Chapter 12.05
GENERAL PROVISIONS
Sections:
12.05.010 Building materials in street – Permit.
12.05.020 Placing or mixing sand or gravel on paved street or sidewalk.
12.05.030 Overflowing of water on public property.
12.05.040 Irrigation ditches across sidewalks.
12.05.050 Removal of sod, earth from streets or other property.
12.05.070 Placing trash or other obstruction in streets, gutters, or sidewalks.
12.05.090 Doors opening into streets.
12.05.100 Discharge of water on street.
12.05.110 Crossing at intersections.
12.05.120 Business to keep sidewalk clean.
12.05.130 Placing goods on sidewalks for sale or show.
12.05.140 Placing goods on sidewalks for receipt or delivery.
12.05.150 Obstructing sidewalks.
12.05.160 Congregating on sidewalks.
12.05.010 Building materials in street – Permit.
It shall be unlawful for any person to occupy or use any portion of the public streets when erecting or repairing any building upon land abutting thereon, without first making application to and receiving from the street superintendent a permit for the occupation or use of such portions of streets for such periods of time and under such limitations and restrictions as may be required by the city council. Any such permit may be revoked by the city council at any time when the holder thereof fails to comply with any rule or regulation under which it is granted, or when, in the opinion of the city council, the public interest requires such revocation. [Code 1997 § 11-3-54.]
12.05.020 Placing or mixing sand or gravel on paved street or sidewalk.
Unless a permit from the superintendent has been obtained, it shall be unlawful to:
(1) Place or pile, or permit to be placed or piled, any sand, gravel, lime, cement, mortar, plaster, concrete, or any like substance or mixture, or allow the same to remain on any portion of any paved street or sidewalk.
(2) Make or mix or permit to be made or mixed any mortar, plaster, concrete or any like substance or mixture on any portion of any paved street or sidewalk. [Code 1997 § 11-3-55.]
12.05.030 Overflowing of water on public property.
It shall be unlawful for any person to allow water to overflow from any ditch, canal, well, or irrigation stream onto the streets, sidewalks or property of the city. [Code 1997 § 11-3-56.]
12.05.040 Irrigation ditches across sidewalks.
All owners or occupants of lots in this city who require water from a main ditch for irrigation or other purposes shall dig ditches, erect flumes, lay pipes and install culverts, as needed, and maintain the same to convey water under sidewalks to or from their respective lots. All culverts, ditches, pipes and flumes conveying water under sidewalks shall meet such reasonable standards and specifications as may be established by the superintendent of streets. [Code 1997 § 11-3-57.]
12.05.050 Removal of sod, earth from streets or other property.
No person shall dig, cut or remove any sod or earth from any street or other public place without a permit from the street superintendent. [Code 1997 § 11-3-58.]
12.05.060 Removal of snow.
(1) It shall be unlawful for the owner, occupant, lessor, or agent of any property abutting on a paved sidewalk to fail to remove, or have removed, from such paved sidewalk all hail, snow, or sleet thereon within a reasonable time after such snow, hail, or sleet has fallen. In the case of a storm between the hours of 5:00 p.m. and 6:00 a.m. such sidewalk shall be cleaned before 9:00 a.m. of the same day.
(2) It shall be unlawful for any person removing snow from the sidewalk to deposit snow, dirt, leaves, or any other material in the gutter so as to clog or prevent the free flow of water therein. [Code 1997 § 11-3-61.]
12.05.070 Placing trash or other obstruction in streets, gutters, or sidewalks.
It shall be unlawful for any person owning, occupying or having control of any premises to place, or permit to be placed, upon or in the sidewalk, parking area, gutter, or on the half of the street next to such premises:
(1) Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, ashes, tin cans or other like substances.
(2) Any wagons, lumber, wood boxes, fencing, building material, dead trees, tree stumps, merchandise or other thing which shall obstruct such public street, gutter, parking area or sidewalk, or any part thereof, except as expressly authorized by ordinance, without the permission of the city council first had and obtained.
(3) Any permanent or temporary structure, mechanism, device, vehicle, or other thing of any kind or character except trees planted pursuant to the provisions of applicable ordinance. [Code 1997 § 11-3-62.]
12.05.080 Openings in street.
(1) It shall be unlawful for the owner or occupant of any building having a cellar which opens upon any street or sidewalk to fail to keep the door or other covering in good repair and safe for the passage of the customary traffic on the street or sidewalk. If the owner or occupant of any such building shall neglect or refuse to repair properly any such door or covering within 24 hours after notice from the superintendent of streets to do so, the superintendent shall forthwith cause such repairs to be made at the expense of the owner or occupant.
(2) It shall be unlawful to construct or maintain coal holes or other openings in streets or sidewalks, except with the special permission of the city council, and under the direction and supervision of the superintendent of streets. [Code 1997 § 11-3-63.]
12.05.090 Doors opening into streets.
It shall be unlawful for any person, firm, or corporation owning or having the control or management of any alley, road, or passageway to construct or hang gates or doors to such alley, road, or passageway so that the gates or doors thereto, when open, shall project outwardly more than two feet over or upon the sidewalk or beyond the property line. [Code 1997 § 11-3-64.]
12.05.100 Discharge of water on street.
It shall be unlawful for any person owning, occupying, or having control of any premises to fail, refuse or neglect to prevent water from the roof or eaves of any house, building, or other structure, or from any other source under the control of such person, to be discharged upon the surface of any sidewalk. [Code 1997 § 11-3-65.]
12.05.110 Crossing at intersections.
It shall be unlawful for any person to drive or park a self-propelled vehicle or lead, drive, or ride any animal upon any sidewalk except across a sidewalk at established crossings. [Code 1997 § 11-3-66.]
12.05.120 Business to keep sidewalk clean.
It shall be unlawful for any owners or occupants of any place of business to refuse, neglect or fail to cause the sidewalk abutting thereon to be swept or cleaned each morning before the hour of 9:00 a.m. [Code 1997 § 11-3-67.]
12.05.130 Placing goods on sidewalks for sale or show.
No goods, wares, or merchandise shall be placed, maintained or permitted for sale or show in or on any parking area or street, without first obtaining the written approval of the city council. Such approval shall be granted only when such sale or show shall be a promotional activity not exceeding 48 hours and when participated in by a majority of firms seeking approval in their business areas. The city council’s written approval shall specifically provide that no goods, wares, or merchandise shall be placed in such a manner as to leave less than a six-foot passageway for pedestrians. [Amended during 2011 recodification. Code 1997 § 11-3-68.]
12.05.140 Placing goods on sidewalks for receipt or delivery.
It shall be unlawful for any person to place, or suffer to be placed or kept, upon any sidewalk, any goods, wares or merchandise which he may be receiving or delivering, without leaving a foot passageway upon such sidewalk. It shall be unlawful for any person receiving or delivering such goods, wares or merchandise to suffer the same to be or remain on such sidewalk for a longer period than two hours. [Code 1997 § 11-3-69.]
12.05.150 Obstructing sidewalks.
Every person who engages in any activity which obstructs the free travel upon any sidewalk or street is guilty of an infraction. [Amended during 2011 recodification. Code 1997 § 11-3-70.]
12.05.160 Congregating on sidewalks.
It is an infraction for any person or persons to congregate about or upon any sidewalks, stairway, doorway, window or in front of any business or dwelling house, theater, lecture room, church or elsewhere and by so doing to obstruct or interfere with the free passage of persons entering, leaving or occupying such building or premises. [Code 1997 § 11-3-71.]