[Adopted 8-9-1977 by Ord.
No. 5-77 as Part 7, Art. 729 of the 1977 Code]
A.
The owner, occupant or tenant of every property fronting
upon or alongside of any of the streets in the city is hereby required to
remove or cause to be removed from all the sidewalks in front of or alongside
of such property all snow and ice thereon fallen or formed within 24 hours
after the same has ceased to fall or to be formed. The owner of a property
shall be responsible for conforming to the requirements of this subsection
where such property is occupied by such owner or is unoccupied or vacant;
the tenant or occupier shall be responsible where such property is occupied
by such tenant or occupier only; and the owner thereof shall be responsible
where the property is a multiple-business or multiple-dwelling property occupied
by more than one tenant or occupier.
B.
In any case where the owner, occupant or tenant fails, neglects or refuses to comply with any provision of Subsection A hereof within the time limit prescribed, the Director of the Department of Streets and Public Improvements may cause all snow and/or ice to be cleared from the sidewalk of any such delinquent, and the city shall collect the expenses thereof, with any additional amount allowed by law, from such owner, occupant or tenant, as the case may be, which may be in addition to any penalty imposed under § 181-22.
No person shall place or store any goods, wares, merchandise or material
of any nature whatever upon any of the streets, alleys or sidewalks in the
city except under the following conditions:
A.
The holder of a building permit may, during the period
of validity thereof, without obtaining further permission, store building
material or equipment upon the street, alley and/or sidewalk abutting the
property upon which such building is authorized, provided that:
(1)
No more than 1/2 the width of the sidewalk and/or 1/3
of the width of the street or alley is occupied by such material or equipment.
(2)
Such building material or equipment shall be placed so
as not to interfere with drainage of the street or sidewalk or with access
to any fire hydrant.
(3)
Such building material or equipment shall be arranged
in regular, neat, compact form so as to occupy a minimum of space and to present
the least risk of falling.
(4)
The holder of such permit shall place lights and guards
in the vicinity of or around such material or equipment so as to prevent injury
to persons or property.
(5)
The holder of such permit shall assume all liability
for any damage or injury to person or property that may be occasioned by reason
of the placing or storage of such material or equipment.
(6)
The holder of such permit shall, after the expiration
of the permit and the removal of such material or equipment, restore the surface
of the street, alley and/or sidewalk to the condition in which it was prior
to its usage for storage of such material.
B.
Any person engaged in delivering any goods, wares, merchandise
or material to any property abutting on any sidewalk or in removing any personal
property of any nature or character whatever may temporarily, for a total
period of not more than one hour, place any such goods, wares or merchandise
or other personal property upon such sidewalk, as close as possible to the
curb, to facilitate the loading or unloading of the same.
C.
Any person in business as a merchant in the city may,
with special permission of the Mayor, for such time and under such specific
conditions as the Mayor may specify, store or display merchandise upon the
portion of the sidewalk directly adjacent to his building and occupying no
more than 18 inches of the total width of the sidewalk. However, such special
permission may be revoked by the Mayor, at his discretion, at any time.
A.
Encroachments over streets and alleys prohibited. No
person shall construct or maintain any porch, portico, bench, doorstep, railing,
bulk, bay or jut window, areaway, cellar door, cellar way or step that shall
project upon, over or into any of the streets or alleys of the city.
B.
Special permission required for encroachments into or over sidewalks. No person shall construct, place or maintain any porch, portico, bench, doorstep, railing, bulk, bay or jut window, areaway, cellar door, cellar way or step that shall project upon, over or into any of the sidewalks of the city except with special permission of Council and subject to the conditions that Council may impose in each case. However, no such special permission shall be granted by Council for the construction of any structure or encroachment that would constitute a violation of any provision of Chapter 236, Zoning.
C.
Minimum clearance of awnings over sidewalks. No person
shall erect or maintain any awning, any portion of which shall be less than
seven feet above the surface of any sidewalk.
D.
Distance of poles and fixtures inside curbline. No person
shall place any valve box, plug, pole or any other manner of pole, water,
gas or light fixture unless the outer edge thereof shall be at least six inches
inside of the curbline and unless the same shall conform to the established
grades, which shall be obtained from the City Engineer.
Any structure or appendage thereto or part thereof and any awning, goods, wares, merchandise, material or personal property whatever encroaching upon or being upon or over any street, alley or sidewalk in the city in violation of any provision of § 181-17 or 181-18 shall constitute a nuisance and shall be removed by the owner of the abutting property upon 10 days' notice from Council, and, upon default of the owner to remove the same, Council may cause the removal thereof and shall collect the cost of such removal, with a penalty of 10% of such cost, from the owner of such property, such cost and penalty to be collected by any of the procedures authorized by law.
No person shall coast or ride upon any sled or similar conveyance on
any sidewalk in the city or upon any street or alley not set apart and designated
for the purpose as a play highway by the Mayor and Chief of Police.
No person shall throw any missile of any kind, which includes, but is
not limited to, stones and snowballs, upon or onto any of the public streets,
alleys or sidewalks in the city.
Whoever violates any provision of this Article shall be fined not more than $600 and costs of prosecution and, in default of payment, shall be imprisoned for not more than 90 days. Such penalty shall be in addition to any expenses and additional amounts authorized by law and imposed as provided in § 181-16B.
