Chapter 12.04
STREETS AND SIDEWALKS GENERALLY
Sections:
12.04.020 Disturbing sod, earth or pavement.
12.04.040 Obstructing public ways.
12.04.060 Playing in a public way.
12.04.070 Removal of snow and ice.
12.04.100 Dragging objects on public ways.
12.04.110 Water flowing onto public way.
12.04.120 Violations -- penalty.
12.04.130 Depth of telecommunication lines.
12.04.010 Definitions.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Harmful chemical” means a substance which, if spilled or allowed to escape into the air on a public way, could damage public ways, or could endanger the public. The term “harmful chemical” includes, but is not limited to, petroleum products, chlorine, acids, or lime mortar.
“Loose material” means material which may litter a public way or endanger the public if deposited upon a public way. The term “loose material” includes, but is not limited to, sand, gravel, dirt, garbage, glass, metal scraps, paper and manure.
“Public way” means any area over which the public has a right-of-way. By way of example and not of limitation, streets, alleys, or sidewalks are “public ways.”
(Prior code § 92.01)
12.04.020 Disturbing sod, earth or pavement.
1) Except as provided in subpart 2 of this section, no person shall disturb sod or earth along a public way without the permission of the board of county commissioners. No person shall damage a public way without the permission of, or without a permit issued by the Board of County Commissioners.
2) The installation of small cell facilities, as defined by I.C. §8-1-32.3-9, may be approved by the County Engineer at the Site Review Committee, providing the installation meets all other requirements of the district in which it is located. Any interested party may appeal the decision of the County Engineer concerning a small cell facility to the County Commissioners by delivering to the office of the County Commissioners, within thirty (30) days of the decision by the County Engineer, written notice of appeal filed with an Agenda Request form.
(Ord. 03-19-004 § 1, amended, 3-12-2019; prior code § 92.02)
12.04.030 Loose material.
No person shall allow loose material under his control to be deposited on a public way. Sand, gravel, dirt, and coal may be hauled in open trucks or trailers, so long as they are not allowed to fall on a public way. No person shall haul loose material other than sand, coal, gravel, or dirt except in a truck or trailer provided with a cover adequate to prevent the loose material from being deposited on a public way.
(Prior code § 92.03)
12.04.040 Obstructing public ways.
No person shall cause the obstruction of a public way without the permission of or without a permit issued by the board of commissioners.
(Prior code § 92.04)
12.04.050 Harmful chemicals.
No person shall deposit a harmful chemical on a public way or allow a harmful chemical to escape into the air along a public way. No person shall transport a harmful chemical over a public way except in a container or vehicle so designed as to prevent the escape of the harmful chemical.
(Prior code § 92.05)
12.04.060 Playing in a public way.
No person shall play in a public way. However, this section shall not be construed to prohibit the playing of games in public parks. No person shall throw a hard object along or across a public way. Objects not to be thrown include, but are not limited to balls, stones, or flying toys.
(Prior code § 92.06)
12.04.070 Removal of snow and ice.
A. For purposes of this section, “occupant of a premises” means the occupant of the first floor of a building, regardless of the nature (business, residential, or the like) of his occupancy. If the floor of a building is unoccupied, the owner of the premises shall have the duties prescribed by this section.
B. The occupant of a premises or owner of an unoccupied premises abutting a sidewalk shall remove the snow and ice which may collect on the sidewalk. In the event that snow or ice on a sidewalk is frozen so hard that it cannot be removed by normal means, or removal would cause damage to the sidewalk, or weather conditions are such that removal of the snow or ice is impracticable, the person responsible for the sidewalk shall sprinkle the sidewalk with a material such as sand, salt, or sawdust in order to make the sidewalk safe to walk on. The sidewalk shall be cleaned as soon as the weather permits.
(Prior code § 92.07)
12.04.080 Use of sidewalks.
No person shall use a sidewalk as a place of business, unless the area of sidewalk used is designated a public market. Owners and occupants of premises used for a business purpose which abut a sidewalk may use an area two feet in width of the abutting sidewalk for the purpose of displaying goods, so long as that use does not interfere with pedestrians traveling along the sidewalk. A larger area may be used only if a permit is obtained from the board of county commissioners.
(Prior code § 92.08)
12.04.090 Flammable material.
No person shall intentionally or unintentionally deposit flammable material on a public way. No person shall burn material on a public way.
(Prior code § 92.09)
12.04.100 Dragging objects on public ways.
No person shall drag an object on a public way so as to cause damage to the surface of a public way.
(Prior code § 92.10)
12.04.110 Water flowing onto public way.
No person shall allow water other than normal runoff from rainfall to flow from premises belonging to or occupied by him onto a public way.
(Prior code § 92.11)
12.04.120 Violations -- penalty.
Any person violating any provisions of Sections 12.04.010 through 12.04.110, shall be subject to a fine of up to, but not more than two thousand five hundred dollars ($2,500.00), plus costs.
(Prior code § 92.99(A))
12.04.130 Depth of telecommunication lines.
In order to help prevent damage to buried telecommunication lines, all telecommunication lines placed in County Right-of-Way shall be buried at a depth of at least twenty-four (24) inches.
(Ord. 07-19-020 § 1, added, 07/23/2019)