CHAPTER 1: - STREETS, SIDEWALKS AND PUBLIC WAYS

7-1-1: - Department of streets#

A.

Creation: There is hereby created a department of streets, which shall have general supervision of streets, sidewalks, bridges and other public ways.

B.

Superintendent: The department shall be under the direction and control of the superintendent of streets.

C.

Powers and Duties: The department shall:

1.

Have charge of the construction, maintenance and repair of streets, sidewalks, bridges, curbs, gutters, culverts, drains, waterways and other public ways. It shall have control of all waters flowing on the streets, sidewalks and public ways, whether originating from storm, flood, drainage or irrigation waters.

2.

Keep a record of and promptly investigate all complaints of defective streets, culverts, drains, ditches, sidewalks and other public ways and, when proper, repair, replace or take such action as deemed best, and shall record the action taken on each complaint.

3.

Enforce the provisions of this chapter and all other ordinances relating to the maintenance and use of streets, culverts, drains, ditches, waterways, curbs, gutters, sidewalks and other public ways.

4.

Repair, or cause to be repaired, all defects coming to the department's attention and take reasonable precautions to protect the public from injuries due to such defects pending their repair.

(Adopted by Ord. 1976 Code §§ 11-311, 11-312 on 1/1/1976)

7-1-2: - Removal of snow#

A.

Failure to Remove Unlawful: 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 five o'clock (5:00) P.M. and six o'clock (6:00) A.M., such sidewalks shall be cleaned before nine o'clock (9:00) A.M. of the same day.

B.

Depositing in Gutter Unlawful: 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.

(Adopted by Ord. 1976 Code § 11-361 on 1/1/1976)

7-1-3: - Obstructions in streets#

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: A.

Refuse: Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, ashes, tin cans or other like substances.

B.

Building Materials: 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, or the passage over and upon the same, or any part thereof, except as expressly authorized by ordinance, without the permission of the city council first had and obtained.

C.

Permanent or Temporary Structures: 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 ordinances.

(Adopted by Ord. 1976 Code § 11-362 on 1/1/1976)

7-1-4: - Openings in streets; doors obstructing#

A.

Cellars: 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 twenty-four (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.

B.

Coal Holes: 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.

C.

Doors: It shall be unlawful for any person 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 (2') over or upon the sidewalk beyond the property line.

(Adopted by Ord. 1976 Code §§ 11-363, 11-364 on 1/1/1976)

7-1-5: - Discharge of water#

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.

(Adopted by Ord. 1976 Code § 11-365 on 1/1/1976)

7-1-6: - Sidewalk regulations#

A.

Driving or Parking: 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. This section pertains to riding a horse on city sidewalks except across a sidewalk at established crossings. This section does not pertain to snow removal of sidewalks with a motorized vehicle by private citizens or the City. This section does not pertain to electric powered kids' riding toys including electric scooters and hoverboard. Violation of this section is an infraction and subject to penalty as follows: first violation shall be $25 fine; second violation shall be $50 fine; third violation shall be $75.00 fine; fourth violation shall be $100 fine; and further violations shall be fined in $25 increments thereafter.

B.

Businesses to Keep 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 nine o'clock (9:00) A.M.

C.

Placing Goods 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, street or sidewalk beyond two feet (2') from the front line of the lot, 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 forty-eight (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 (6') passageway for pedestrians.

D.

Placing Goods 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 six foot (6') 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 four (4) hours.

E.

Playing: Every person who obstructs the sidewalk or street by playing any game or engaging in any activity which obstructs the free travel thereon is guilty of an infraction and subject to penalty as provided in section 1-4-1 of this code.

F.

Congregating: It is an infraction and subject to penalty as provided in section 1-4-1 of this code for any person 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.

(Adopted by Ord. 1976 Code §§ 11-366, 11-367, 11-368, 11-369, 11-370, 11-371 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001; Amended by Ord. 2017-02 on 6/14/2017)

7-1-7: - Animals on streets#

A.

Permit Required: Every person who drives any herd of sheep or band of horses, cattle or other animals upon any public street or highway without first obtaining a permit from the city's law enforcement agency so to do is guilty of an infraction and subject to penalty as provided in section 1-4-1 of this code.

B.

Permission Required: No person shall drive livestock through the city upon streets not designated for that purpose, except upon permission and according to the direction of the city's law enforcement agency.

(Adopted by Ord. 1976 Code § 11-331 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)