[R.O. 1993 § 535.010; Code 1972 § 32-5; CC 1988 § 24-1; Ord. No. 2009-2846 § 1, 8-25-2009]
It shall be unlawful for any person to obstruct any sidewalk, street, etc., in the City by placing, leaving or depositing or causing to be placed, left or deposited thereon any boxes, barrels, show cards, goods or any other article or thing whatever, and all sidewalks, streets, etc., shall at all times be kept open and unobstructed to leave a clear safe passageway for pedestrians and the handicapped individuals. However, this Section shall not be so construed as to prevent merchants from occupying a used two and one-half (2.5) feet of sidewalk next to and in front of their building (measured from the building line) for the purpose of displaying their wares and merchandise. In no case shall such wares and merchandise reduce a clear unobstructed passageway on such sidewalk to a minimum of thirty-six (36) inches. No merchandise or wares so placed upon a sidewalk shall be left on such sidewalk after close of each business day (except newspaper stands). Nor shall it prevent merchants and manufacturers and others while receiving or shipping goods from occupying for such purpose not to exceed one-half (1/2) of such sidewalk with such goods, but the same shall in no event remain on the sidewalk longer than two (2) hours.
[R.O. 1993 § 535.020; Ord. No. 83-1837 §§ A — C, 11-18-1983; CC 1988 § 24-2]
It shall be unlawful for any person to cause or to place, deposit to be placed or deposited any leaves, grass, fill, sand, garbage, stone, or debris of any type or kind in any culvert, pipe, drainage ditch, street or watercourse.
It shall be unlawful for any owner of property to allow or permit any materials mentioned in Subsection (A) to be placed or deposited in any culvert, pipe, street, alley, watercourse or other portion of the drainage system adjacent to the owner's property.
Any person found to be violating any provisions of this Section shall be served with written notice stating the nature of the violation and allowing the property owner or person found violating this Section a ten-day time limit for the satisfactory correction thereof. Any such person who continues to violate or shall continue in any violation shall be deemed guilty of an ordinance violation. Each successive day shall constitute a separate offense.
[R.O. 1993 § 535.030; Ord. No. 83-1825 § 1, 7-11-1983; CC 1988 § 24-3]
It shall be unlawful for any person to:
Place, deposit or permit to be placed or deposited any type of obstruction, including but not limited to debris, fill, sand, stone or other solid materials into or across any streets, alley, curb, ditch, culvert, pipe, or other portion of the drainage system of the City;
Construct and/or place any ditch, pipe, culvert or any other type of device on their land which collects surface water so that the same is discharged off of such land in increased and destructive quantities to any paved surface, structures, roads, improvements, streets, alleys, culverts, ditches, pipes, or other drainage course or drainage system of the City;
Fill, obstruct, dam, divert or otherwise change or alter any portion of the drainage system of the City, including but not limited to any street, alley, culvert, ditch, pipe.
[R.O. 1993 § 535.040; Ord. No. 83-1825 § 2, 7-11-1983; CC 1988 § 24-4]
All existing obstructions, which have been placed or deposited in any of the drainage systems of the City; or any collection of surface water by a property owner into an artificial channel which causes the same to be discharged in increased and destructive quantities upon any real property and/or buildings, or which causes such discharge in such a manner as to exceed the natural capacity shall constitute an undue burden upon the drainage system of the City; or which reasonably restricts the proper present or future course of development of the official drainage system; or which constitutes a danger or hazard to the well being, safety or general welfare of the residents of the City or any property located therein shall be removed or corrected by the owners of the premises within sixty (60) days after written notice to remove or correct the same.
[R.O. 1993 § 535.050; Ord. No. 83-1825 § 3, 7-11-1983; CC 1988 § 24-5]
[R.O. 1993 § 535.060; Ord. No. 83-1825 § 4, 7-11-1983; Ord. No. 85-1891, 7-8-1985; CC 1988 § 24-6]
Any person found to be violating any provisions of Sections 535.030 through 535.050 shall be served with a written notice stating the nature of the violation and providing a sixty-day time limit for the satisfactory correction thereof. The offender shall, within the period stated above, present plans and specifications prepared by a licensed professional engineer for correction of the violation. Such plans shall be filed, examined and approved by the City Manager or other appropriate designated official. If the cost for remedying such violation does not exceed the sum of one hundred dollars ($100.00), the plans and specifications are not required to be prepared by a licensed professional engineer.
Any person who continues any violation or fails to file a plan correcting such violation within the time limit provided above shall be deemed guilty of an ordinance violation.
[R.O. 1993 § 535.070; Code 1972 § 32-6; CC 1988 § 24-7]
Permits. No person shall erect or maintain any awning or canopy over any street, sidewalk, alley or other public way in the City without having first obtained a permit therefor as provided in this Section. Permits for canopies or awnings shall be issued by the City Clerk, subject to the approval of the Building Inspector, upon payment of the fee provided, and shall designate the location of the proposed structure. The annual fee for such permits shall be two dollars fifty cents ($2.50) for each canopy or awning.
Construction. All awnings and canopies extending over any public sidewalk, street, alley or other public place must be securely fastened and constructed, so that there will be no danger of the same being dislodged by ordinary winds or falling from other cause. No awning or canopy shall be erected or maintained extending over any public sidewalk, street, alley or other public place in such a location as to obstruct the view of any traffic light or other traffic sign or signal. Awnings and canopies may be secured by the use of either metal posts for support or structural support above the awning or canopy that extends from the building itself to the top of the awning or canopy. In addition, an awning or canopy may be supported by the use of both such means. If metal posts are used for any support, they shall be painted white. The metal post which constitutes the corner post of the awning or canopy must be wide enough that it may be seen by a person approaching such post on the sidewalk so as not to constitute a hazard to those people using the sidewalk. The exact width necessary for these corner posts shall be determined by the Building Inspector after he/she has appraised himself of the awning or canopy to be constructed.
Height. The lowest part of any canopy or awning which extends over any public way, exclusive of supports fastened to the sidewalk, shall be at least eight (8) feet above the level of the walk or public way over which it extends; but no such awnings or canopies shall be maintained over any public way used by vehicles if any part of the awning or canopy is less than fifteen (15) feet above the level of such public way.
Extension. The maximum distance any part of such canopy or awning may extend from a building over any public way shall be a distance of eight (8) feet.
Inspection. It shall be the duty of the Building Inspector to cause to be inspected every canopy or awning which extends over any sidewalk, street, alley or other public way. If any such canopy or awning is found to be insecurely fastened or if any such canopy or awning is found to obstruct the view of any motorist or pedestrian of any traffic light or other traffic sign or signal, he/she shall report this fact to the owner of the awning or canopy or to the owner or occupant of the premises on which it is fastened. If the condition is not corrected to comply with the provisions of this Section within ten (10) days after such notice, it may be removed by the City upon order of the City Manager and Council.
Cross Reference: Buildings and building regulations, Title V.