ARTICLE II. - STREETS AND OTHER PUBLIC WAYS
Part of the Code of Ordinances of Minersville, UT.
The text
DIVISION 1. - GENERALLY#
Secs. 18-19—18-39. - Reserved.#
DIVISION 2. - ADMINISTRATION#
Sec. 18-40. - Street department; superintendent of streets.#
(a)
There is hereby created a department of streets which shall have general supervision of streets, sidewalks, bridges, and other public ways.
(b)
The department shall be under the direction and control of the superintendent of streets.
(Code 1981, § 11-311)
Sec. 18-41. - Powers and duties of street department.#
The street 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 stormwater or 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.
(Code 1981, § 11-312)
Secs. 18-42—18-70. - Reserved.#
DIVISION 3. - CONSTRUCTION AND REPAIR OF STREETS AND SIDEWALKS#
Sec. 18-71. - Conformance to specifications.#
It shall be unlawful for any person either as owner, agent, servant, contractor, or employee to construct a street or sidewalk which does not conform to specifications established by the town engineer or other authorized representative of the town, unless special permission to deviate from such specification is first obtained from the town council.
(Code 1981, § 11-351)
Sec. 18-72. - Permit required for sidewalk construction; supervision.#
(a)
No person, either as owner, agent, servant, contractor, or employee, shall construct any permanent sidewalk without first obtaining from the clerk/recorder a permit so to do. The permit shall specify that the sidewalk be constructed of cement, the character and quality of the cement, the consistent parts of the mixture, and the thickness of the walk.
(b)
It shall be unlawful to construct a sidewalk in violation of the specifications given by a proper town official.
(c)
All sidewalks shall be constructed under the inspection of the superintendent of streets or his duly authorized representative.
(Code 1981, § 11-352)
Sec. 18-73. - Construction of driveways or changes of construction.#
It shall be unlawful for any person to construct a driveway across a sidewalk, or cut or change the construction of a sidewalk, curb, or gutter without first making written application and obtaining from the clerk/recorder a permit to do so. The acceptance of such permit shall be deemed an agreement on the part of such person to construct said driveway in accordance with specifications furnished by the town.
(Code 1981, § 11-353)
Secs. 18-74—18-104. - Reserved.#
DIVISION 4. - USE OF STREETS AND SIDEWALKS#
Sec. 18-105. - 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 town council 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 town council. Any such permit may be revoked by the town 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 town council, the public interest requires such revocation.
(Code 1981, § 11-354)
Sec. 18-106. - Placing or mixing sand or gravel on paved street or sidewalk.#
Unless a permit from the superintendent of streets 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 1981, § 11-355)
Sec. 18-107. - 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 town.
(Code 1981, § 11-356)
Sec. 18-108. - Irrigation ditches.#
All owners or occupants of lots in the town 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 1981, § 11-357)
Sec. 18-109. - Removal of sod or 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 superintendent of streets.
(Code 1981, § 11-358)
Secs. 18-110—18-131. - Reserved.#
DIVISION 5. - REGULATIONS#
Sec. 18-132. - Removal of snow.#
(a)
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 sidewalks shall be cleaned before 9:00 a.m. of the same day.
(b)
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 1981, § 11-361)
Sec. 18-133. - Placing trash or other obstruction in streets, gutters, 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, or the passage over and upon the same, or any part thereof, except as expressly authorized by this chapter, without the permission of the town 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 this chapter.
(Code 1981, § 11-362)
Sec. 18-134. - Openings in street.#
(a)
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.
(b)
It shall be unlawful to construct or maintain coal holes or other openings in streets or sidewalks, except with the special permission of the town council, and under the direction and supervision of the superintendent of streets.
(Code 1981, § 11-363)
Sec. 18-135. - 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 beyond the property line.
(Code 1981, § 11-364)
Sec. 18-136. - 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 1981, § 11-365)
Sec. 18-137. - Business to keep abutting 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 1981, § 11-367)
Sec. 18-138. - 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, street, or sidewalk beyond two feet from the front line of the lot, without first obtaining the written approval of the town 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 town 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.
(Code 1981, § 11-368)
Sec. 18-139. - 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 three hours.
(Code 1981, § 11-369)
Sec. 18-140. - Playing on sidewalks.#
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.
(Code 1981, § 11-370)
Sec. 18-141. - Congregating on sidewalks.#
It is an infraction for any person to congregate about or upon any sidewalk, 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 1981, § 11-371)