[R. O. 1947, ch. 24, § 1; Ord.
No. 1092, § I, 11-25-2014]
The several streets in the City shall continue to be called
and known by the names by which they are now called and known, until
the same shall be altered by the City Council. The City council shall
give names to all streets hereafter laid out and may change the name
of a street at any time. It shall be the duty of the Commissioner
of Public Services to cause suitable signs, setting forth the name
of the streets, lane, alley or court, to be placed and maintained
on or near the corners of streets, lanes, alleys or courts in such
style and in such number as he shall deem necessary and convenient.
Such Commissioner shall keep in his office an index or other
system of records, alphabetically arranged, of all street, ways or
sidewalks in the City which have been, or may be in the future, laid
out and accepted, showing the respective dates of laying out and acceptance,
and the respective widths thereof and alterations made from time to
time.
[1]
Editor's Note: Former § 20-1.1, added 7-1-1977 by
Ord. No. 287, § 1, pertaining to tree planting, was repealed
3-14-1978 by Ord. No. 304, § 1.
[Ord. No. 290,[1] § 1, 8-19-1977]
In all surface parking areas which abut upon a public way, wheel
stops or curbs with a minimum four-inch relief shall be provided in
such locations so as to prevent any vehicle using the said parking
area from encroaching upon the said public way.
[R. O. 1947, ch. 24, § 2; Ord. No. 506, § 3, 4-10-1985]
It shall be the duty of the Commissioner of Public Utilities
to assign numbers to all dwelling houses or other buildings now standing
or hereafter to be erected and fronting on any street, lane, alley
or public court within the City. When any such structure shall hereafter
be erected, the Inspector of Buildings shall forthwith notify the
Commissioner of Public Utilities thereof, who shall thereupon notify
in writing the owner or occupant thereof of the number assigned thereto.
[R. O. 1947, ch. 24, § 3; Ord. No. 506, § 3, 4-10-1985]
The numbers referred to in section 20-2 shall, in the business portion of the city, each cover a frontage of 10 feet more or less; in the residence portions of the city, a frontage of 25 feet more or less at the discretion of the commissioner of public utilities and measurement for such assignment of numbers shall be made continuously from end to end of the street, lane, alley or court. The odd numbers shall be on the left hand side of the street as one goes from the principal street from which it opens, and the even numbers similarly on the right hand side of the street. The commissioner of public utilities may order any street already numbered to be renumbered whenever he deems it necessary.
[R. O. 1947, ch. 24, § 4; Ord. No. 506, § 3, 4-10-1985; Ord. No. 553, § 1, 9-29-1986]
Every owner or occupant of any dwelling house or other building or part of a building, situated as set out in section 20-3, shall place and maintain, in contrasting color, on or over the door or outermost portion thereof, facing such street such number or numbers as may be assigned thereto by the commissioner of public utilities under any of the provisions of this article, and such numbers shall be at least four inches in height and shall be placed so as to be easily observed from the street in front of the premises. When the dwelling house or other building is situated at a distance of more than 75 feet from the street line the number or numbers shall be posted in a manner near the street so as to be visible or placed on the roadside mailbox so as to be observed from either direction on the street.
[1]
Editor's Note: Ord. No. 674, § 15, approved 5-29-1991, repealed § 20-5 pertaining to penalty for failure to comply with sections 20-2 to 20-4. Sec. 20-5 was derived from R.O. 1947, ch. 24, § 5; and Ord. No. 506, § 3, approved 4-10-1985. Such section has been reserved to preserve numerical sequence of section designations. The user's attention is directed to § 20-91.
[R. O. 1947, ch. 24, § 6; Ord. No. 132, § 2; Ord. No. 556, § 1, 9-29-1986; Ord. No. 1092, § II, 11-25-2014; Ord. No. 1158, § I, 9-29-2015]
No person shall break or dig up the ground or pavement in any
public street, or any sidewalk or common in the city, or erect any
staging for building thereon, or place any materials or rubbish thereon,
without first obtaining from the Commissioner of Public Services a
written permit which shall state the space in the street or other
public place that may be occupied and the time allowed for such occupancy
and such other provisions as such commissioner may deem best, and
also without first filing with the city clerk a written agreement
under seal, approved by the city solicitor, to comply strictly with
the terms of such permit, indemnify the city against all loss, cost
or expense that it may suffer by reason of such occupancy and evidence
of liability insurance in the amount of $100,000 per occurrence and
$300,000 aggregate in which the city is named as an additional insured.
The Commissioner of Public Services shall require the applicant for
a permit under this section to file a bond, in an amount sufficient
to return the street, lane, alley, sidewalk or public place to its
previous condition, and with such sureties as may be satisfactory
to him, and in a form approved by the city solicitor, conditioned
upon full compliance with all terms, provisions, conditions and requirements
of such permit and upon the keeping, maintaining and restoring of
such street, lane, alley, sidewalk or public place covered by such
permit in the manner and condition required by this chapter. This
section shall not apply to the city or any of its officers.
[R. O. 1947, ch. 24, § 7; Ord.
No. 1092, § III, 11-25-2014]
Whenever any street, lane, alley or sidewalk or other public
place of the city shall, under any license granted as provided in
the preceding section, be dug up, encumbered or otherwise obstructed
or rendered unsafe or inconvenient for travel, the person so licensed
shall place, and at all times maintain, a suitable railing or fence
around the section of the street, lane, alley or other public place
so obstructed so long as the same shall be or remain unsafe or inconvenient
as aforesaid, and shall also keep one or more lighted lanterns fixed
to such railing or fence, or fixed in some other proper manner, through
the whole of every night so long as such railing or fence shall be
kept standing or such obstruction shall continue. Such licensee shall
also, within such reasonable time as the Commissioner of Public Services
shall direct, mend and repair such street, lane, alley, sidewalk or
public place to the approval of such commissioner.
No permit to erect a building on any private way or street hereafter
laid out shall be granted, nor shall any water or sewer pipe be laid
by the city in any private way or street hereafter laid out, until
plans and profiles of such way or street have been filed with and
approved by the Commissioner of Public Services; except, however,
that the inspector of buildings may issue a permit to erect a building
on such private way or street; provided, that the owner of the land
upon which such building is to be erected shall sign a waiver of the
damage, releasing the city from all claims and liabilities of every
name and nature, and especially from any future claims for damages
for the changing of the grade of the street or way upon which such
building is located.
[R. O. 1947, ch. 24, § 8; Ord.
No. 1092, § IV, 11-25-2014]
The Commissioner of Public Services, the chief of the fire department
and the chief of police shall be notified in writing when any street
is closed by a contractor, the Commissioner of Public Services or
other person, or when a ditch is opened or construction work of any
kind is begun on any street, way, lane or alley. The aforesaid notice
shall be given by the person doing such work, closing such street,
way, lane or alley, or opening such ditch, or by his agent or the
person responsible therefor.
[R. O. 1947, ch. 24, § 9; Ord.
No. 1092, § V, 11-25-2014]
Except as otherwise expressly provided in chapter 3 no person shall suspend or display, or cause to be suspended or displayed, any flag, banner, pennant or other thing of like nature or any article of merchandise, over any part of any street or sidewalk without written permission from the Commissioner of Public Services, which permission shall be revocable; nor unless the same be safely and securely fastened and so located as in no wise to incommode travelers, the lowest part thereof to be at least seven feet above the sidewalk. No sign, article of merchandise or other thing displayed or maintained on any street or sidewalk shall project more than two feet from the inner edge or line of the sidewalk. Any person having such written permission shall conform to all directions of, and conditions imposed by the Commissioner of Public Services in relation to the location, extent, materials, construction and maintenance of the object permitted to be suspended or displayed.
The Commissioner of Public Services may, however, grant permits,
which shall be revocable at his discretion, for the placing of stepping
stones, racks for bicycles, hitching posts, goods, wares and merchandise
while being received in original packages or while being packed for
delivery after actual sale thereof, and receptacles for flagpoles
near the outer edge of the sidewalk; provided, however, that such
commissioner may prescribe reasonable restrictions and regulations
as to the construction of such stepping stones, racks for bicycles,
hitching posts and receptacles for flagpoles, and also as to the size
and location of all articles mentioned in this section and placed
or displayed as aforesaid.
[R. O. 1947, ch. 24, § 13]
No person shall play or perform on any musical instrument in
any street or public place within the city between the hours of 9:30
p.m. and 6:00 a.m. or on Sundays, except upon the written permit of
the chief of police or other officer in charge of the police department.
The words "musical instrument" shall be construed to include a drum.
[R. O. 1947, ch. 24, § 14]
No person shall allow his firewood, coal or other fuel to remain
unnecessarily on any sidewalk or any street, lane or alley in the
principally inhabited parts of the city overnight or after dark in
the event; and in case it must, of necessity, so remain after dark
or through the night, the owner shall place and keep a sufficient
light over or near the sane to prevent injury therefrom.
[R. O. 1947, ch. 24, § 15]
No person shall permit any cattle or any other horned or hoofed
animals belonging to him or under his control to go at large or to
pasture in any street, lane, alley or any common in the city.
[R. O. 1947, ch. 24, § 16]
No person shall slide or coast down, across, in or along any
of the sidewalks or streets of the city except in such places and
under such restrictions as the City Council shall designate and direct.
[R. O. 1947, ch. 24, § 17; Ord.
No. 1092, § VI, 11-25-2014]
No person shall move a building within, into, through or across
any public way, or any street or way within a subdivision as that
word is used in the statutes referring to municipal planning, without
a written permit from the Commissioner of Public Services, to be granted,
if such permit is consistent with public safety and convenience, upon
such reasonable terms as, in his opinion, public safety and convenience
may require. Such Commissioner, upon the granting of such permit,
shall immediately, in writing, notify the City Clerk thereof and of
its terms.
[R. O. 1947, ch. 24, § 18; Ord. No. 19, 5-25-1967, § 1]
No person shall throw or place, or cause to be thrown or placed,
any snow or ice on or into any traveled way of any street, lane or
alley in the city.
[Ord. No. 860,
§ I, 10-26-1999; Ord. No. 1078, § I, 2-11-2014]
(a)
Definition. For purposes of this section, "sidewalk cafe" means any
area situated on a public sidewalk or other portion of the public
right-of-way (hereinafter referred to as a "public access area") where
a portion of the public access area has been designated for the sale
of food, refreshments, beverages and/or alcoholic beverages at three
or more tables or in such other configuration providing for the serving
of 10 or more people adjacent to and in association with a legally
permitted business (hereinafter referred to as the "operating establishment").
Sidewalk cafes shall operate pursuant to this section.
(b)
Application requirements.
(1)
Applications for a sidewalk cafe license shall be made to the
Licensing Board in a format and with the number of copies established
by the Licensing Board for that purpose. Applicants that serve alcoholic
beverages must appear before the Licensing Board, regardless of the
intent to service alcoholic beverages within the sidewalk cafe area.
Applicants that do not serve alcoholic beverages only require administrative
approval from the Department of Public Services, Department of Community
Development, Health Department, Building Commissioner, Police Department,
and Fire Department (hereinafter referred to as "interested City departments")
and do not need to appear before the Licensing Board.
[Ord. No. 1158, § II, 9-29-2015]
(2)
If the applicant serves alcoholic beverages, the application
shall include a copy of the current alcohol license for review and
approval in accordance with the rules and regulations governing an
application for "alteration of licensed premises" and any other applicable
requirements of the Alcoholic Beverages Control Commission (ABCC),
which may include requiring the applicant to submit additional application
materials and/or forms.
(3)
Applications shall be accompanied by a copy of the current permit
to operate a food establishment issued by the City of Pittsfield Board
of Health.
(4)
If the applicant does not own the building in which the operating
establishment is located, the application must be signed by both the
building owner and the owner of the operating establishment.
(5)
An application for a sidewalk cafe proposed to be located within
a City right-of-way must also complete and submit a permit application
for the right to use the City right-of-way, available from the Department
of Public Services.
(6)
The application shall be accompanied by a site plan drawn to
a scale of not more than 20 feet to one inch showing the entire public
access area, including the area from the building facade to the curbline,
and illustrating the area intended to be used as a sidewalk cafe,
its dimensions, the intended layout of tables and chairs, the proposed
location of barrier(s), and the sidewalk cafe's spatial relation to
the entrance to the operating establishment. The site plan shall also
show the dimension of the remaining public access area demonstrating
that this area meets the requirements of this section. The site plan
shall include a rendering of the barrier(s) that will be used to separate
the sidewalk cafe from the remaining public access area.
(7)
The Licensing Board shall transmit the application to the interested
City departments for review and approval. Interested City departments
shall have 14 days to review the application and provide comments
to the Licensing Board, suggest additional conditions and/or changes
to the proposed site plan, and/or sign off on the application.
(8)
Once approved, the Licensing Board shall provide copies of the
approved license to the Police Department, Department of Public Services,
Fire Department, and Building Commissioner.
(9)
An application for renewal of a sidewalk cafe license shall
be made to the Licensing Board. If no complaints have been made to
the Licensing Board, renewal will be allowed as an administrative
process requiring the sign-off from each interested City department.
(c)
Dimensional and location standards.
(1)
Pedestrian and vehicular traffic shall not be impeded or obstructed
by the sidewalk cafe.
(2)
No part of a sidewalk cafe shall encroach upon any part of the
public access area fronting on any adjacent premises unless the application
includes documentation of written approval from the owner(s) of the
adjacent premises and building owner.
(3)
An unobstructed public access area shall be maintained along
the length of the sidewalk cafe, the width of which shall not be less
than the greater of five feet or that required by the Massachusetts
Architectural Access Board (MAAB) and the Americans with Disabilities
Act (ADA)[1] or their successors. This distance shall be measured from
the outermost edge of the sidewalk cafe barrier to the inside edge
of the curb or the closest obstacle (e.g., trash receptacle, light
pole, bicycle rack, fire hydrant, newspaper box, etc.), whichever
is more restrictive.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(4)
The layout of tables and chairs within the sidewalk cafe shall
meet the minimum requirements of the Massachusetts Architectural Access
Board (MAAB) or the Americans with Disabilities Act (ADA), whichever
is greater.
(5)
Tables and chairs in the sidewalk cafe must be placed so that
there is at least one foot of setback from any adjacent building.
There must also be one foot of clearance between table and chairs
and any exterior doorways.
(6)
The holder of a sidewalk cafe license shall provide and maintain
movable barriers which shall be no higher than four feet in height,
approved as to size and style as part of the application approval
process, to separate the sidewalk cafe area from the unobstructed
remaining area of the public access area.
(7)
The layout of the sidewalk cafe and barrier(s) shall be placed
in such a manner so as not to impede pedestrian access to the operating
establishment while ensuring control of access and providing visual
oversight of the sidewalk cafe by the operating establishment.
(d)
Operational requirements.
(1)
Sidewalk cafes shall close no later than 11:00 p.m.
(2)
No operating establishment shall sell, serve or allow consumption
of alcoholic beverages on its sidewalk cafe without obtaining the
required approval and license from the Licensing Board and Alcoholic
Beverages Control Board. Notwithstanding any contrary or different
hours of operations in its alcoholic beverages license, the operating
establishment shall not sell, serve or allow consumption of alcoholic
beverages on its sidewalk cafe after the aforementioned closing time.
(3)
The following are prohibited in the sidewalk cafe area: cooking
of food, unshielded trash or refuse storage, advertisements (exclusive
of menus intended to be read on the premises of the cafe) and outdoor
entertainment unless allowed as a result of a separate entertainment
license.
(4)
Sidewalk cafes shall comply with all applicable building, health,
safety, fire, zoning and environmental standards. The seating provided
in a sidewalk cafe shall be considered temporary and shall not be
counted toward City requirements such as off-street parking.
(e)
Waivers. Except for the requirements of the MAAB, ADA, Licensing
Board, and ABCC, other requirements of this article may be waived
by the Licensing Board if deemed to be in the best interest of the
City to do so.
(f)
Insurance requirements.
(1)
The holder of a sidewalk cafe license shall fully insure, indemnify,
defend, and hold harmless the City and, in their capacity as such,
the officers, agents and employees thereof, from and against any and
all claims and damages in any way arising out of or through the acts
or omissions of the license holder or its employees in the construction,
operation, maintenance, use, placement or condition of the sidewalk
cafe.
(2)
If the sidewalk cafe is to be located on a City right-of-way,
the application must include certificate(s) of insurance as set forth
below which names the City as an additional insured. Such certificate(s)
shall provide that it may not be canceled or terminated without 30
days' advance notice to the City to the attention of the Licensing
Board.
(3)
The following insurance shall be provided at minimum:
a.
Workers' compensation shall be carried for all employees, contractors
and subcontractors;
b.
Public liability and property damage liability insurance;
c.
Property damage liability insurance; and
d.
Comprehensive general liability.
|
The Licensing Board may require additional insurance. Where
alcoholic beverages will be sold, served or consumed, the amount of
the insurance shall be determined by the Licensing Board and/or ABCC.
|
(4)
The holder of a sidewalk cafe license shall provide the Licensing
Board with a copy of all required insurance prior to commencing services
authorized under the license.
(g)
Fee; license duration.
(1)
A sidewalk cafe license shall be in effect beginning January
1 and ending on December 31.
(2)
The application for a sidewalk cafe license or renewal shall
be accompanied by an application fee of $100.
(3)
Prior to issuance of the license or renewal, an annual fee of
$200 shall be paid. Any persons or establishments holding a license
for the sale of alcoholic beverages as of June 30, 1998, shall, for
so long as they continue to hold the same license, be exempt from
the annual fee established by this section. Any transfer of the license
or sale of the establishment shall automatically effect the termination
of this exemption.
(h)
Violations; enforcement. The provisions of this section shall be enforced by the Police Department. A person who fails to cure a violation of those sections after a written request to take corrective action shall be fined no less than $50 per day for each infraction until the violation(s) is remedied. In addition, the Licensing Board may omit, revoke or suspend a license issued under § 20-16 upon a second or subsequent infraction under this section.
[R. O. 1947, ch. 24, § 20; Ord. No. 530, § 1, 1-17-1986; Ord. No. 860, § I, 10-26-1999]
No person shall place or keep any vending machine, table, stall, booth or other erection, or any wagon, truck, handcart or other vehicle in any street, lane, alley or public place or on any square or sidewalk in the City, for the sale of newspapers, fruit or any other thing without first obtaining written permission and location therefor from the Licensing Board, which permission shall be revocable. The person, upon application, must furnish incidence of insurance to the Licensing Board, in a form and amount acceptable to the City Solicitor, and must pay the appropriate fee as indicated in § 24-1 of this Code.
The provisions of §§ 20-16 and 20-16.1 shall be enforced by the Police Department. A person who fails to cure a violation of those sections after a written request to take corrective action shall be fined no less than $50 per day for each infraction. In addition, the Licensing Board may omit, revoke or suspend a permit issued under § 20-16 upon a second or subsequent infraction under §§ 20-16 and 20-16.1.
[R. O. 1947, ch. 24, § 26; Ord. No. 990, § I, 2-27-2007; Ord. No. 1092, § VII, 11-25-2014]
No person shall allow any sink water or other impure water to run from any house, barn or lot occupied by him or under his control into any street or highway in the City. If a person is found to be violating the provisions of this section, it shall be the duty of the Commissioner of Public Services and Utilities or his/her designee, Buildings Commissioner or his/her designee, Director of the Board of Health or his/her designee, to assess a fine to any such person in accordance with the fine schedule set forth in Chapter 4 1/2 entitled "Noncriminal and Criminal Enforcement," § 4 1/2-2.
[R. O. 1947, ch. 24, § 27]
No person shall allow any gate or door belonging to premises
owned or occupied by bits or under his control, to swing on, over
or into any street or sidewalk in the City.
[R. O. 1947, ch. 24, § 30; Ord. No. 592, § 1]
Three or more persons shall not stand together or near each
other in any street or any footwalk or sidewalk in the City so as
to obstruct the free passage of pedestrians.
No person exercising his constitutional right to peacefully
persuade or participate in any form of demonstration or picketing
within the streets or sidewalks of the City shall have any sign or
placard in his possession that is attached to any pole, stick, timber,
metal or other similar material except that placards attached to cardboard
tubes shall be allowed.
[1]
Editor's Note: Former § 20-19.2, pertaining to the
prohibition of bicycle riding on sidewalks in business districts,
and derived from Ord. No. 381, § 1, approved 7-11-1980,
was repealed by Ord. No. 466, § 1, approved 10-28-1983.
[R. O. 1947, ch. 24, § 32]
No person shall, within the limits of any street or highway
in the City, play at any game of ball, or fly any kite or balloon,
or throw any stones or other missiles, or engage in any other game,
amusement or exercise interfering with the free, safe and convenient
use of such street or highway by any person traveling thereon.
[R. O. 1947, ch. 24, § 33; Ord. No. 746, § 1, 3-9-1994; Ord. No. 806, § I, 7-10-1996; Ord. No. 1044, § I, 7-13-2010; Ord.
No. 1256, § I,11-15-2022 ]
The owner responsible for land or a building abutting a paved sidewalk, or the occupant therein, shall, after snow has ceased to fall thereupon or whenever snow shall have collected or deposited upon any such sidewalk, within 24 hours, remove the same or cause the same to be removed from such sidewalk; and also remove or cause to be removed from such sidewalk, or cover or cause to be covered with sand or some other suitable substance, within 24 hours after it has formed or appeared, any ice with which the same may be encumbered, in such way as to render such sidewalk safe and convenient for travel, to a width of 36 inches. In the event that the sidewalk has a width of less than 36 inches, the owner may only remove snow to the width of the sidewalk. If a person is found to be violating the provisions of this section, it shall be the duty of the Director of Public Health, or his or her designee, to assess a fine to any such person in accordance with the fine schedule set forth in Chapter 4 1/2 entitled "Noncriminal and Criminal Enforcement," § 4 1/2-2.
[Ord. No. 972,
§ I, 11-9-2005]
(a)
It shall be unlawful to place, throw, deposit or discharge or cause
to be placed, thrown, deposited or discharged debris, garbage, refuse,
and/or rubbish on a public highway or within 20 yards of a public
highway, or on any other public land, including sidewalks.
(b)
DEBRIS
GARBAGE
REFUSE
RUBBISH
For the purposes of this section, the following definitions apply:
Means bits and pieces of rubbish and/or litter, including
but not limited to cigarette butts, lottery tickets, rubble and bits
of stone, wood, or glass.
Means the animal, vegetable, or other organic waste resulting
from the handling, preparing, cooking, or consumption of food.
Means useless, unwanted, or discarded solid, liquid, or contained
gaseous material resulting from industrial or commercial activities
that is abandoned by being disposed or stored pending disposal.
Means combustible and noncombustible waste material, except
garbage, and includes but is not limited to, such materials as paper,
rags, cartons, boxes, wood, rubber, leather, tree branches, yard trimmings,
grass clippings, tin cans, metals, mineral matter, glass, crockery,
dust, and the residue from the burning of wood, coal, and other combustible
material.
(c)
The provisions of MGL c. 270, § 16, enables municipal police
officers to enforce the state prohibition of the disposal and/or discharge
of debris, garbage, refuse, and/or rubbish on a public highway or
within 20 yards of a public highway, or on any other public land.
(d)
Consistent with the provisions of MGL c. 40, § 21D and MGL c. 270, § 16, if a person is found to be violating the provisions of this section, it shall be the duty of the Chief of Police, or his or her designee, to provide the alleged violator with a written notice to appear before the Clerk of District Court, not later than 21 days after the date of such violation. Both the content and the service of the notice shall comply with the provisions of MGL c. 40, § 21D. The penalty for a violation of this section shall be a fine which is to be assessed in accordance with the fine schedule set forth in Chapter 4 1/2 entitled "Noncriminal and Criminal Enforcement," § 4 1/2-2. Any person so noticed may either appear and confess to the offense charged or he/she may mail to the City Clerk the fine so assessed. Any person so noticed may contest the violation by making a written request for a hearing within 21 days after the date of the notice. In the event that any person so noticed fails to appear and/or pay the fine as set forth in the fine schedule in Chapter 4 1/2, then the citing officer may, after receiving such notification from the Clerk of Court, make application for a criminal complaint.
[Ord. No. 497,
§ 1, 11-29-1984; Ord. No. 674, § 4, 5-29-1991; Ord.
No. 762, § 1, 9-14-1994; Ord. No. 844, § I, 8-11-1998; Ord. No. 1158, § III, 9-29-2015; Ord. No. 1231, § I, 11-24-2020]
Whenever impending weather conditions threaten to constitute
a traffic hazard impairing transportation, the movement of food and
fuel supplies, medical care, fire, health and police protection, and
other vital facilities of the City, the Mayor, or, in the absence
of the Mayor, their designee, shall declare an emergency period.
Whenever such an emergency is declared, the emergency period of time
shall begin at either 7:00 a.m. or 7:00 p.m. and last no less than
48 hours from the start time. For however long such emergency is in
place, all vehicles shall utilize alternate side of the street parking.
(a)
No driver shall stop, stand or park any vehicle within the limits
of the traffic arteries or part thereof which are designated as weather
or snow emergency routes by the Traffic Commission; provided, however,
that this section shall not apply to passenger vehicles stopped temporarily
during the actual loading or unloading of materials. All such arteries
shall be identified by appropriate signage.
(b)
For the duration of the snow emergency, alternate side of the street
parking shall mean that vehicles shall be allowed to stand or park
on the even-numbered side of the street between the hours of 7:00
a.m. or 7:00 p.m. of the day bearing an even-numbered calendar date
to 7:00 a.m. or 7:00 p.m. of the following day; and on the odd-numbered
side of the street between the hours of 7:00 a.m. or 7:00 p.m. of
the day bearing an odd-numbered calendar date to 7:00 a.m. or 7:00
p.m. of the following day.
Notwithstanding the snow emergency declaration, no vehicle shall
be parked or allowed to stand where such parking or standing is prohibited
by a municipal order or ordinance.
(c)
City off-street parking facilities shall be open and made available
for parking free of charge for the duration of the snow emergency
at the McKay Street parking deck.
(d)
Except for the designated parking facilities in Subsection (c) no person shall park or allow any vehicle registered in their name to park upon any land owned or controlled by the City, which shall include any land owned or controlled by any department of the City, including the School Department, after having been forbidden to do so by the person who has lawful control of said premises on behalf of the City.
(e)
During the entire month of November of each year, the City through
its Mayor or their designee shall ensure that a public service announcement
program be set forth via radio, television, and newsprint to educate
and inform the residents as to these regulations and the consequences
of violation.
(f)
Vehicles found in violation of the provisions of this section, except those specifically exempt by law, shall be removed to a convenient place as provided in § 13-115.1 of this Code, and the owner of the vehicle so removed or towed away, shall be liable for the cost of such removal and storage, if any, within the limits set forth in § 13-117 of this Code. Neither the removal nor storage of a vehicle under the provisions of this section shall be deemed to be service rendered or work performed by the City or the Police Department of the City. The contractor shall bear any and all liability to the owner of such vehicle for any damage caused to it arising out of negligence in the course of such removal and storage.
[R. O. 1947, ch. 24, § 37; Ord. No. 1032, § I, 4-28-2009; Ord. No. 1092, § VIII, 11-25-2014]
No person shall permit water from the eaves or leader pipes
of any building owned or cared for by him to be discharged upon any
public street or sidewalk in the City; and from the first day of April
to the first day of October in each year between the hours of 9:00
a.m. and 9:00 p.m., and from the first day of October in each year
to the first day of April next following, no person shall wash any
window or wall of a building in such manner as to cause the discharge
of water upon any public sidewalk or walk devoted to the public use.
If a person is found to be violating the provisions of this section, it shall be the duty of the Commissioner of Public Services and Utilities or his/her designee, Buildings Commissioner or his/her designee, or the Board of Health or its designee, to assess a fine to any such person in accordance with the fine schedule set forth in Chapter 4 1/2 entitled "Noncriminal and Criminal Enforcement," § 4 1/2-2.
[1]
Editor's Note: Former § 20-26, which was concerned
with sprinkling streets and derived from R.O. 1947, ch. 24, § 38,
was repealed 4-10-1985 by Ord. No. 506, § 1.
[R. O. 1947, ch. 24, § 39]
No person shall place or pour or cause to be placed or poured
any kerosene, naphtha, gasoline, benzine, petroleum, turpentine or
other oils, fluids or substances, harmful or injurious to asphalt
or bitulithic pavement, upon or along any such pavement within the
streets or highways of the city.
[R. O. 1947, ch. 24, § 44]
No person shall give any public address, speech or harangue
in any street, public square or public park within the city, without
a written permit from the chief of police. No such permit shall be
refused under circumstances which would constitute a denial of the
constitutional right of freedom of speech.
[R. O. 1947, ch. 24, § 42]
No person shall be prosecuted for any offense against any of
the provisions of this article unless a complaint for the same shall
have been instituted and commenced within six months from the time
when such offense was committed.
