Chapter 12.05
STREETS AND SIDEWALKS
Sections:
12.05.010 Permit required for excavations in city streets – Bond required.
12.05.020 Safety barricades and lights required – Removal prohibited.
12.05.030 Failure to restore street prohibited.
12.05.040 Replacement of existing curb, gutter and sidewalk improvements.
12.05.050 Private structures on city streets prohibited.
12.05.060 Obstructions and littering prohibited.
12.05.070 Cleaning by property owner.
12.05.080 Discharging water onto sidewalks.
12.05.090 Flooding streets and sidewalks.
12.05.100 Driving or riding on sidewalks prohibited.
12.05.120 Placement of garbage cans.
12.05.130 Removal of snow and ice.
Prior legislation: Rev. Ord. 1945 § 277.
12.05.010 Permit required for excavations in city streets – Bond required.
It shall be unlawful for any person, firm or corporation to: (A) make an excavation in any street, lane or alley, (B) remove, destroy or replace any asphalt or pavement or any roadbed medium on any street, lane or alley, or (C) remove, destroy or replace any curb, gutter, sidewalk or other street improvement located on any city street right-of-way or public property, without first obtaining a permit from the city council or their designated representative.
The permit above mentioned shall be issued only upon condition that adequate security in the form of cash or bond be posted by the applicant with the city recorder guaranteeing that all improvements and restoration will be completed by a certain date and pursuant to city standards and any conditions which may be imposed by the public works director as part of the approval. [Ord. 86-3. Code 1988 § 9-3-2.1].
12.05.020 Safety barricades and lights required – Removal prohibited.
It shall be unlawful for any person, by or for whom any excavation is made in a public street, to fail to cause a barricade, rail or other sufficient fence to be placed so as to enclose such excavation, together with any dirt, gravel or other material thrown therefrom, and to maintain such barricade during the period of time such excavation continues.
It shall be unlawful for any person to fail to have lighted lanterns or some other proper and sufficient lights fixed to parts of such barricade, or in some other proper manner over or near the excavation, and over and near the dirt, gravel or other material taken therefrom. Such lanterns or lights shall be kept lighted from the beginning of twilight through each night during which such excavation exists.
It is unlawful for any person, maliciously or wantonly and without legal cause, to extinguish, remove or diminish such lights, or to tear down or remove any rail, fence or barricade fixed in accordance with the provisions of this section. [Code 1988 § 9-3-2.2].
12.05.030 Failure to restore street prohibited.
It is unlawful for any person having made an excavation in any street, whether under a permit or otherwise, to fail, neglect or refuse, for a period of five days after notice, to restore such street to its normal condition. [Code 1988 § 9-3-2.3].
12.05.040 Replacement of existing curb, gutter and sidewalk improvements.
Any owner of property desiring to have the curb, gutter or sidewalk contiguous to said property replaced shall submit a request therefor to the city council. The council may authorize the replacement of said curb, gutter or sidewalk improvements and may participate in the cost of their construction. The procedure for accomplishing construction and the terms and amounts of city participation in financing the replacement improvements shall be as established by resolution of the city council (see Resolution 82-8). [Code 1988 § 9-3-2.4].
12.05.050 Private structures on city streets prohibited.
No structure as hereinafter defined, used for private purposes, shall be permitted to be erected, placed or maintained on any street within the city except where such structure is of a temporary nature and shall have been first approved by the city council. Any permit granted under this section may be revoked, altered or modified whenever the council shall deem it to be in the best interests of the city, and it shall be unlawful for any person to fail to comply with any order or condition imposed by the city council.
For purposes of this section the word “structure” shall mean and include any sign, sign post, signboard, arch, advertisement, merchandise, material, banner, rack, fence, object or similar structure erected, located, deposited, or placed above, over, in or upon any street right-of-way, except those objects which have been approved in accordance with applicable provisions of the city’s development code. [Code 1988 § 9-3-3].
12.05.060 Obstructions and littering prohibited.
It shall be unlawful for any person to cast, place or deposit upon any street, gutter or public place the following, without permission of the chief of police or other designated representative:
A. Any broken ware, glass, rubbish, refuse matter, ice, water, mud, garbage, ashes, tin cans, or other like substances;
B. Any vehicles, lumber, wood, boxes, fences or fencing materials, dead trees, tree stumps, merchandise, or any article or thing which would obstruct such street or sidewalk or any part thereof, or obstruct the free use and enjoyment thereof, or the free passage over or upon the same, or any part thereof;
C. Any stones, gravel, sand, coal, dirt, manure, garbage, leaves, lawn or hedge clippings or rubbish of any kind, or any other substance which shall render such street unsafe or unsightly, or shall interfere with travel thereon. [Code 1988 § 9-3-4.1].
12.05.070 Cleaning by property owner.
It shall be unlawful for any occupant, or the owner of any property abutting on any street within the city, to neglect or fail to clean and keep clean of all weeds, ice, snow or rubbish, the sidewalks in front of his premises. [Code 1988 § 9-3-4.2].
12.05.080 Discharging water onto sidewalks.
It shall be unlawful for any person owning, occupying or having control of any premises to suffer or permit water from the roof or eaves of any such house, building or other structure, or from any other source under the control of such person, to be discharged and spread upon the surface of any sidewalk. [Code 1988 § 9-3-4.3].
12.05.090 Flooding streets and sidewalks.
Every person who willfully, carelessly or negligently obstructs, injures or floods any street or sidewalk by the flow or seepage of water, or who willfully, carelessly or negligently permits water under his control to escape in any manner so as to obstruct, injure or flood any street or sidewalk within the city shall be guilty of a misdemeanor. [Code 1988 § 9-3-4.4].
12.05.100 Driving or riding on sidewalks prohibited.
It shall be unlawful for any person to drive a self-propelled vehicle upon any sidewalk, except across a sidewalk at established crossings. [Code 1988 § 9-3-4.5].
12.05.110 Trees.
Any person who shall intentionally or negligently allow a tree, shrub, or a root or branch of the same, or a waterline, vehicle, or any other object to interfere with or damage a city street or sidewalk shall be guilty of a violation of this chapter.
The chief of police or other designated agent of the city may serve a written notice upon the owner of the object which is interfering with or damaging a city street or sidewalk, which notice shall require that the interference or damage be abated within a reasonable time. In the case of neglect or refusal to abate the same, after notice, the city may abate or procure the abatement, and the offending person shall be responsible for the reasonable expenses of such abatement. [Ord. 90-7 § 1. Code 1988 § 9-3-4.6].
12.05.120 Placement of garbage cans.
It shall be unlawful for any person to place or leave standing a garbage can on a city street except within 24 hours of the scheduled time for garbage collection.
It shall be unlawful to place a dumpster in a position which obstructs the view of a street or sidewalk. [Ord. 2009-2. Code 1988 § 9-3-4.7].
12.05.130 Removal of snow and ice.
It shall be the duty of the owner or tenant of any premises abutting or adjoining any public sidewalk to remove or cause to be removed all snow and/or ice from the sidewalk abutting such premises.
It shall be unlawful for any person, firm or corporation to permit snow or ice to form and accumulate and remain upon any sidewalk on either side of Main Street between Maple Street and Second North, or on either side of Poplar Street, Ivy Street and Hill Street between Main Street and First West, which abuts onto any real property owned, leased, operated or controlled by said person, firm or corporation. [Ord. 87-1. Code 1988 § 9-3-5].
12.05.140 Penalties.
Violation of any of the provisions of this chapter shall be a class C misdemeanor. At the enforcement officer’s sole discretion, a violation of this chapter may be handled as a civil violation under HMC Title 11, a criminal violation as stated herein, or both. The civil penalty shall be $50.00 per day. [Ord. 2018-1. Code 1988 § 9-3-6].