission and
the Common Council. The procedure for obtaining such approval shall
be as follows:
(1)
The applicant shall submit an application to designate an official
name for a public highway, on a form prescribed by the Public Works
and Facilities Commission, to the Director Public Works or his or
her designee. The Director of Public Works or his or her designee
shall ensure that such proposed highway name does not pose any public
safety concern (i.e., a duplicate or similar name to another Middletown
highway, confusing spelling, or any other factor in the name that
is related to public safety). The applicant may petition the Public
Works and Facilities Commission to recommend a street name not on
the list of approved names, with the petition, including background
information justifying the street name as suitable for a public street.
(2)
If the Director of Public Works, or his or her designee, believes
that the proposed highway name does not pose any public safety concerns,
the Director of Public Works, or his or her designee, shall certify
that the proposed street name is on the list of approved names and
that the proposed name does not present any public safety concerns
and shall transmit the application to the Public Works and Facilities
Commission.
(3)
Upon the recommendation of the Public Works and Facilities Commission,
the application shall be sent to the Common Council for approval.
E.
Public and private highways. The Director of Public Works shall be
tasked with ensuring that all highway names, both public and private,
pose no public safety problems.
(1)
Should the Director of Public Works, or his or her designee, believe
that the name of any public highway poses a public safety issue or
concern, the Director of Public Works, or his or her designee, shall
notify the Public Works and Facilities Commission. The Public Works
and Facilities Commission shall then review the findings of the Director
of Public Works. If the Public Works and Facilities Commission agrees
that the name of such highway endangers public safety, the Public
Works and Facilities Commission shall recommend a name from the list
of approved names to the Common Council for approval.
(2)
Should the Director of Public Works, or his or her designee, believe that the name of any private highway poses a public safety issue or concern, the Director of Public Works, or his or her designee, shall notify the property owner of such fact in writing. If, within 60 days of such notification, a name that complies with the provisions contained in Subsection D is not designated by the property owner and approved by the Director of Public Works, or his or her designee, the Public Works and Facilities Commission shall recommend a name from the list of approved names to the Common Council for approval.
[Added 2-5-2024 by Ord. No. 04-24]
A.
Purpose.
The purpose of this section is to establish guidelines and to formalize
procedures when considering adding an honorary or historic distinction
to an already named City-owned or controlled street or roadway. The
Public Works and Facilities Commission shall oversee the initial consideration
process and make all recommendations to the Common Council, which
shall have final approval.
B.
Policy
Considerations. If an honorary or historic distinction is to be added
to a City street or roadway to commemorate an individual, said individual
must be shown to have made a significant contribution to the community
through public service and deeds and is respected for his or her accomplishments
and good conduct. Consideration shall be given to individuals who
have made recent accomplishments and contributions as well as individuals
with historic ties to the City. An individual must be deceased at
least one year prior to the naming unless the Common Council determines
by a two-thirds majority vote that a living individual or a person
who has been deceased less than one year deserves the honor.
C.
Application
Process. The Public Works Department shall establish an application,
to be made publicly available, which shall include all questions necessary
and proper for the consideration of an honorary street sign designation,
including the name of and biographical information for the honoree,
the street intersections to be designated, the proposed wording of
the honorary street sign, a description of the honoree’s contribution
to the City of Middletown and connection to the street or area to
be designated, and such other criteria as the Public Works Department
deems appropriate. Applications must be filled out in their entirety
to be considered.
D.
Process.
Once a completed application is received by the Public Works and Facilities
Commission and it is determined that the proposed honorary street
name does not pose a public safety issue or concern, said request
shall be placed on the next Public Works and Facilities Commission
agenda for discussion and review. A public hearing is required prior
to forwarding the naming request to the full Common Council for approval.
The hearing shall be held at a regular meeting of the Public Works
and Facilities Commission, and the scheduling of said hearing shall
have been approved at a previous regular meeting by a majority vote
of the committee. If the Public Works and Facilities Commission votes
to recommend the proposed honorary street name, said proposal shall
proceed to the Common Council for a vote. The Common Council shall
have the power to review and approve or disapprove any request for
an honorary street sign designation. Before voting on said application,
the Common Council must host a public hearing on the proposal.
E.
Installation.
Once approved by the Common Council, the Public Works Department will
install a sign commemorating the honorary distinction above the official
street sign.
[Added 11-1-1982; amended 5-7-2007 by Ord. No. 08-07; 4-1-2013 by Ord. No.
07-13]
A.
Plowing and throwing snow and ice into the street.
No person shall plow, throw, put or cause to be thrown or put any
snow or ice from any private property or from any area in the rear
of said private property or in the area between a private dwelling
house or structure and the legally laid out sidewalk into any public
highway in the City. Violators shall be fined $25.
B.
Parking bans. The Mayor, upon the advice of the Director
of Public Works, shall have the authority to invoke an emergency parking
ban throughout the City. Violators of this parking ban shall be fined
$100, plus expenses of towing if the same becomes necessary. Any person
receiving notice of a violation of a parking ban may appear at police
headquarters of the City and such person shall pay to the Meter Clerk,
or such other person as indicated on the notice, the sum of $100.
C.
Director of Public Works to establish rules and regulations. When a parking ban has been invoked by the Mayor pursuant to Subsection B of this section, the Director of Public Works shall have the authority to make rules and regulations in regard to the orderly clearing, plowing, and removal of snow in the City of Middletown.
[Added 11-2-1987]
No person responsible for the maintenance of
a building, whether owner or other, shall permit any snow and/or debris
to remain on the roof of any building in such condition that the snow
and/or debris may slide therefrom upon any highway and/or sidewalk.
[Added 4-5-1982; 4-1-1985]
A.
The provisions of C.G.S. § 7-163a are hereby
adopted effective July 1, 1982.
B.
Notwithstanding the provisions of C.G.S. § 13a-149
or any other general statute or special act, the City shall not be
liable to any person injured in person or property caused by the presence
of snow or ice on a public sidewalk unless the City is the owner or
person in possession and control of land abutting such sidewalk, other
than land used as a highway or street, provided that the City shall
be liable for its affirmative acts with respect to such sidewalk.
C.
The owner or person in possession and control of land
abutting a public sidewalk shall have the same duty of care with respect
to the presence of snow or ice on such sidewalk toward the portion
of the sidewalk abutting his property as the City had prior to July
1, 1982, and shall be liable to persons injured in person or property
where a breach of said duty is the proximate cause of said injury.
D.
No action to recover damages for injury to the person
or to property caused by the presence of snow or ice on a public sidewalk
against a person who owns or is in possession and control of land
abutting a public sidewalk shall be brought but within two years from
the date when the injury is first sustained.
[Added 4-5-1982; amended 11-7-1994; 6-2-2014 by Ord. No. 09-14; 9-5-2017 by Ord. No. 14-17]
A.
The owner, agent of the owner, or occupant of premises bordering
on any street or public place within the Town where there is an established
sidewalk shall cause to be removed therefrom any and all snow, ice,
sleet, debris or any other obstruction within 24 hours after a weather-related
event has ended. Any formation of ice upon a sidewalk shall be removed
immediately, except that, when weather conditions are such as to make
the removal of ice from a sidewalk impracticable, the sidewalk shall
be made safe and convenient for travel by covering the ice with sand,
salt, or other suitable substance that will provide adequate traction.
B.
Whenever any owner, agent of the owner, or occupant of premises, as herein defined, whose duty it is to remove snow and ice or to otherwise make sidewalks safe for public travel, shall fail, refuse, or neglect to comply with the same or shall otherwise fail to comply with the requirements of Subsection A, then said person or entity shall be issued a fine of $75 for the first violation.
C.
The fine will increase by $25 for each storm thereafter if sidewalks
are not properly cleared as described above. Said fine shall never
exceed $250 for any storm, although each storm that results in sidewalks
not being cleared will be considered a separate violation and subject
to a separate fine.
D.
Any fines not promptly paid will be referred to the City's collection
firm.
E.
In addition to fines, the City may cause such snow, ice, sleet, debris
or other obstruction to be removed from the sidewalk and make the
cost of such removal a lien on the property abutting the obstructed
sidewalk.
[Added 4-5-1982]
The Public Works Department shall clear or cause
to be cleared of snow and ice all crosswalks and all public sidewalks
abutting property owned by or in possession and control of the City,
except such sidewalks as are the responsibility of other City departments,
and such other City departments shall clear or cause to be cleared
of snow and ice all sidewalks abutting property in the possession
and control of such departments.
[Added 11-2-1987; amended 10-7-1991]
A.
As used herein, the term "person" is defined as any
individual, organization, trust, foundation, group, association, partnership,
corporation, society or any combination of them, whether principal
or agent.
B.
Every person owning land within the City limits upon
or adjacent to which there is now, or may be, a sidewalk paved, constructed
or worked shall keep such sidewalk, at all times, in a safe and convenient
condition for the use of the public and shall forthwith repair all
defects in said walk and remove therefrom all obstructions in any
way endangering or impeding the public travel upon the same, except
that any defect in any sidewalk caused by the roots of any tree situated
between the curb of the street and the sidewalk shall be the responsibility
of the City and shall be repaired at the expense of the City.
C.
If any person, after having been notified in writing by the City's Sidewalk Inspector to repair a sidewalk or any portion thereof adjoining that person's property, shall refuse or neglect to do so to the satisfaction of the Sidewalk Inspector within the time limit contained in such notice, such person shall be deemed to have violated the provisions of this section and may be fined in an amount as provided in § 262-45. Each twenty-four-hour period after the expiration of the time limit contained in such notice shall constitute a separate and distinct offense for which the maximum fine as provided in § 262-45 may be assessed. All repairs under this section shall be done in conformance with the standards of the City's Public Works Department.
[Amended 1-6-2003 by Ord. No. 01-03]
[Added 11-2-1987]
A.
No person shall leave out overnight any lumber, brick,
mortar and/or other materials used in building and/or other obstructions
in any highway or leave unfilled overnight any excavation in any highway,
except where barricades lighted for all darker hours or other times
as required by the Department of Public Works have been placed over
or near the site, in a reasonably conspicuous manner.
[Added 7-2-1984; amended 8-5-1985; 6-2-1997; 2-4-2002]
A.
No sidewalk shall be less than four feet wide. All
sidewalks shall be constructed of concrete.
B.
Sidewalks and curbs within the Sanitary Disposal District
and all curbs throughout the City having an arc with a radius of 50
feet or less shall be constructed of concrete or granite. All curbs
in new residential and commercial subdivisions shall be constructed
of portland cement concrete or granite. When City roads are totally
reconstructed, curbs shall be constructed of portland cement concrete
or granite.
C.
All construction of sidewalks and curbs shall conform
to the specifications of the Public Works Department.
D.
This section shall neither govern nor apply to the
planned residential development plans and land area known as "Wesleyan
Hills" approved by the Commission on the City Plan and Zoning of the
City of Middletown on August 28, 1968, to which reference is hereby
made, and all such approved plans and land area shall be exempt from
the provisions of this section.
E.
The amendment to Subsection B concerning the use of portland cement concrete or granite in the construction of curbs in new residential and commercial subdivisions and the reconstruction of City roads shall take effect from its passage but shall not apply to any private project which has received a prior approval from the Planning and Zoning Commission or any public project which has been approved by public referendum.
[Added 11-2-1987]
A.
Whenever any person lays a sidewalk and/or curb to
the satisfaction of the Department of Public Works, in accordance
with the provisions of this chapter, a certificate to that effect
may be issued by the Department of Public Works.
B.
If any change is made by the City of Middletown in
the grade of the sidewalk and/or the curbline within 15 years of the
laying of the sidewalk and/or curb to the satisfaction of the Department
of Public Works, the cost of such change shall be paid for by the
City of Middletown.
[Added 11-2-1987]
A.
The Department of Public Works shall keep a record
of all highways, which record shall contain the names of the highways,
the date of the highway's acceptance by the City of Middletown, a
description of the highway using center line and street lines, and/or
by reference to a filed map, together with the page and year of the
Council records in which each of the above were fixed.
B.
The record shall contain the same facts as to all
amendments and changes to the highways.
C.
The record book shall be kept on file in the City/Town
Clerk's office.
[Added 11-2-1987]
Any notice, including notices of public hearings,
to residents of the City of Middletown required to be given by the
City/Town Clerk of improvements on any highway shall be reasonably
given if placed in a newspaper of general circulation within the City
of Middletown.
[Added 11-2-1987]
A.
The Department of Public Works shall prescribe the
terms and manner of excavating highways for laying down and taking
up gas pipes, water pipes, private sewers and/or any underground service
and shall also prescribe the manner of moving buildings upon the highways.
B.
If performance of the work does not conform to the standards and/or requirements as set forth in § 262-31, the Department of Public Works may prescribe that the digging and filling of any excavation in the highways, for which a permit is granted, shall be done by the Public Works Department at the expense of the applicant, and the total amount due therefor, which may include the permit fee, shall be payable to the City Treasurer within 10 days of the completion of the work.
[Added 11-2-1987]
A.
No excavation shall be done in any highway without
first obtaining a permit in writing from the Department of Public
Works.
B.
Such permit shall prescribe the terms and conditions for the excavation and backfilling of such excavations in any highway and for the replacement of pavements removed. All excavation, backfilling and replacement of removed pavements shall be done to the satisfaction of the Department of Public Works, as regulated and/or prescribed in § 262-27.
[Added 4-4-1988]
A.
No permit for excavating in any highway shall be granted
until the applicant files with the Department of Public Works a certificate
of insurance evidencing comprehensive broad form general liability
insurance, including but not limited to contractual, premises and
operations, products/completed operations, independent contractors,
broad form property damage and bodily injury liability insurance in
the minimum amount of $1,000,000 combined single limits, special risk
insurance covering underground explosion and collapse hazard in the
minimum amount of $1,000,000, automobile liability insurance in the
minimum amount of $1,000,000 combined single limit, workers' compensation
insurance to meet the minimum statutory requirements and employer's
liability insurance in the minimum amounts of $100,000 each accident,
$100,000 disease - each employee, and $500,000 disease - policy limit.
With the exception of workers' compensation and employer's liability
insurance, said certificate of insurance shall name the City of Middletown,
its officers, agents, servants and employees as additional insureds.
B.
The applicant shall further file with the Department of Public Works a permit bond in the amount of $10,000 for five minor excavations, which excavations shall be limited to utility lateral connections. Said bond shall expire upon the date indicated on the bond document or upon five minor excavations being completed, whichever occurs sooner. For any extension of a utility into an existing accepted City road, the Director of the Department of Public Works or his duly authorized designee is authorized to set the amount of the permit bond, which bond shall be based upon the estimated amount of the proposed excavations. The permit bond shall be conditioned upon the applicant filling all excavation and restoring the highway in the manner set forth and prescribed in § 262-27.
C.
The applicant shall further execute a hold harmless
and indemnification agreement indemnifying the City of Middletown,
its officers, agents, servants and employees from any and all liability
(including death), damages and costs that result by reason of or in
connection with the negligence of the applicant, his/her or its subcontractors,
independent contractors, officers, servants, employees, or agents
in the excavation and/or restoration of said highway.
D.
All such bonds and insurance coverages required by
this section shall be in force during the period the permit is in
effect. Any renewals shall be filed with the Department of Public
Works.
[Added 4-4-1988]
A.
Once contractors and public service corporations have filed proper evidence of insurance coverage, as required by § 262-29, with the Department of Public Works, a new certificate of insurance need not be filed for each project if the dates of coverage of the policies as evidenced on the certificate of insurance fall within the dates of the permit and the certificate of insurance does not limit the coverage to a specific project.
B.
A new application for a permit must be made for each
separate excavation.
[Added 11-2-1987]
All work shall conform to the details and specifications
prescribed by the Department of Public Works.
[Added 11-2-1987]
A.
All excavations made under a permit, as provided for in § 262-28, shall be backfilled with bank-run gravel, approved by the Department of Public Works. All materials removed from the excavation shall be removed from the site by the holder of the permit and/or contractor.
B.
All work shall conform to the details and specifications
of the Department of Public Works and shall be done to the satisfaction
of that Department.
C.
In highways having a penetration or macadam pavement,
the backfill in the excavated area shall be brought to a level to
allow for eight inches of trap rock, not less that one inch in size,
and four inches of bituminous paving material. The holder of the permit
and/or contractor shall place the eight inches of trap rock and the
top surface of bituminous paving material, not less than four inches
in compacted depth, and properly join and seal the new bituminous
paving to the old pavement with an even joint, conforming to Department
of Public Works standard details. The base of the trap rock placed
in the excavated area shall exceed the width of the excavated area
by 12 inches on each side, with the extra width laid on virgin base
materials, conforming to Department of Public Works standard details.
D.
In highways having a concrete base, the backfill in
the excavated area shall be brought to a level to allow for replacing
the concrete base to at least the thickness of the original base,
but in no event shall that base be less than eight inches. The concrete
base shall be of a 1-3-5 mix and shall exceed the width of the excavated
area by at least 12 inches on each side with the extra width laid
on virgin base material. Concrete placed in any pavement shall be
allowed to cure for not less than 48 hours. All excavation sites shall
be properly protected by barricades and danger warning lights during
this curing period. The top surface shall be of bituminous concrete
or such other material as approved by the Department of Public Works.
In no event shall the top surface be less than four inches in thickness,
and it shall be joined and sealed to the old pavement with an even
joint. The sides of all excavations and patches in the pavement shall
be saw cut in a straight line where they join to the old pavement,
all to conform to Department of Public Works standard details.
[Added 11-2-1987]
A.
The holder of the permit and/or contractor shall guarantee
to maintain the repaired excavation for a period of one year after
acceptance by the Department of Public Works on behalf of the City
of Middletown.
B.
In the event that it is necessary to make any repairs
to the excavation site or to the restored pavement during this one-year
period, this guarantee shall be extended to include a period of one
year from the date of the repair work.
[Added 11-2-1987]
A.
All excavation sites shall be properly protected by
barricades, danger warning signs and proper flares and/or red warning
lights at night and other times as deemed necessary by the Department
of Public Works. It shall be a condition of the permit and the duty
of the holder of the permit and/or contractor to maintain these warning
signs, barricades and lights at all times that the excavation is open.
B.
In the event that it is necessary to excavate across
the entire width of any highway, only 1/2 of the highway must be excavated
at one time and that portion of the highway shall be properly restored
for the safe passage of vehicular traffic before the remaining 1/2
of the highway is excavated. It shall be a condition of the permit
and the duty of the permit holder and/or contractor to maintain proper
safety facilities to safely regulate both pedestrian and vehicular
traffic at the site. Said procedure must be approved by the Department
of Public Works and the Police Department.
C.
In the event of an emergency when it shall be deemed
necessary by the Department of Public Works to close the entire highway,
the Police Department and Fire Department shall be notified immediately
of the action to close the highway.
[Added 11-2-1987[1]]
For each permit for excavating any portion of
a City roadway, the person to whom the permit is issued shall pay
the City of Middletown a permit fee of $20.
[Added 11-2-1987]
A.
If a highway is not restored as provided in § 262-32 where an excavation has been made in the highway as provided for under §§ 262-27 to 262-35, the Director of Public Works shall give the permit holder and contractor written notice by certified mail, return receipt requested, to restore the highway in accordance with the provisions of § 262-32 within five days after the receipt of the notice.
B.
If the highway is not restored as provided in § 262-32 within five days after the receipt of the notice, the Director of Public Works may restore the highway, and the City of Middletown will seek its legal remedies against the permit holder and/or contractor and the surety or sureties of the same.
[Added 11-2-1987]
Before any highway is macadamized, paved, resurfaced
or improved in any manner other than that of ordinary repair, a notice
thereof to the residents of the City of Middletown of the place(s),
times(s) and date(s) shall be published in a newspaper of general
circulation within the City of Middletown.
[Added 11-2-1987; amended 2-1-2010 by Ord. No.
34-10; 9-7-2010 by Ord. No. 78-10]
A.
All permits issued by the Director of Public Works
or the Chief of Police, in consequence of which public travel may
be incommoded or endangered, shall authorize the party permitted to
do such acts to do so in no other than a reasonable and prudent manner.
No City street or any portion thereof shall be closed without a permit.
These permits shall not be required for work being conducted on private
property.
B.
Whenever a private contractor or business needs to
close any City street, street lane or any portion of a lane, or perform
work in any manner that would require any vehicles to have to stop,
slow down, or deviate from the vehicle lane in any manner, such contractor
shall hire a police officer, if available, to direct traffic and ensure
safety, unless deemed unnecessary by the Chief of Police (local traffic
authority), or his/her designee. City of Middletown employees conducting
official City work or Connecticut Department of Transportation employees
conducting official state work on a state route or highway are exempt
from the requirements of this section. In the event that a contractor
or business attempts to hire a police officer, and a private duty
officer is unavailable, a supervisory officer shall conduct a job
site assessment and will recommend to the construction foreman/employee
proper traffic flow patterns and control around the construction site.
C.
A bond shall be required in an amount as determined
by the Director of Public Works with the condition that the permit
holder shall be liable to any person who shall receive injury as a
result of the negligence of the permit holder and/or his/her/its officers,
agents, servants and/or employees in doing said acts or failing to
do said acts. The permit shall also have the condition that the permit
holder shall hold harmless and indemnify the City of Middletown, its
officers, agents, servants and employees against loss or penalty arising
from injuries (including death) and/or damages resulting from the
action or inaction of the permit holder, his/her/its officers, agents,
servants and employees.
D.
The permit holder shall further provide a certificate of insurance evidencing those insurances required pursuant to § 262-29 and naming the City of Middletown, its officers, agents, servants and employees as additional insureds.
E.
Any person
violating any provision of this section shall be subject to a fine
of $100.
[Added 11-7-1988]
A.
Any person that is found to be responsible for damage
to an existing sidewalk shall be responsible for repairing that damaged
portion to the specifications required by the Public Works Department.
If the damage to the sidewalk is more than 20 linear feet of said
sidewalk, said person shall remove and replace the entire sidewalk
with portland cement concrete, in accordance with the standards of
the Public Works Department, along the frontage of the abutting property
within the City of Middletown's right-of-way.
B.
The Director of Public Works and/or his/her duly authorized
designee may allow, in his/her discretion, the replacement of the
damaged sidewalk with a slate or brick sidewalk in accordance with
the standards of the Public Works Department if, in his/her opinion,
the replacement of the damaged sidewalk with the slate or brick sidewalk
will be in keeping with the character of the area.
[Added 2-3-2003]
A.
All mailboxes, regardless of direct contact by a snowplow
or damage caused by the force of the snow, will be replaced by the
City, free of charge. However, the City will not be responsible for
the payment of any private contractor for labor and/or the cost of
the mailbox and post.
B.
All mailboxes replaced by the City shall consist of
a standard post and a standard mailbox.
C.
Any decorative mailbox damaged by the force of snow
shall be replaced with a standard post and a standard mailbox.
[Added 11-2-1987; amended 9-5-1989; 6-2-1997]
A.
The cost of construction of public sidewalks in all
subdivisions and new developments shall be subject to the regulations
of the Public Works Department of the City of Middletown. The limits
of construction of the public sidewalks shall be subject to the planning
and zoning regulations.
B.
After such public sidewalks in said projects have
been constructed, approved, and accepted by the appropriate departments
and agencies of the City of Middletown, said sidewalks shall be subject
to the provisions relating to sidewalks in the Middletown Code of
Ordinances.
[Added 7-5-1977]
The posting of bills, placards, signs or other
notices without legal right upon any building, wall, fence, post,
utility structure or pole, or tree within or adjoining any street,
highway, alley or other public way is prohibited.
[Added 1-7-1985]
A.
No person shall disassemble, assemble, repair, maintain
or alter any motor vehicle in any lot or other area maintained by
the City for the parking of motor vehicles and open to public use.
B.
Any person who violates this section shall be fined
not more than $90 for each offense.
C.
This section shall become effective on February 1,
1985.
[Added 11-5-1984; amended 11-6-1995; 6-7-1999]
No person shall ride a bicycle, skateboard,
roller skates, in-line skates or any such device or equipment upon
or along any sidewalk on Main Street, except for a police officer
in the performance of his official duties.
[Added 3-2-1987; amended 5-7-2007 by Ord. No. 09-07]
A.
The Mayor shall have the authority to invoke a sweeping
parking ban on City streets and parking lots for the purpose of sweeping
said streets and parking lots. The street or parking lot to be swept
shall be clearly posted 48 hours in advance by the Public Works Department
and shall state the date said ban will be in effect.
B.
Any person who parks a vehicle in violation of a street
sweeping parking ban shall be fined $15 if payment is made within
14 calendar days of the date indicated on the notice or tag and the
sum of $30 if payment is made thereafter. Payment shall be made either
by mail or in person to the Parking Authority.
[Added 9-4-1990; amended 1-6-2003 by Ord. No. 01-03]
Each and every violation of the provisions of
this chapter stated herein shall constitute a separate and distinct
violation subject to a fine in an amount not to exceed $100, except
as otherwise stated herein.
