[Amended 8-17-1976 by Ord. No. 76-28]
In every case of an encroachment upon a footway, street, easement or right-of-way by a building, fence or other thing, the City Manager may require the owner thereof to remove the encroachment. For failure to make such removal within the time ordered, the owner thereof shall be punished as provided in Chapter 1, General Provisions, Article II, for each day such failure shall continue thereafter, and the City Manager may cause such encroachment to be removed at the risk and cost of such owner.
[Added 12-14-1982 by Ord. No. 82-48]
A.
Notwithstanding any other provision of this Code to
the contrary, the City Manager may issue a revocable license to any
person to place one freestanding advertising sign upon any part of
any City right-of-way not open to traffic, subject to the following
conditions:
(1)
That curb and guttering meeting City specifications
has been installed between that part of the right-of-way on which
the sign is placed and all other adjacent parts of that or any other
right-of-way within 50 feet of said sign.
(2)
That such sign will not interfere with any public
purpose to which the right-of-way has been dedicated and will not
constitute a threat to the public safety.
(3)
That such sign shall not be located within 25 feet
of any other right-of-way open to traffic or of any other sign.
(4)
That such license shall be for a period not to exceed
five years, at the expiration of which it may be renewed at the discretion
of the City Manager, and shall be revocable at any time during that
period by the City Manager when, in his discretion, he determines
that such sign interferes with some public purpose to which the right-of-way
is to be placed or with the public safety.
(5)
That the applicant for such license shall hold the
City harmless from any and all liability resulting from the placing
of such sign and shall guarantee the payment of the total cost for
the removal of such sign either upon the termination of such license
or its revocation, both as approved by the City Attorney.
B.
The City Manager shall have the authority to impose
such other conditions as he reasonably determines are necessary for
the protection of the public health, safety and welfare. Any decision
of the City Manager pursuant to this section may be appealed to the
City Council at its next regular meeting after the applicant or licensee
has received notification of the decision.
A.
No person shall erect any stairs or steps to the first
or any upper floor of any building upon any part of any sidewalk,
street or public place without having first obtained permission from
the City Manager.
B.
It shall be unlawful for any person to construct or
build a stairway or passageway to any cellar or basement by occupying
any part of any sidewalk, street or public place or to enclose any
portion thereof with a railing without having first obtained permission
from the City Manager.
It shall be unlawful for any person owning property
to permit any weed, thistle, brush or plant to overhang or encroach
upon any sidewalk adjoining the owner's property.
It shall be unlawful for any person to keep
open a cellar door, grating or cover to any vault or fail properly
to protect or guard all openings on or within six feet of any street,
sidewalk or public place.
It shall be unlawful for any person to erect
or maintain any awning unless all parts thereof are elevated at least
seven feet above the upper surface of the sidewalk and the roof or
covering is made of duck, canvas or other suitable material, supported
by iron frames or brackets firmly and securely fastened to the building,
without any posts or other device that will obstruct the sidewalk
or hinder or interfere with the free passage of pedestrians thereon,
and then only upon obtaining permission from the City Manager.
A.
It shall be unlawful for any person not authorized
by the City to cause any obstruction in any public street, footway,
gutter or bridge or in any culvert, drain or sewer, public or private.
If any such unauthorized person fails to remove such obstruction for
the space of 12 hours after being notified so to do by the City Manager,
every day that shall elapse thereafter without such removal shall
constitute a separate offense.
B.
It shall be the duty of the City Manager to cause
all unauthorized obstructions to be removed from the public streets,
footways and bridges and from all culverts, sewers and drains, public
or private, either by the person causing such obstruction or otherwise,
as the exigency of the case may require. If any person causing an
obstruction shall fail to remove it within such time after being notified
to do so by the City Manager as is deemed reasonable by him, it shall
be the duty of the City Manager to have the same done at the expense
of the City. In every such case and in every case where an obstruction
is removed by a City employee on order of the City Manager, the expense
shall be reimbursed to the city, with 20% for damages, by the person
causing the obstruction, which sum shall be collected as other fines
are collected.
It shall be unlawful for any person to erect
or hang any gate so that it will open outward over any street, sidewalk
or public place.
No person shall erect or keep any stand for
the sale of fruits, vegetables or other substances or commodities
on any sidewalk, street or public place or use or occupy any part
thereof with any vehicle for the sale therefrom of any article without
written permission from the City Manager.
No person shall place upon or suffer to be placed
upon any sidewalk any goods, wares or merchandise, for sale or for
show, or suspend the same in any manner over the sidewalk so as to
interfere in any manner with the free and uninterrupted passage of
the sidewalk by pedestrians, and in no case shall more than two feet
of sidewalk next to the building be occupied for such purpose.
No person shall keep, place, store or allow
the keeping, placing or storing of any ice cream cans or containers,
pop and beer cases, chicken crates, packing cases or boxes or any
other things of a similar character upon any sidewalk, street or public
place.
No person engaged in building, excavating or
making any improvements on a building or lot on which materials are
to be used shall at any time deposit such materials on any part of
a public street, sidewalk or public place, except for the purpose
of unloading the same, without obtaining a permit from the Chief of
the Police.
No person shall break or assist in breaking
any pavement, macadam or other surface of any street, sidewalk or
public place or remove therefrom any pavement, macadam, dirt or other
material or any tree, shrub, fence or other thing without authority
from the City so to do.
It shall be unlawful for any person to cause
or permit any waterspout, trough, gutter or balcony extending from
any building owned or leased by him to discharge or conduct water
upon the surface of any sidewalk, but all such water shall be conducted
under the sidewalk in accordance with plans and specifications of
the City Engineer and under his direction.
No person shall permit the discharge of any
unwholesome or offensive liquid to flow or seep from any premises
owned or occupied by him upon any street, sidewalk or adjacent premises.
It shall be unlawful for any person, not having
authority from the City so to do, to paint or otherwise make any writing,
figure or other mark upon any sidewalk in the city.
All persons engaged in building or repairing
a building on or near a street shall place a covered footway along
the sidewalk in front on the building, which covered footway shall
be constructed of such materials and in such manner as shall be designated
by the Building Official, and it shall not be removed therefrom until
all the outside work on the building is completed.
[Amended 3-13-1984 by Ord. No. 84-9]
A.
Except as provided in this section, no person shall
play on a street, other than upon the sidewalks thereof, within the
City.
B.
It shall be unlawful for any person to coast or slide on any sidewalk
in a RO, BB, or GB Zoning District by means of any sled, coaster wagon
or other devices on wheels or runners. Provided, however, that an
adult may pull or push a child on a sidewalk in such a zoning district
by means of a coaster wagon or stroller.
[Amended 5-10-2016 by Ord. No. 16-17]
C.
No person shall use, on a street where play is prohibited,
roller skates, sleighs, sleds or other similar devices on wheels or
runners, except bicycles and motorcycles.
D.
The City Manager may, by administrative order, designate
temporary areas on streets where play is prohibited, in which persons
may be permitted to use roller skates, sleighs, sleds, toys or other
similar devices on wheels or runners, and if such streets have two
traffic lanes, such persons shall keep as near as possible to the
extreme left side or edge of the left-hand traffic lane so that they
will be facing oncoming traffic at all times.
E.
No person riding upon any bicycle, roller skates,
sleigh, sled, toy or other device on wheels or runners shall attach
the same or himself to any motor vehicle, wagon or vehicle upon a
roadway, highway or street within the City.[1]
[1]
Editor's Note: Former Subsection F, which immediately followed
this subsection and prohibited the use of earphones on public street,
sidewalks or rights-of-way, was repealed 4-13-2010 by Ord. No. 10-5.
