[HISTORY: Adopted by the City Council of the City of Lexington as §§ 15-20, 15-21, 21-1, 21-2, 21-4 to 21-10, 21-12 to 21-15, 21-20 to 21-26 and 21-28 of the 1958 Code (§§ 15-23, 15-24 and 15-29 and Ch. 21 of the 1970 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 360.
Vehicles and traffic — See Ch. 394.
Water and sewers — See Ch. 403.
The City street system is that which appears set forth on plat duly recorded in the Clerk's office of the Circuit Court of the county in Deed Book 153, page 433, together with such street or streets, or portions of streets, as may be added.
[1]
Editor's Note: For state law as to streets and alleys generally, see Code of Virginia, § 15.2-2000 et seq.
Such public alleyways, leading from street to street in a proper line and of proper width for public use thereof, as may be designated by the Council shall be deemed to be under the care and management of the City Manager, but the City shall not be liable for the maintenance thereof, other than such as it may see fit to perform, and the City Manager may, at any time, recommend that any such alleyway be withdrawn from the City street system.
[Added 8-3-1961; amended 12-7-1967]
A. 
Generally.
(1) 
Sidewalks and curbs and gutters may be installed on a priority basis at such locations as recommended by the City Manager and approved by the Council at no expense to adjacent or abutting property owners. Priority of sidewalk construction will be given in the interest of school and public safety. Priority in curb and gutter construction will be given to storm drainage control.
(2) 
The City will make routine repairs to sidewalks and curbs and gutters at no expense to the property owner. Whenever the condition of any sidewalk or curb and gutter is beyond responsible or economical repair, then the City may reconstruct the same in accordance with Subsection A(1).
B. 
Installation upon request of landowners.
(1) 
Generally. Landowners desiring a sidewalk or curb and gutter to be constructed which is not in a location scheduled for installation shall petition the Council through the City Manager, such petition to be from not less than 3/4 of the landowners to be affected thereby, and the landowners shall agree to pay 1/2 of the cost of such construction, shall waive all damages by reason of such construction, and shall deed to the City sufficient property for the installation. Before constructing any sidewalks, curbs and gutters, it shall be the duty of the City Manager to give not less than 10 days' notice to adjacent and abutting property owners of such proposed installation and to advise the property owner of his right to request the Council to review its decision.
(2) 
How notice given; objections. Notice may be given by personal service on all persons entitled to such notice, except that notice to an infant or insane person may be served on his guardian or committee and notice to a nonresident may be mailed to him at his place of residence or served on any agent of his having the property in charge, or on the tenant of the freehold, or in any case when the owner is a nonresident, or when the owner's residence is not known, such notice may be given by publication in some newspaper published or having general circulation in the City once a week for four successive weeks, or, in any case, in lieu of such personal service on the parties or their agents and of such publication, the notice to all parties may be given by publishing the same in some newspaper published or having general circulation in the City once a week for two successive weeks, the last publication to be made at least 10 days before the parties are cited to appear. Any landowner wishing to make objections to an assessment or apportionment may appear in person or by counsel and state his objections.
(3) 
Appeal to court; duty of Clerk of Council. If his objections are overruled, he shall, within 30 days thereafter, but not afterwards, have an appeal as of right to the Circuit Court of the county. When an appeal is taken, the Clerk of the Council shall immediately deliver to the Clerk of the Circuit Court of the county the original notice relating to the assessment, with the judgment of the Council, and the Clerk shall docket the same.
C. 
Repair upon request of landowners. Landowners desiring a sidewalk or curb and gutter to be repaired which is not in a location scheduled for repair shall make a written petition to the Council, through the City Manager, agreeing to pay 1/2 of the cost of such repair and waiving all damages by reason of such repair.
D. 
Method of payment when installation or repair upon petition. Whenever any petition for installation or repair as provided for in Subsections C and D is approved, an estimate shall be made of the proposed improvements. Upon completion of the construction, the estimated amount shall be amended to show the amount finally assessed against or appropriated to each landowner, which final amount shall in no event exceed the estimated amount.
[Amended 5-17-2007 by Ord. No. 2007-12]
Application for the construction of driveways across existing sidewalks shall be filed with the City Manager, and, on approval, such driveways may be constructed in accordance with plans and specifications furnished by the City Manager and at no expense to the City.
[Amended 11-7-1974; 5-17-2007 by Ord. No. 2007-12; 12-1-2022 by Ord. No. 2022-14]
A. 
No person shall disturb the City's right-of-way, or occupy it in a fashion that impedes pedestrian or vehicular traffic, without first obtaining a permit from the Department of Public Works. The word "person" as used in this section shall include any firm, association, cooperation and utility company.
B. 
Permits shall be obtained a minimum of 72 hours in advance of right-of-way disturbance or occupancy. Emergency excavations may be made without an advance permit, but application for a permit will be submitted within 48 hours after commencement of the excavation.
C. 
The permit application shall be made in writing describing the project, its location, the area of street disturbance/occupancy necessary, the contemplated dates of commencement and completion of the project, and, when required, maintenance of traffic plans. Private utility companies shall document the City franchise agreements that they are operating under.
D. 
Each application for a permit shall have attached a check payable to the City Treasurer in the amount documented in the City's current fiscal year fee schedule, which sum shall be refunded in the event the application is denied.
E. 
At the full discretion of the City Manager, any applicant who is not otherwise under bond or a franchise may be required to post a performance bond or, in lieu thereof, a certified check in such amount to be determined by the City as a guarantee of compliance with the restoration and repair requirements of this section. The amount of such bond shall not exceed the bond required by other franchise utilities and shall be effective for the period of one year from the date of completion of the project.
F. 
Any person disturbing the City's right-of-way shall restore it in accordance with the City's design and construction standards. Disturbances not covered by these standards shall be repaired in conformance with current Virginia Department of Transportation standards. Permit holders shall be responsible for maintaining such repairs for a period of one year from the date of project completion.
G. 
Any person who fails to obtain a permit as required by this section or, upon issuance of a permit, fails to comply with the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $200. Each day's continuance thereof shall be a separate offense. Any such violation shall be deemed a nuisance and the court or trial justice trying the case shall have power to cause the nuisance to be abated and to commit the offenders and all their agents and employees engaged in such offenses in jail until such order of the court shall be obeyed.
H. 
The fee and bond requirements of this section shall be waived as to any person performing work on behalf of the City.
[Amended 12-1-2022 by Ord. No. 2022-14]
A. 
All wires, cables and telecommunication devices within the City's right-of-way shall be installed in conformance with the National Electrical Safety Code and National Electric Code, most recent amendments. In no instance shall these facilities be installed with less than 14 feet of vertical clearance from City streets and walks.
B. 
Entities installing such infrastructure within the public right-of-way shall have franchise agreements, or permits, in effect per Chapter 142 of the Lexington City Code. Said entities shall additionally be liable for acquiring City excavation permits/right-of-way occupancy permits per § 356-8 herein.
C. 
Wires, cables, and telecommunication devices shall be installed in such a manner as to pose no threat to the health, welfare, and safety of the public. This specifically includes the occlusion of sight lines at street intersections and pedestrian crossings.
D. 
Wires, cables, and telecommunication devices shall be installed in such a manner as to not interfere with accessibility of the public right-of-way.
E. 
Wires, cables, and telecommunication devices shall be installed in such a manner as to not inhibit the City in the performance of its public services, such as trash and recycle collection.
F. 
Wires, cables, and telecommunication devices shall be installed in such a manner as to not inhibit the City's ability to maintain the public right-of-way and associated infrastructure.
G. 
Wire, cables, and telecommunication devices within the City's right-of-way which cease to be used, or which are abandoned, shall be removed from the City right-of-way within 60 days upon cessation of use or abandonment.
H. 
The application, processing, and approval of the installation and maintenance of small cell facilities on existing structures and on new wireless support structures in City rights-of-way must adhere to Code of Virginia, §§ 56-484.26 through 56-484.32, regulating wireless communications infrastructure.
[Amended 4-21-1977]
A. 
Any person who shall undertake to occupy or use any street or sidewalk or any portion thereof, in any manner, not permitted to the general public or otherwise authorized by a permit of the City Manager or other duly authorized official, shall be guilty of a misdemeanor.
B. 
Except for bicycles which are treated elsewhere in this Code,[1] it shall be unlawful to use the streets and sidewalks in the Central Business District and the streets (sidewalks excluded) outside of such district for playground purposes and games, for skateboarding and sledding, or to throw, cast or cause to be projected in flight any ball, missile or object of any kind across any public sidewalk, street or alley when any oncoming traffic, vehicular or pedestrian, is within 100 feet of the line of flight of such ball, missile or object, or to throw or cast any ball, missile or other object at a pedestrian or occupied motor vehicle.
[1]
Editor's Note: See Ch. 394, Vehicles and Traffic.
No person shall cause wood, coal, lumber, lime, sand, brick, tools or other materials or impediments to be placed upon any of the sidewalks, streets, etc., of the City, provided that materials used for building or repairing houses may occupy such part of the street opposite the building during the erection or repairing thereof as the City Manager may allow, in which case the gutter or drains thereat shall be kept unobstructed.
Any person engaged in building or repairing any building or structure on any street shall, with the permission of the City Manager and under his direction, place barriers necessary to warn persons passing of any danger that may be occasioned by such work. In no such case shall a sidewalk or gutter be obstructed, unless by special permission of the City Manager. The barrier or obstruction shall be sufficiently lighted at night to warn the traveling public. The person placing such barrier or obstruction on the streets or sidewalks shall be responsible for any damage caused thereby, or resulting therefrom, and shall indemnify and save harmless the City of all cost, expense and attorney fees incident thereto.
It shall be the duty of the police promptly to notify the City Manager of all permanent obstructions of streets, and the City Manager shall forthwith cause all such obstructions to be removed, either by the person responsible for such obstruction or by the person whose duty it is to remove such obstruction. Failing in obtaining such removal, the City Manager shall have the obstruction removed at the cost of the City, and such costs, together with such fine as may be imposed, shall be collected as provided by law.
[Amended 7-21-2022 by Ord. No. 2022-08]
A. 
It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees or other vegetation to prune such trees or vegetation in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, obstruct views of any street or alley intersection, or obstruct any fire hydrant. Suggested minimum clearance of any overhanging portion thereof shall be 12 feet over sidewalks and 13 feet and six inches over all streets except truck thoroughfares, which shall have a clearance of 16 feet. The fire hydrant clearance zone shall be three feet to the back of the fire hydrant, 15 feet from the center of the hydrant to the left and right and the front of fire hydrant shall remain unobstructed.
B. 
Should any person owning real property bordering on any street fail to prune trees or other vegetation, the Department of Public Works, with advice from the City Arborist, shall order such person within 14 days after receipt of written notice to so prune such trees or other vegetation.
C. 
The order required in this section shall be served by mailing a copy of the order by certified mail to the last-known address of the property owner.
D. 
When a person to whom an order is directed shall fail to comply within the specified time, the City may prune such trees or other vegetation, and the exact cost thereof shall be recoverable from such person.
E. 
Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner.
[Added 1-3-1963; amended 4-7-2022 by Ord. No. 2022-03]
A. 
The tenant, owner or occupant or any person having the care of any building or lot bordering on any street, whether there is a paved sidewalk or not, shall have all snow removed from such sidewalk or footway and further treat such walkways with salt or ice melt in the case of a sleet or ice event, within six hours after the snow, sleet or ice shall have ceased falling, unless the snow/sleet/ice shall have fallen during the night or on Sunday, in which case it shall be removed by 12:00 noon the day following. Failure to do so is unlawful and may be punished by a $250 fine per snow event.
B. 
If, in the City Manager's discretion, it becomes necessary for the City to provide for snow removal, after reasonable notice to the owner the City may do so and charge the owner for the services rendered. The cost of those services will include a $200 administrative fee in addition to other costs incurred for each property requiring snow removal.
C. 
Any charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property.
All gutters from which water empties upon a street or sidewalk shall be so constructed as to discharge such water only at or below the surface of the ground. No water from any gutter or spout or in any way collected shall be permitted to flow across the sidewalk or footway from any lot or building, except in a covered drain or pipe. Such covered drain or pipe shall be so laid that the finished sidewalk or footway is flush with the existing sidewalk or footway.
All buildings, the eaves of which project over the sidewalk, shall be provided with adequate gutters so that there shall be no dripping from the eaves upon the sidewalk. Such gutters shall be kept clean of leaves, trash and other refuse which obstruct the flow of water therein.
[Amended 5-17-2007 by Ord. No. 2007-12]
No flags, banner or signs shall be erected on or over any street or sidewalk in the City that impede the safe and efficient flow of vehicular or pedestrian traffic.
No parade or procession of any kind shall be allowed in or upon any street without a written permit from the City Manager and unless it is in compliance with the terms of such permit.
A. 
Marking. The City Manager shall, from time to time, have the names of the streets so marked as to indicate the same.
B. 
Naming and changing names of streets. The Council may name or change the name of any street by resolution.
C. 
Defacing or destroying street markers. No person shall remove, alter, deface or destroy the markers used for naming any street wherever the same may be located.
A. 
Display. Except as otherwise provided by this Code or by ordinance, it shall be unlawful for any person to display any goods, wares or merchandise on or over the streets or sidewalks of the City. Any display of goods, wares or merchandise inside the store building or outside the building on storehouse property, including store entrances, shall be adequately protected from flies and dogs.
B. 
Allowing to remain or to be placed on street. It shall be unlawful for any person, except in the temporary act of unloading goods, wares or merchandise, to allow goods, wares or merchandise to remain or be placed upon any street or portion thereof.
It shall be unlawful for any person to loaf or loiter on any street to the annoyance of the occupants of any property along the same or to the annoyance of persons passing on the same.
[Added 7-1-2021 by Ord. No. 2021-05]
Street banners are allowed for the following purposes only, and nothing contained herein is intended to create or to be construed to create a public forum for the expression of promotion of ideas or opinions with respect to such banners.
A. 
Advertising a public entertainment or event, or an activity of community interest, including but not limited to City-sponsored events, events sponsored by or related to local educational institutions, events sponsored by and benefitting local, state or national not-for-profit organizations, civic events such as, but not limited to, voter registration, cultural or artistic events, or indicating a local, state, or national awareness date such as, by way of illustration but not limitation, National Constitution Month. Any such event must occur within the City of Lexington, City of Buena Vista, or County of Rockbridge. Any such banner shall be designed to be easy for people traveling in vehicles to ascertain the event and date without diverting drivers' attention from the road. To that end lettering shall be the largest component of the banner and imagery shall be limited to peripheral positions and limited in size to no more than 1/4 of the entire banner.
B. 
No street banner shall be permitted with the main intent of commercial advertising, or that displays business logos, business names, and/or slogans associated with a product or service, or that promotes political campaigns or parties. Business logos for sponsors of a not-for-profit agency or group or an event benefitting such not-for-profit agency or group may be included with express language to that effect.
C. 
No street banner shall be permitted that:
(1) 
Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
(2) 
Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, or is unreasonably harmful or offensive to any individual or community.
(3) 
Violates any right of any third party.
(4) 
Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
(5) 
Violates or encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
(6) 
Advertises, promotes, or offers to trade any goods or services in conflict with the terms of this section.
(7) 
Includes copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
(8) 
Is false, deceptive, misleading, deceitful, or contains misinformation.
(9) 
Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law.
D. 
Designs must be approved in advance by the Director of Public Works with regard to conformity with the above. Applications are available in the office of the Director of Public Works of the City of Lexington.
E. 
Sponsoring organizations must supply the City with proof of liability insurance to cover any and all claims caused by such banner display. A signed statement holding the City of Lexington harmless from any liability resulting from accident or injury caused by the erection or display of the banner shall be required.
F. 
The City of Lexington assumes no responsibility for damage to banners, loss, fading, late deliveries of banners, late installations, acts of nature, or faults in craftsmanship.
G. 
All banners shall be installed and removed by the City. No provider shall attempt to install, remove, or repair and reinstall a banner. The fee for installation and removal shall be set by the City Council in its annual appropriation. The fee shall be due with the application set forth in § 420-13.2 above.
H. 
The City of Lexington agrees to hang the banner(s) in a timely manner, dependent upon the demands on City resources and the weather.
I. 
Banners shall not be displayed for more than three weeks total, including no more than one week after any associated event.
J. 
Other than annually City-sponsored events and national or state holidays, space availability shall be on a first-come, first-served basis.