Chapter 12.05
IN GENERAL
Sections:
12.05.010 Violations of title.
12.05.020 Certain ordinances relating to streets not affected by code.
12.05.030 Required acceptance by council of dedicated street, alley, etc.
12.05.040 Regulations for street work by city forces.
12.05.050 Report required prior to certain changes in elevation or grade or realignment.
12.05.060 Property owner’s waiver of damages prior to improvements.
12.05.070 Width and height of sidewalks.
12.05.080 Street numbers for buildings.
12.05.090 Water and sewer pipes to be run directly to street.
12.05.100 Running of wastewater or water from wash racks or drains upon streets or sidewalks.
12.05.110 Obstructions generally.
12.05.120 Obstructions during building operations.
12.05.130 Prohibition of roller skates, skateboards, bicycles, etc.
12.05.140 Duty of property owners or occupants to keep sidewalks clean.
12.05.150 Duty of property owners or occupants to remove snow and ice from sidewalks.
12.05.160 Deposit of snow in streets.
12.05.170 Temporary street closings.
12.05.010 Violations of title.
Unless otherwise specifically provided, a violation of any provision of this title shall constitute a Class 4 misdemeanor. (Code 1985, § 26-1).
Cross reference – Penalty for Class 4 misdemeanor, SCC 1.05.100.
12.05.020 Certain ordinances relating to streets not affected by code.
Nothing in this code or the ordinance adopting this code shall affect any ordinance opening, relocating, closing, altering or naming any street, and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this code. (Code 1985, § 26-2).
12.05.030 Required acceptance by council of dedicated street, alley, etc.
The city shall not be or become responsible for the opening or maintenance of, or for any damages resulting from the use of, any street, alley or other public way or grounds laid out and dedicated to the public use by any person, until the same shall have been accepted by the council. (Code 1964, § 25-10; Code 1985, § 26-3).
12.05.040 Regulations for street work by city forces.
The city manager may prescribe regulations for work done on city streets by city forces. (Code 1964, § 25-1; Code 1985, § 26-4).
12.05.050 Report required prior to certain changes in elevation or grade or realignment.
If any street or sidewalk improvements proposed to be made in the city involve the changing of elevations or grades or the realignment of such street or sidewalk, which will have an appreciable effect upon abutting or adjacent properties, such changes or realignment shall be reported, through the city manager, to the city council, prior to commencement of the project. Such changes or alignment shall be accurately reported with reference to such abutting or adjacent properties. (Code 1964, § 25-17; Code 1985, § 26-5).
12.05.060 Property owner’s waiver of damages prior to improvements.
Whenever street or sidewalk improvements are to be undertaken, a written waiver of all damages shall be obtained from all owners of property to be affected by such improvements, before commencing the project. If the affected property owners fail or refuse to sign such waiver, such failure or refusal shall be reported to the city council by the city manager, before the project is commenced. (Code 1964, § 25-18; Code 1985, § 26-6).
12.05.070 Width and height of sidewalks.
The city manager is hereby empowered to so regulate the width and height of the sidewalks of any street as will, in his judgment, be most conducive to the convenience and interest of the city. (Code 1964, § 25-9; Code 1985, § 26-7).
12.05.080 Street numbers for buildings.
(1) It shall be the duty of the building official to see that each building in the city is numbered, making the intersection of Augusta and Beverley Streets the initial point, thence running north, south, east and west.
(2) It shall be unlawful for any person to remove, alter, deface or destroy the number affixed to any building in this city pursuant to this section. (Code 1964, §§ 25-15, 25-16; Code 1985, § 26-8).
12.05.090 Water and sewer pipes to be run directly to street.
No person shall run, or cause to be run, a water or sewer pipe through or from one lot or sublot or from any structure thereon into another separate lot or sublot or structure thereon. Every water service pipe shall be run from the public street main, directly to the building, lot or premises and all house sewers shall be run directly from the public street sewer, where it is practical so to do. (Code 1964, § 25-2; Code 1985, § 26-9).
Cross references – Water supply, Title 13, Division II; sewers, Title 13, Division III.
12.05.100 Running of wastewater or water from wash racks or drains upon streets or sidewalks.
It shall be unlawful for any person to run wastewater or water from wash racks or any drain upon the streets or sidewalks of the city. (Code 1964, § 25-6; Code 1985, § 26-10).
Cross reference – Circumstances under which above section not applicable to roof drains, downspouts or similar facilities, SCC 13.35.50(4).
12.05.110 Obstructions generally.
No person shall obstruct a public street or sidewalk or the space vertically above the same, by placing therein anything whatsoever which will hinder or obstruct the passage of persons or vehicles in any manner whatsoever, except as otherwise specifically provided. (Code 1964, § 25-12; Code 1985, § 26-11).
12.05.120 Obstructions during building operations.
It shall be unlawful for any person to obstruct any street or sidewalk during building operations, with building materials, ladders, scaffolds or ropes or in any other manner, regardless of the character or extent of the obstruction, unless he shall first have obtained a permit therefor from the office of the chief of police. A permit authorizing the storage of building materials of any character or description in any part of a street shall limit the amount of space to be occupied and the period of time for such storage. (Code 1964, §§ 25-13, 25-14; Code 1985, § 26-12).
Cross reference – Building regulations, Title 15.
12.05.130 Prohibition of roller skates, skateboards, bicycles, etc.
(1) The use of roller skates, skateboards, bicycles, roller blades, scooters (powered or not), is prohibited upon all sidewalks and/or crosswalks situated in the “sidewalk restriction area” (defined below), and such prohibition extends also to the use of such devices in the parking garages located in said area.
(2) The sidewalk restriction area subject hereof is defined as beginning at the intersection of Oakenwald Street and High Street, thence south along High to the intersection of High Street and Churchville Avenue, thence west with Churchville to the intersection of Churchville Avenue and North Lewis Street, thence south with North Lewis to the intersection of Lewis Street and Middlebrook Avenue, thence east along Middlebrook to the intersection of Middlebrook Avenue and South Augusta Street, thence north along South Augusta to the intersection of South Augusta Street and Johnson Street, thence east along Johnson Street to the intersection of Johnson and South New Street, thence south along South New to the intersection of South New Street and Mill Street, thence east along Mill to the intersection of Mill Street and Greenville Avenue, thence southeast along Greenville to the intersection of Greenville Avenue with South Coalter Street, thence north with Coalter to the intersection of Coalter Street and Frederick Street, thence west along Frederick to the intersection of Frederick Street and North New Street, thence north along North New to the intersection of North New Street and Augusta Street, thence north with Augusta to the intersection of Augusta Street and Oakenwald Street, thence with Oakenwald north to the intersection of Oakenwald and High Street, the point of beginning. The restriction area defined herein applies to all sidewalks within the area and on either side of the boundaries thereof.
(3) A violation of the prohibition contained herein shall be punishable by a civil penalty of not more than $50.00. (Code 1985, § 26-13; Ord. 1-9-03).
12.05.140 Duty of property owners or occupants to keep sidewalks clean.
It shall be the duty of every person occupying property abutting on a paved sidewalk to cause such sidewalk to be kept clear of dirt, filth and dangerous or obnoxious matter and substances. If any such property is unoccupied, it shall be the duty of the owner or the person having charge thereof to comply with the requirements of this section. (Code 1964, § 25-6; Code 1985, § 26-14).
12.05.150 Duty of property owners or occupants to remove snow and ice from sidewalks.
It shall be the duty of every person occupying any property abutting on a paved sidewalk to remove snow, sleet or ice from such sidewalk, within six hours after the snow or sleet ceases to fall or the ice ceases to form, unless the snow or sleet fell or the ice formed during the night, in which case it shall be removed by 12:00 noon on the following day. If any such property is unoccupied, it shall be the duty of the owner or the person having charge thereof to comply with the requirements of this section. (Code 1964, § 25-7; Code 1985, § 26-15).
State law reference – Authority of city to require removal of snow from sidewalks, Code of Virginia, § 15.2-1115.
12.05.160 Deposit of snow in streets.
It shall be unlawful for any person to remove any snow from private premises and deposit such snow in any street. (Code 1964, § 25-8; Code 1985, § 26-16).
12.05.170 Temporary street closings.
(1) The city manager (or designee) may permit the temporary use of any city right-of-way (including any street, on-street parking space(s), or sidewalk) and other public way for other than public purposes, and may close the rights-of-way, public ways, and public spaces to public use and travel during such temporary use, for a specified period of time, when the city manager determines that such temporary closing will not be unduly injurious to the safety and convenience of the general public, that such closing is necessary because the proposed temporary use will impede traffic and/or pedestrian travel, and that adequate provision can be made to detour through traffic. Such temporary use shall be authorized by a written permit, which may be a single permit for multiple users, conditioned upon the temporary user’s or users’ compliance with the following conditions:
(a) No matter advertising any thing or business shall be displayed in or on the public rights-of-way or public way in connection with such temporary use, except that limited signage may be displayed to identify the business and any directions and conditions.
(b) The person so permitted to have the temporary use shall furnish a public liability and property damage insurance contract insuring the liability of such person, firm, association, organization or corporation for personal injury or death, and for damages to property, resulting from such temporary use, in such amounts as shall be determined by the city manager, which the city manager may waive. Unless waived by the city manager, the city shall be named as an additional insured in the insurance contract, with reasonable prior notification to the city in the event of cancellation or termination.
(c) The person so permitted to have the temporary use shall be liable for damages to persons or property arising out of or on account of such use.
(d) The specific location and the use approved for the temporarily closed right-of-way shall be described in the permit issued pursuant to this section.
(e) Temporary use of public rights-of-way, public ways, and public spaces for other than public purposes shall be limited to a period of no more than 120 days; however, when an application seeks such temporary use in connection with construction activities on property adjacent to the right-of-way, the city manager may authorize the temporary use under this section for a longer period of time.
(f) Any other applicable permit requirements imposed by the Commonwealth of Virginia or the city of Staunton.
(g) Such other reasonable conditions as are deemed necessary by the city manager to protect the public welfare, safety or convenience, as set forth in writing within an approved permit.
(2) Should a permittee fail, at any time, to comply with any conditions set forth within this section, or any applicable city rules, regulations, or conditions as the city manager may promulgate, then the city manager may revoke the permit. A single permit for multiple users may be revoked as to a single user.
(3) Application for a permit required pursuant to this section shall be made in writing to the city manager, unless the temporary use is initiated by the city or the application is waived by the city manager. A fee for the temporary occupancy of an on-street parking space, public sidewalk or city right-of-way or public way may be charged as provided in an uncodified ordinance adopted by the city council.
(4) The city manager is authorized to promulgate rules and regulations, including but not limited to reasonable time, place and manner restrictions, for and in connection with the temporary use of public rights-of-way and public ways as authorized by this section.
(5) The issuance of a permit pursuant to this section authorizing the use for a period longer than 10 days may be appealed to the city manager by a city resident or owner of a business located within the city in writing within five calendar days after issuance of the permit. The city manager shall render a final decision on such appeal within five days of receiving it, and the city manager’s decision shall be final and not be subject to any further administrative appeal(s) under this section or appeal to the city council. (Ord. 2020-10).