[Adopted as Ch. 22 of the 1949 Code]
[Amended 4-30-1984; 12-1-1986 by L.L. No. 1-1986]
When used in this Article, the following words
and terms shall have the meanings indicated, unless otherwise expressly
stated:
A semipermanent, rooflike cover of canvas or other flexible
fabric attached to the face of a building and completely supported
thereby.
The Department of Public Works of the City.
That portion of a street improved, designated, intended or
used for vehicular traffic.
That portion of a street outside of the roadway used or set
aside for the use of pedestrians.
The Superintendent of the Department.
No person owning or occupying any property fronting
upon or abutting any street shall fail to build, rebuild or keep in
repair any sidewalk in front of his said property when the Department
by written notice so directs, and the same shall be built, rebuilt
or repaired upon such established grade and of such materials and
size as the Department may direct.
[Added 4-1-1991]
When, in the opinion of the City Council of
the City of Watertown, it becomes necessary to construct/reconstruct
various street rights-of-way within the City of Watertown, such construction/reconstruction
of the street rights-of-way is deemed to include adjoining sidewalks
and/or locations where sidewalks would be located if actually constructed.
When new streets are constructed or when existing streets are reconstructed,
the following rules and regulations shall apply to construction/reconstruction
of sidewalks within the street right-of-way (ROW):
A.Â
The City Council shall have sole discretion as to
whether sidewalk construction and/or reconstruction is to be included
in the municipal construction/reconstruction contract of various street
rights-of-way or whether such sidewalk construction and/or reconstruction
is to be assessed against the adjoining property owner.
B.Â
New street construction. In instances where new streets
are constructed, the City Council shall judge whether the installation
of sidewalks shall be included in the project, or assessed against
the adjoining property owner, on a case-by-case basis. The City Council
may mandate the construction of such sidewalks if it deems that it
is warranted by pedestrian traffic. In the project presentation to
the City Council, sidewalk facilities shall be shown as a component
of the project for consideration by the City Council. With respect
to private developments, sidewalks shall be regulated by either site
plan or subdivision review.
C.Â
Street reconstruction projects.
(1)Â
Where existing street rights-of-way are being
reconstructed, the following considerations may be considered by the
City Council in determining whether the cost for sidewalk construction
and/or reconstruction shall be part of the project or assessed against
adjoining property owners: anticipated/actual physical damage to existing
sidewalks due to any of the following:
(a)Â
The construction or reconstruction of utilities
beneath the existing sidewalks requiring the removal of existing sidewalks.
(b)Â
The construction or reconstruction of structures
and/or utilities in close proximity to existing sidewalks (for example,
combination curb/sidewalks where curbing is to be replaced).
(2)Â
Additionally, the City Council may consider
the following factors in determining whether such construction and/or
reconstruction of sidewalks is included in the project; and such criteria
shall be presented to the City Council as part of the project presentation:
(a)Â
Horizontal and/or vertical realignment of the
sidewalk necessary to reclaim City margins or effect necessary improvements
to drainage.
(b)Â
Aesthetic considerations if, and only if, it constitutes a minor component of sidewalk replacement in conjunction with Subsection C(1) and (2)(a) above. As a rule, however, the existing sidewalk's physical condition (color, presence of cracks, etc.) shall not be a criterion for the scoping of its replacement as a component of the municipal project.
D.Â
The decision of the City Council as to whether sidewalk
construction and/or reconstruction is to be included as part of the
construction/reconstruction project of street rights-of-way or whether
it shall be assessed against the adjoining property owner shall be
final and conclusive. In the event that the costs are assessed against
the adjoining property owner, it shall be the obligation of said property
owner to bear the replacement costs of the construction and/or reconstruction
for a portion of the sidewalk which is on his property.
[1]
Editor's Note: Former § 265-15,
Ice and snow removal; § 265-15.1, Unshoveled sidewalks;
§ 265-15.2, Removal of ice; and § 265-16, Separate
violations; all added 3-5-1990, were repealed 2-6-1995.
No person shall hang or cause or permit to be
hung any gate or door so that the same shall swing over any sidewalk,
except doors opening from places of public entertainment or assembly.
[Amended 10-27-1969; 4-30-1984]
No person shall erect, hang or cause or permit
to be erected or hung any awning over any sidewalk unless the rigid
fixtures supporting the same are at least seven feet above the surface
of such sidewalk. A canvas or other flexible fabric valance may extend
no more than six inches below any rigid supporting fixture. Each and
every 24 hours that any person permits an awning to remain in violation
of this section, after written notice to remove the same has been
given to such person or his agent by the Chief of Police, shall be
deemed a separate and distinct violation of this section.
[Amended 10-9-1967; 6-17-2019]
A.Â
General
(1)Â
No person shall place any barrel, box, showcase, merchandise or other
material or article upon any sidewalk or street, except in front of
the premises occupied by such person and then only for such time as
is necessary to transport the same across the sidewalk or street.
Each and every day that any person permits any violation of this section
to continue after the City provides notice to remove the same shall
constitute a separate and distinct violation of this section.
(2)Â
Upon obtaining a license agreement from the City Manager's office,
an owner or occupant of a store may display for sale goods, wares
and merchandise adjoining the outer wall of such store and within
three feet thereof, provided that said owner or occupant maintains
five (5) feet of unobstructed corridor space for pedestrian traffic
to ensure a continuous pedestrian access route (PAR).
B.Â
Outdoor dining facilities.
No person shall conduct or cause or permit to
be conducted, from any building owned or controlled by him, any water
in such a way that the same shall flow upon or over any sidewalk.
No person shall erect, maintain or cause or permit to be erected or
maintained any eaves or other projections upon any such building unless
the same are fitted with troughs or gutters sufficient to prevent
water from flowing upon any sidewalk.
No person shall slide, coast or skate upon any
sidewalk in this City.
No person shall build, rebuild or repair any
sidewalk or part thereof without written permission therefor from
the Department and the City Engineer.
Any authorization or permit from the Department
required by this article may, at the designation of the Superintendent,
be issued by the City Engineer.
[Amended 1-28-1952]
No person shall permit shrubbery or bushes to
project over or encroach upon any sidewalk, nor shall any person permit
limbs or branches of any tree to encroach upon any sidewalk or to
hang below six feet six inches above the surface of such sidewalk.
Each and every 24 hours that any person permits any such projection
or encroachment to remain in violation of this section after written
notice to remove the same has been given to such person or his agent
by the Chief of Police shall be deemed a separate and distinct violation
of this section.
[Added 12-1-1986 by L.L. No. 1-1986]
Any person, firm or corporation violating any
provision of this article shall, upon conviction, be subject to a
fine of not less than $50 nor more than $250 or imprisonment for not
more than 15 days, or both. Each day of continued violation is a separate
and distinct offense.
