[R.O. 1991 § 520.060; Ord. No. 2898-14 § 1, 7-1-2014]
As used in this Article, unless the
context otherwise indicates, the following terms shall mean:
The area of road right-of-way beginning at the curb of the
street or edge of pavement and extending towards the property line
to the line where the building driveway is located, and shall include
the area of the right-of-way where the dual use of the approach and
as a sidewalk exists.
A permanent structure of approved materials and size that
will allow unobstructed flow of stormwater through a ditch in the
area where an approach crosses the right-of-way.
An unenclosed stormwater runoff area adjacent to the paved
portion of a street.
The area of each parcel where the owner has constructed vehicular
access areas for either entrance into a garage, parking lot or the
parcel in general.
Any parade, march, race, walk or procession, or any similar
event, in or upon any public street.
[Ord. No. 2922-15 § 2, 5-19-2015]
Any ceremony, show, exhibition, festival, pageant or gathering,
or any similar event, in or upon any public street.
[Ord. No. 2922-15 § 2, 5-19-2015]
[R.O. 1991 § 520.070; Ord. No. 2898-14 § 1, 7-1-2014]
No person, firm or corporation shall
construct any street or roadway in the City of Smithville which street
or roadway is or shall be dedicated to public use or in the event
such street or roadway shall connect or intersect with any public
street within the City of Smithville, unless said street or roadway
shall be constructed or improved in accordance with the design standards
in effect at the time.
[R.O. 1991 § 520.080; Ord. No. 2898-14 § 1, 7-1-2014]
Permit Required. No person, firm
or corporation shall hereafter construct, build, establish or maintain
any driveway approach over, across or upon any portion of the public
sidewalk or public right-of-way without first having obtained a written
permit to do so from the Building Inspector. No such permit shall
be issued for construction or establishment of any such driveway except
in accordance with the adopted specifications for such work.
[R.O. 1991 § 520.090; Ord. No. 2898-14 § 1, 7-1-2014]
A.
No person shall erect, place or maintain
any building, fence or obstruction, in whole or in part upon any street,
alley, sidewalk, road right-of-way or public easement with the following
exceptions:
1.
A special permit may be issued by
the Street Superintendent to allow placement of roll-off-style dumpsters
in the public way when, in the Superintendent's opinion, the private
property adjacent to the public way is not of sufficient size to allow
placement of the dumpster; the placement is temporary in nature, and
in no event shall it extend longer than two (2) weeks.
2.
A fence permit may be issued that
extends over a public easement, but in the event the fence or a portion
thereof must be removed to obtain access to the easement, the property
owner shall be solely responsible for any repair or replacement of
the fence, and any user of such public easement shall not be responsible
for damages occasioned by the removal of the fence.
3.
Temporary construction fences or
barricades to protect the public and workers on projects in such public
way that have been issued a permit, or are subject to emergency permit
suspension are allowed in such public ways. Any temporary protective
measure shall adhere to all safety regulations for such measures.
[R.O. 1991 § 520.100; Ord. No. 2898-14 § 1, 7-1-2014; Ord. No. 2922-15 § 3, 5-19-2015]
A.
Permit Required. No person shall close
any street or sidewalk, or portion thereof, without first obtaining
a permit to close such public way.
B.
Street Or Sidewalk Closings For Construction.
The Building Inspector may issue a street or sidewalk closure permit
for any construction that requires such closure. There is no fee for
such permit if the closure is related to work subject to another permit.
If the work does not generally require a permit, a separate street
closure permit is required and shall be treated as a miscellaneous
permit issued by the Building Department.
C.
Street Or Sidewalk Closings For Parade
Or Special Event. No street or sidewalk within the City of Smithville
shall be closed for a parade or special event without a parade or
special event permit issued by the City of Smithville.
[R.O. 1991 § 520.110; Ord. No. 2898-14 § 1, 7-1-2014; Ord.
No. 3166-22, 12-20-2022; Ord. No. 3203-23, 10-3-2023]
A.
No person shall dump or deposit or cause
to be deposited or dumped, on any street, alley, sidewalk, right-of-way,
public place, or waterway, any dirt, earth, rock, clay, sand, shale,
building material, debris or rubbish or any other material. Nothing
contained herein shall prevent anyone performing the work of grading
streets, alleys, sidewalks, rights-of-way, or public places or making
improvements thereto from putting necessary materials at such places
as may be necessary to perform the contracted work.
B.
No owner, his/her agent or occupant of
any land abutting upon any street, alley, sidewalk, public place or
waterway in the City shall allow earth or any rubbish from such land
to fall or wash upon any part of such street, alley, sidewalk, public
place or waterway. Any work on private property adjacent to any such
street, alley, sidewalk, public place or waterway shall be responsible
for placing protective measures such as silt fences or other erosion
control devices to protect such earth or rubbish leaving the private
property and obtaining an required permits City for the work involved.
C.
No
person shall discharge or cause to be discharged into a natural or
man-made stormwater system any waste materials, liquids, vapor, fat,
gasoline, benzene, naphtha, oil or petroleum product, mud, straw,
lawn clippings, tree limbs or branches, metal or plastic objects,
rags, garbage or any other substance which is capable of causing an
obstruction to the flow of the storm system or interfere with the
proper operation of the system or which will pollute the natural creeks
or waterways.
D.
No
person shall allow any water to accumulate and/or remain, or stagnate
upon, in or about any lot, tract or piece of ground, with the exception
of natural streams and waterways; or any barrels, buckets, kegs, tubs,
cans or vessels of any kind whatsoever caused or permitted to be thrown,
to be placed or to remain upon any lot, property or grounds in the
City that might, could or would catch, hold, contain or retain water
in which mosquitoes or insects, bugs, worms or living creatures might
be bred, hatched, raised or allowed to remain or accumulate.
E.
Regardless
of any legal requirements, once an individual responsible for overseeing
a facility or operation, or managing emergency responses for such,
becomes aware of a known or suspected release of materials leading
to illegal discharges or the discharge of pollutants into stormwater,
storm drain systems, or U.S. water bodies, that person must promptly
undertake all necessary actions to ensure the identification, containment,
and cleanup of the said release. In instances involving hazardous
materials, the responsible individual must immediately inform emergency
response agencies of the occurrence through emergency dispatch services.
Similarly, for releases of non-hazardous materials, the responsible
party is obliged to notify the authorized enforcement agency in person,
via telephone, or by facsimile no later than the following business
day. Notifications conveyed through personal visits or telephone must
be confirmed with written notices, duly addressed and mailed to the
Public Works Department within three (3) business days from the initial
phone notification. If the release of prohibited materials originates
from a commercial or industrial establishment, the owner or operator
of the said establishment must also maintain an on-site written record
of the discharge incident and the measures undertaken to prevent its
recurrence. These records must be maintained for a minimum of three
(3) years.
[R.O. 1991 § 520.120; Ord. No. 2898-14 § 1, 7-1-2014]
No person shall burn any combustible
material, nor place any substance likely to injure the pavement on
any asphaltic, concrete or brick paved street, alley, sidewalk or
other public place.
[R.O. 1991 § 520.130; Ord. No. 2898-14 § 1, 7-1-2014; Ord.
No. 3126-21, 12-7-2021]
A.
It shall be the duty of all persons owning
or occupying any real property fronting upon any street or public
place to:
1.
Not allow grass, weeds or other vegetation
in excess of seven (7) inches to grow in the right-of-way from the
street curb and/or edge of pavement where no edge is present to the
property line within the City or any area between the property lines
of the lot or parcel, and the curb line or edge of any adjacent street,
and the centerline of any adjacent alley, including, but not specifically
limited to, sidewalks, streets, alleys, easements, rights-of-way and
all other areas.
2.
Maintain sidewalk area by the abutting
owner or occupant, which includes, but is not limited to:
a.
Not allow the sidewalk to be or remain above or below the established
grade of the sidewalk and keep the sidewalk in front of or alongside
of the property in good order and free from obstructions and vegetation.
b.
Remove from any such sidewalk all ice, snow, earth, weeds or other
obstructions or substance that in any way obstructs or renders the
sidewalk, curb and gutter dangerous, inconvenient or annoying to the
traveling public.
