CHAPTER XVIII. STREETS, SIDEWALKS AND OTHER PUBLIC PLACESCHAPTER XVIII. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES\ARTICLE 1. GENERAL PROVISIONS

It shall be unlawful for any person to erect or cause to be erected upon any street, alley or public grounds any building, other structure, or obstruction whatever. This section shall not be construed to prevent the erection of the necessary scaffolding and fixtures used in the construction of buildings or improvements, as authorized in section 18-102.

(Code 1971, § 22-2)

(a)   Generally. It shall be unlawful for any person to erect upon any street any scaffolding or other structure except in front of the lots where a building is being erected or repaired; provided, however, that no such scaffolding or other structure shall in any case occupy more than one-third the width of the street, or one-half of the sidewalk, whichever is less. Should all work cease on such building for a period of two weeks, then such obstruction shall thereafter be considered unlawful, and each day’s violation shall be considered a separate offense.

(b)   Protection of public. It shall be unlawful for any person engaged in painting, repairing or doing any work on buildings so near the sidewalk that the work is done over the sidewalk, to fail to floor or otherwise equip the scaffolding in such manner as to protect persons on the sidewalk from paint or other things falling from such scaffolding.

(Code 1971, §§ 22-3, 22-4)

It shall be unlawful for any person to leave or allow to be left any implements, tools, boxes, merchandise, goods, trash, cans, crates, corn poppers, peanut roasters, ice cream containers, advertising, or showcases on any sidewalk or other public way longer than is necessary for loading or unloading the same. This section shall not apply to the display of merchandise on sidewalks by merchants on special days designated by resolution of the governing body.

(Code 1971, § 22-5)

It shall be unlawful for any person to walk upon, drive or ride over or across any street surfacing or sidewalk or uncompleted grading before the same has been opened for public travel.

(Code 1971, § 22-6)

(a)   It shall be unlawful for any person to change or remove any sidewalk adjoining public streets, easements, rights-of-way, alleys or other public property, whether for purposes of making a driveway entrance to private property, or otherwise, and no driveway on or across a public street, easement, right-of-way, alley or other public property shall be repaired or installed without first having written permission from the city. This subsection shall not apply when the work is done by the city employees, or under contract administered by the city.

(b)   Application for sidewalk removal or change permits shall be made on forms furnished by the city. No fee shall be charged for such permit.

(c)   A permit shall expire for work not started within 30 days or completed within ten days after any saw cut has been made, and a new permit shall be required before beginning or completing the work thereafter.

(d)   When a permit for removal or change is requested, all existing sidewalks covered by the permit application shall be removed completely. Removal shall be done by the applicant.

(e)   All work shall conform to specifications and to the rules and regulations established by the city, and to instructions issued pursuant thereto by the city manager or designee.

(f)   All work shall be subject to inspection by the city during construction and upon completion thereof. The city manager or designee shall be notified by the permittee before concrete is poured and/or surfacing is applied, and the permittee shall not proceed further with the work until being authorized by the city.

(g)   Sidewalk change or removal in the central business district (adjoining Sixth Street between Lincoln and State Streets and adjoining Washington Street between the alleys in Blocks 134 and 135 and the alleys in Blocks 148 and 149) shall conform to the following minimum requirements:

(1)   Concrete cuts shall be made along existing seams.

(2)   If any portion of any approximately five feet by five feet section of sidewalk is removed, the entire section shall be removed and replaced.

(3)   There shall be adequate backfilling, compaction or bridging, and all concrete shall be repoured to an appropriate thickness, all as provided by city specifications.

(4)   The provisions of subsections (g)(1) and (2) of this section may be waived by the city manager, in writing, in circumstances where such requirements cause unreasonable hardship to the adjoining landowner or are impractical or unreasonable based on reasonable engineering or construction requirements.

(h)   The permittee shall furnish suitable barricades with warning lights to adequately warn motorists and the public of the hazard when the sidewalk has been removed, in accordance with city specifications.

(i)    The permittee shall comply with such other terms and conditions as the city manager or designee deems necessary and proper to protect the city and the public from loss, injury or damage as a result of the cutting and removal of sidewalks.

(j)    The city shall furnish each permittee a complete drawing and specifications plan for sidewalk removal.

(Code 1971, § 22-7)

(a)   It shall be unlawful for any person to change or remove any curbing or guttering adjoining public streets, easements, rights-of-way, alleys or other public property, whether for purposes of making a driveway entrance to private property, or otherwise, and no driveway on or across a public street, easement, right-of-way, alley or other public property shall be repaired or installed without first having written permission from the city. This subsection shall not apply when the work is done by the city employees, or under contract administered by the city.

(b)   Application for curb cuts and driveway permits shall be made on forms furnished by the city. No fee shall be charged for such permit.

(c)   A permit shall expire for work not started within 30 days or completed within ten days after any saw cut has been made, and a new permit shall be required before beginning or completing the work thereafter.

(d)   When a permit for removal or change is requested, all existing curb and gutter covered by the permit application shall be removed completely, and any sawing of curb and gutter shall be done by the city at the expense of the permit applicant. Removal shall be done by the applicant.

(e)   All work shall conform to specifications and to the rules and regulations established by the city, and to instructions issued pursuant thereto by the city manager or designee.

(f)   All work shall be subject to inspection by the city during construction and upon completion thereof. The city manager or designee shall be notified by the permittee before the concrete is poured and/or the surfacing is applied, and the permittee shall not proceed further with the work until being authorized by the city.

(g)   Minimally, the permittee shall install to city specifications, where curb and gutter is removed, at the expense of the permittee, and within ten days after the curb and gutter shall have been cut, a concrete apron, four feet wide and six inches thick, for the width of the cut in the curb and gutter.

(h)   The permittee shall furnish suitable barricades with warning lights to adequately warn motorists and the public of the hazard when the curb and gutter has been removed, in accordance with city specifications.

(i)    The permittee shall comply with such other terms and conditions as the city manager or designee deems necessary or proper to protect the city and the public from loss, injury or damage as a result of the cutting and removal of the curb and gutter.

(j)    The city will furnish each permittee a complete drawing and specifications plan for curb and gutter removal.

(Code 1971, § 22-9)

It shall be unlawful for any person to remove, throw down, run over, or interfere with any flare or barricade erected by the city or by any contractor executing a municipal contract or by anyone else, placed to guard and protect any grading, paving, sidewalk construction, other work, or dangerous place.

(Code 1971, § 22-10)

Whenever any lot or piece of land abutting on any sidewalk in this city shall become or remain in such condition that earth or other substance therefrom shall wash or accumulate on such sidewalk, it shall be unlawful for the owner of such lot or piece of land to refuse or neglect to place the same in such a condition as to prevent such washing or accumulating on such sidewalk. Each day that such owner shall refuse or neglect to abate such condition after notice from the city clerk shall constitute a separate offense.

(Code 1971, § 22-11)

It shall be unlawful for any persons to wash automobiles, trucks or other vehicles in any street, or on their own property in such a manner as to allow the dirt, mud, oil or other accumulations therefrom to be washed onto the sidewalk adjoining the premises or into any street or alley, or into the storm or sanitary sewer system of the city.

(Code 1971, § 22-12)

Except as otherwise specifically provided by this chapter or other ordinance of the city, it shall be unlawful for any person to construct or maintain any wires, ropes, network or radio aerials in or across any street, avenue, alley or sidewalk; provided, however, that banners advertising and promoting events of community-wide significance in or across any street, avenue, alley or sidewalk may be permitted upon written application to and approval by the city manager. Such approval shall be given upon a showing that public safety will not be endangered.

(Code 1971, § 22-15)

It shall be unlawful for any person owning or occupying any building to cause pipes conducting water from the eaves to be so constructed or permit the same to be maintained so as to discharge or spread water on or over any sidewalk.

(Code 1971, § 22-19)

It shall be unlawful for any person to erect, install, operate or maintain any gasoline or oil pump or compressed air device for inflating pneumatic tires where it is necessary for the persons served by such device to stop their vehicles in the street while receiving such service, or where such device is located in or on public property. Every day that such device is kept or maintained shall be considered a separate offense.

(Code 1971, § 22-20)

It shall be unlawful for any person to leave open any cellar, cellar door, cellarway, hole or grating on any street, thoroughfare or sidewalk or to suffer any such cellar, cellar door, cellarway, hole or grating belonging to the premises occupied or owned by such person to be left open or to remain in an insecure or unsafe condition, whereby persons may be in danger of falling into such cellar, cellarway, hole or other place. All cellarways which are now or may hereafter be constructed in any sidewalk, without being covered, shall be protected by a good and substantial permanent iron railing, so as to prevent persons from walking or falling into the cellarways. It shall be unlawful to violate any part of this section or to fail, neglect or refuse to alter or amend any cellarway so as to conform to the requirements of this section, after being notified so to do by the city clerk.

(Code 1971, § 22-21)

It shall be unlawful for any person to throw, project or bat any ball, stone or other hard substance into, on or across any street, alley or sidewalk.

(Code 1971, § 22-23)

It shall be unlawful for the owner or the occupant of any lot abutting upon any sidewalk to fail to cause to be removed from such sidewalk all snow and ice within five hours from the time such snow has fallen or ice has accumulated; provided, however, that, if the snow falls or ice accumulates upon sidewalks in the nighttime, removal of the same must be made within five hours after sunrise on the following day.

(Code 1971, § 22-24)

It shall be unlawful for the owner of any property having a sidewalk adjacent thereto to permit any brick, stone or segment of such sidewalk to be raised above the established level of the sidewalk more than one-half of an inch, in any manner which might catch the feet of pedestrians, or to permit any hole or depression to occur in the sidewalk in which pedestrians might step or catch their feet in a manner likely to cause injury.

(Code 1971, § 22-25)