[5-10-2004 by Ord. No. 1226]
Any violation of this chapter shall be treated as a municipal civil infraction, unless otherwise provided in this chapter.
[Code 1975, § 29-1; Code 1992, § 25-1]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DEPARTMENT
The Department of Public Works.
DIRECTOR
The Public Works Director.
SIDEWALK
That portion of a street between the curblines or edge of the roadway and the right-of-way lines and includes lawn extensions and sidewalks and the area reserved therefor where the lawn extensions and sidewalks are not yet constructed.
STREET
All of the land lying between property lines on either side of all streets, alleys and boulevards in the City and includes lawn extensions and sidewalks and the area reserved therefor where the lawn extensions and sidewalks are not yet constructed.
[Code 1975, § 29-2; Code 1992, § 25-2]
The City Manager shall establish rules and regulations for this chapter and amendments thereto, subject to the approval of the City Council. Such rules and regulations shall define and control openings and excavations in the streets, curb cuts, street obstructions and the moving of houses and similar objects on or over the streets. The City Clerk shall at all times maintain and make available to the public an up-to-date and complete set of such rules and regulations and any amendments thereto. No person shall fail to comply with any such rules and regulations.
[Code 1975, § 29-3; Code 1992, § 25-3]
(a) 
Where permits are authorized or required in this chapter, they shall be obtained upon application to the Department, upon such forms as shall be prescribed, and there shall be a fee charged for each permit, except as otherwise provided by resolution of the City Council. Such a permit shall be revocable by the Public Works Director for failure to comply with this chapter, rules and regulations adopted pursuant to this chapter and the lawful orders of the Director or his or her duly authorized representative and shall be valid only for the period of time endorsed thereon. No such permit shall be issued to any applicant while he or she is in default on any charges assessed to him or her by the City under this chapter.
(b) 
No permit shall be granted under this chapter until the applicant pays all fees, deposits and/or posts bonds in the sum established by City Council resolution for such permits. The minimum cash deposit shall not be less than $500. All deposits shall be retained by the City for not less than 90 days and shall then be returned to the applicant, upon its release being approved by the Director, less any expense incurred by the City in safeguarding the opening or obstruction involved or restoring the street and less any loss or expense otherwise caused the City by reason of such opening or obstruction. If the required cash deposit exceeds $1,000, a corporate surety bond in a sum of not less than the value of the work may be posted in lieu of the cash deposit. The bond must be issued by a company authorized to do business in the state. Such bonds shall be conditioned upon prompt completion of the work permitted; observance of all pertinent laws and regulations of the City; repair of all damage done to the street surface and installations on, over or within such street, including trees; and to protect and save harmless the City from all damages or actions at law that may arise or may be brought on account of injury to persons or property resulting from the work or activity authorized by the permit. The Public Works Director may increase the required amount of the bond where, in his or her judgment, the proposed work or activity involves an abnormal risk of injury or damage.
[Code 1975, § 29-4; Code 1992, § 25-4]
No person shall place any article, thing or obstruction in any street, except under the conditions and in the manner permitted in this chapter. This section shall not be deemed to prohibit such temporary obstructions as may be incidental to the expeditious movement of articles and things to and from abutting premises nor to the lawful parking of vehicles within the part of the street reserved for vehicular traffic.
[Code 1975, § 29-5; Code 1992, § 25-5]
(a) 
Notwithstanding anything contained in this Code or other ordinances to the contrary, the Public Works Director shall have the discretionary power to issue temporary permits for the use of public sidewalks and public places when, in his or her opinion, the use for which the permit is sought bears a reasonable relationship to the general public interest and is not inconsistent with the health, morals and general safety of the public. He or she shall designate on such permits the following conditions:
(1) 
A description of the use for which the permit is granted.
(2) 
The hours of the day during which such permit shall be valid.
(3) 
The duration of such permit, setting forth the inclusive dates thereof.
(4) 
Whether or not temporary stands or structures may be used.
(5) 
If temporary stands or structures are permitted, the number and specifications thereof and location of the temporary stands or structures, provided at least six feet of sidewalk space shall be kept free and clear at all times for the free passage of pedestrians.
(6) 
That such permit is subject to revocation, with or without cause, at any time prior to the last inclusive date designated thereon.
(b) 
No permit shall be granted under this section to anyone who is in default to the City.
(c) 
As a condition of the issuance of a permit under this section, the applicant therefor shall at all times observe the laws and regulations of the City, shall adhere to all conditions designated on the permit, and shall be deemed to have agreed to and shall be bound to protect and save harmless the City from all damages or actions at law that may arise or be brought on account of injury to persons or property resulting from any activity in connection with such permit.
(d) 
As a further condition of the issuance of a permit under this section, the Director may require the applicant to file, with the City Clerk, a corporate surety bond issued by a company authorized to do business in the state, the amount of which shall be in reasonable proportion to the proposed use. Such bond shall be conditioned upon the observance by the applicant of all pertinent laws and regulations of the City, repair of any damage occasioned to City property and to protect and save harmless the City from all damages or actions at law that may arise or may be brought on account of injury to persons or property resulting from any activity in connection with such permit.
[Code 1975, § 29-6; Code 1992, § 25-6; 4-28-2008 by Ord. No. 1291]
No person shall operate or maintain any stand, vehicle, store or place of business in such a manner that the customers or traders with such person occupy or congregate within the limits of any street, lane, highway or public place within the City. No person shall be permitted to use the streets, alleys, lanes or public places of the City for the service of customers or for the transaction of business or to use any stands, stores or other places of business in any manner that shall require the customer, when transacting such business, to stand within the limits of the streets, highways, alleys or public places of the City, except as otherwise specifically provided in this Code.
[Code 1975, § 29-7; Code 1992, § 25-7; 4-28-2008 by Ord. No. 1291]
(a) 
It shall be unlawful for any person to use any street, sidewalk or other public place as a space for the display of goods, products or merchandise for sale or for the selling or storage of goods, products or merchandise without having first obtained a permit from the Public Works Director, unless they are a licensed peddler/solicitor as provided in this Code.
(b) 
No street, sidewalk or other public place shall be blocked by any merchandise, products or goods on display, stored or offered for sale under a permit issued pursuant to this Code. A six-foot passageway for pedestrians shall be left open, and merchandise, products and goods shall be securely and adequately placed so as to not endanger passersby or fall or extrude into any street or alley. Such sales and storage or display shall not be operated in any manner which shall cause a nuisance or create a fire hazard.
[1]
Editor's Note: See also Ch. 12, Art. X, Peddlers/Solicitors, Transient Merchants or Vendors.
[Code 1975, § 29-8; Code 1992, § 25-8]
No person shall occupy any street with any materials or machinery incidental to the construction, demolition or repair of any building adjacent to such street or for any other purpose; provided, however, a permit may be issued pursuant to § 42-4 authorizing the occupancy of sidewalks with such materials or machinery, upon the filing of a bond. If such a permit is issued, at least six feet of sidewalk space shall be kept clean and clear for the free passage of pedestrians, and if the building operations are such that such free passageway is impracticable, a temporary plank sidewalk, with substantial railings or sidewalk shelter built in accordance with the building code, shall be provided around such obstruction.
[1]
Editor's Note: See also Ch. 10, Buildings and Building Regulations.
[Code 1975, § 29-9; Code 1992, § 25-9]
Utilities may be placed in such streets as the Public Works Director shall prescribe, and the utilities shall be located thereon in accordance with the directions of the Public Works Director. Such utilities shall be removed or relocated as the Public Works Director shall from time to time direct.
[1]
Editor's Note: See also Ch. 48, Utilities.
[Code 1975, § 29-10; Code 1992, § 25-10]
(a) 
Whenever the City Council shall determine, by resolution, to pave or resurface any street, the Public Works Director shall, not less than 30 days prior to commencement of construction, serve notice upon all public utilities, requiring them to install all necessary underground work.
(b) 
When such paving or resurfacing shall have been ordered or declared necessary by resolution of the City Council, such sewer and water connections as are necessary shall be installed in advance of such paving or resurfacing, and the cost thereof shall be charged against the premises adjacent thereto or to be served thereby and against the owner of such premises. Where such paving or resurfacing is financed in whole or in part by special assessment, the cost of such sewer and water connections may be made chargeable against the premises served or adjacent thereto, as a part of the special assessment for such paving or resurfacing. Where such paving or resurfacing is financed otherwise than by special assessment, the cost of the sewer and water connections so installed shall be a lien on the premises adjacent thereto or to be served thereby and shall be collected as provided for assessments on single lots.
(c) 
The necessity for such sewer and water connections shall be determined by the Public Works Director, which determination shall be based upon the the following:
(1) 
The size, shape and area of each abutting lot or parcel of land;
(2) 
The lawful use of such land under the zoning regulations of the City;
(3) 
The character of the locality; and
(4) 
The probable future development of each abutting lot or parcel of land.
The Public Works Director shall give written notice of the intention to install such sewer and water connections and to charge the cost of the installation to the premises, to each owner of land abutting the street, to be furnished with such connections, as shown by the records of the City Assessor in accordance with § 42-10. Any owner objecting to the installation of any such sewer or water connection shall file his or her objections in writing within seven days after service of such notice with the Public Works Director who shall, after considering each such objection made in writing, make a final determination of the sewer and water connections to be installed.
[Code 1975, § 29-11; Code 1992, § 25-11]
No utilities or street or railroad sign or signal or other public improvement or installation shall be moved or altered by the holder of any permit issued under this chapter, unless the permit shall specifically authorize such alteration or movement. No permit to move or alter any street or railroad sign or signal shall be granted without the prior approval of the Director of Public Safety.
[Code 1975, § 29-12; Code 1992, § 25-12]
Notwithstanding any other section of this Code or other City ordinance to the contrary, the City Council may, by contract, for public convenience and necessity, authorize the installation of outdoor commercial telephone booths on that portion of a street located between the property lot lines and the curb within City-owned rights-of-way.
[Code 1975, § 29-13; Code 1992, § 25-13]
No person shall play any ball game in any public street or sidewalk or otherwise obstruct traffic on any street or sidewalk by collecting in groups thereon, for any purpose.
[Code 1975, § 29-14; Code 1992, § 25-14]
No person shall move, transport or convey any building or other similar bulky or heavy object upon any street, without first obtaining a permit and filing a bond in such sum as shall be fixed by the Public Works Director, the amount of such bond to be commensurate with the risk of damage or injury involved. Such permit shall designate the route to be followed and the time within which the movement shall be completed, and any necessary repairs to any street or installation upon, in or over any street and trees resulting from the movement done under such permit shall be completed. No permittee shall fail to comply with the conditions specified on the permit nor fail to obey any order of the director given in connection with the movement of any such building. No person shall fail to promptly restore any such damage done by him or her under such permit, to the satisfaction of the Director.
[Code 1975, § 29-15; Code 1992, § 25-15]
Every owner and every person in control of any estate maintaining a sidewalk vault, coalhole, manhole or any other excavation or any post, pole, sign, awning, wire, pipe, conduit or other structure in, under, over or upon any street which is adjacent to or a part of his or her estate shall do so only on condition that such maintenance shall be considered as an agreement on his or her part with the City to keep such and the covers thereof and any gas and electric boxes and tubes thereon in good repair and condition at all times during his or her ownership or control thereof and to indemnify and save harmless the City against all damages or actions at law that may arise from or be brought by reason of such excavation or structure being under, over, in or upon the street or being unfastened, out of repair or defective during such ownership or control.
[Code 1975, § 29-16; Code 1992, § 25-16]
(a) 
The occupant of every lot or premises adjoining any street or the owner of such lot or premises, if the premises are not occupied, shall clear all ice and snow from sidewalks adjoining such lot or premises within the time required in this section. When any snow or ice shall cease to fall during the daylight hours, such snow or ice shall be cleared from the sidewalks within 12 hours after such cessation. When a fall of snow or ice shall have ceased during the nighttime, it shall be cleared from the sidewalks by 6:00 p.m. of the day following.
(b) 
If any occupant or owner shall neglect or fail to clear ice or snow from the sidewalk adjoining his or her premises within the time limit or shall otherwise permit ice or snow to accumulate on such sidewalk, he or she shall be guilty of a violation of this section, and in addition the Public Works Director may cause the ice or snow to be cleared. The expense of removal shall become a debt to the City from the occupant or owner of such premises and shall be collected as any other debt to the City.
[Code 1975, § 29-17; Code 1992, § 25-17]
(a) 
No person shall make any excavation or opening in or under any street without first obtaining a written permit from the Public Works Director and furnishing a bond pursuant to § 42-4. The Public Works Director may, if the public safety requires immediate action, grant permission to make a necessary street opening in an emergency, provided that a permit shall be obtained on the following business day and the applicable sections of this chapter shall be complied with.
(b) 
No permit to make any opening or excavation in or under a paved street shall be granted to any person within a period of three years after the completion of any paving or resurfacing thereof. If a street opening is necessary as a public safety measure, the Public Works Director may suspend the operation of this subsection, as to such street opening.
(c) 
All openings and excavations made pursuant to this section shall be properly and substantially sheeted and braced as a safeguard to workmen and to prevent cave-ins or washouts which would tend to injure the thoroughfare or subsurface structure of the street.
[Code 1975, § 29-18; Code 1992, § 25-18]
(a) 
No opening in or through any curb of any street shall be made without first obtaining a written permit from the Public Works Director. Curb cuts and sidewalk driveway crossings to provide access to private property shall comply with the following:
(1) 
No single residential curb cut shall exceed 26 feet nor be less than 12 feet.
(2) 
No single nonresidential curb cut shall exceed 40 feet nor be less than 12 feet.
(3) 
The minimum distance between any curb cut and a public crosswalk, utility pole or fire hydrant shall be five feet.
(4) 
The minimum distance between curb cuts, except those serving residential property, shall be 25 feet.
(5) 
The maximum number of linear feet of sidewalk driveway crossing permitted for any lot, parcel of land, business or enterprise shall be 45% of the total abutting street frontage, up to and including 200 linear feet of street frontage, plus 20% of the linear feet of street frontage in excess of 200 feet.
(6) 
Any necessary authorized adjustments to utility poles, light standards, fire hydrants, catchbasins, street or railway signs or signals, or other public improvements or installations shall be accomplished without cost to the City.
(7) 
All construction shall be in accordance with plans and specifications approved by the Public Works Director.
(b) 
Exception to the requirements in Subsection (a) of this section may be granted after field inspection by the Public Works Director and the Director of Public Safety, upon written approval given by both the Public Works Director and Director of Public Safety.
[Code 1975, § 29-19; Code 1992, § 25-19]
All street openings, excavations and obstructions authorized by this chapter shall be properly and substantially barricaded and railed off and at night shall be provided with approved warning lights. Warning lights perpendicular to the flow of traffic shall not be more than three feet apart and parallel to the flow of traffic not over 15 feet apart.
[Code 1975, § 29-20; Code 1992, § 25-20]
Encroachments and obstructions in the street may be removed and excavations refilled and the expense of such removal or refilling charged to the abutting landowner when made or permitted by him or her or suffered to remain by him or her, otherwise than in accordance with the terms and conditions of this chapter. The procedure for collection of such expenses shall be as prescribed in this Code for single lot assessments, upon not less than seven days' notice to such landowner in accordance with § 2-768.
[Code 1975, § 29-21; Code 1992, § 25-21]
The Public Works Director shall have authority to temporarily close any street or portion thereof when he or she shall deem such street to be unsafe or temporarily unsuitable for use for any reason. He or she shall cause suitable barriers and signs to be erected on the street indicating that the street is closed to public travel. When any street or portion thereof shall have been closed to public travel, no person shall drive any vehicle upon or over such street or park the vehicle thereon, except as may be necessary incidental to any work being done in the area closed to public travel. No person shall move or interfere with any sign or barrier erected pursuant to this section without authority from the Public Works Director.
[Code 1975, § 29-22; Code 1992, § 25-22]
The Krafft Road public right-of-way lying between the westerly water edge of Lake Huron and a point 292 feet east of the east line of Gratiot Avenue shall be closed to the public from 9:00 p.m. to 7:00 a.m. daily, during which time it shall be unlawful for any person, other than authorized personnel, to be present in such area. Such area and prohibition shall be posted in a conspicuous place.
[Code 1975, § 29-23; Code 1992, § 25-23; 4-26-1994 by Ord. No. 1058]
The Holland Avenue public right-of-way lying between the westerly water edge of Lake Huron and the east right-of-way line of Conger Street shall be closed to the public from 10:00 p.m. to 7:00 a.m. daily, during which time it shall be unlawful for any person, other than authorized personnel, to be present in such area. Such area and prohibition shall be posted in a conspicuous place.
[Code 1975, § 29-24; Code 1992, § 25-24]
The Ballentine Street public right-of-way lying between the westerly edge of Lake Huron and the east right-of-way line of Conger Street shall be closed to the public from 9:00 p.m. to 7:00 a.m. daily, during which time it shall be unlawful for any person, other than authorized personnel, to be present in such area. Such area and prohibition shall be posted in a conspicuous place.