Chapter 90–Streets and Sidewalks
90.010. Obstruction on street, when unlawful, penalty. It shall be unlawful for any person to deposit or permit to remain on any highway, street, alley, sidewalk, parkway, tree lawn or public place except by street use permit, as herein provided, any building material or equipment, rubbish, coal, debris, dirt, materials of any kind, chattels or property which might obstruct the free use thereof or hinder traffic of persons or vehicles, provided that, if through necessity, an obstruction of the nature described is placed thereon, the person responsible shall be relieved of the penalties of this Section if he removes the same without unnecessary delay and if he places red lanterns or lights on and around said obstruction, lighted and placed in such manner and of such number as to be plainly visible in all directions, between the hours of sunset and sunrise while such obstruction so remains. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor.
90.020. Unlawful extent of obstruction, a misdemeanor. It shall be unlawful for any person to obstruct or occupy with building materials or equipment, dirt piles, articles or materials of any kind calculated to prevent free passage or use by the public, more than one-half of any sidewalk or more than one-third of any public roadway, highway or alley, or to in any manner obstruct the free passage of water in any gutter, drain or alley with such materials or articles. Any person who shall violate any provision of this Section shall be deemed guilty of a misdemeanor.
90.030. Street use permit, when required. Any person proposing to place any obstruction or obstructions upon a public way, as set out in the preceding sections, shall first secure a permit so to do from the city administrator and such person may be required, at the discretion of the City Council, to make a cash deposit with the city collector to insure that all such obstructions will be safeguarded as required by this Chapter and promptly removed. Said deposit shall be in an amount not to exceed $500.00, and shall be refunded after full compliance herewith and conditions restored equal to that existing prior to the placing of the obstructions.
90.040. Sidewalks to be kept clean, penalty. The tenants or occupants of all premises occupied by them and the owners or agents of vacant lots owned by them or under their control shall keep the sidewalks in front of and adjoining the property owned, controlled or occupied by them swept and clear of paper, dirt, mud, filth, animal or vegetable matter or any substance or article. After any fall of snow or sleet or formation of ice thereon, said owners, agents, occupants or tenants shall cause the same to be immediately removed from the sidewalk fronting or adjoining the property owned, managed or occupied by them. Where buildings are occupied by more than one tenant, it shall be the duty of the person or persons, occupying the tenement, or tenements nearest the street to comply with the requirements of this Section.
Any person violating any provision of this Section shall be deemed guilty of a misdemeanor.
90.060. Use of closed street a misdemeanor. It shall be unlawful for any person to use any street or highway, or part thereof, which has been withdrawn from use by the public, or to drive or attempt to drive any vehicle thereon, or to remove or destroy any barricade, warning light or sign placed upon said street or highway or around or upon any obstruction or defect thereon as a protection or warning to the public. Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor.
90.070. Damage to public property, misdemeanor. It shall be unlawful for any person to injure or damage any sidewalk, curb, gutter, tree lawn, parkway, public place, tree, pole, light standard or fixture, sign, property or fire plug on any public street, highway or alley, by driving a vehicle upon, against or over, or by cutting, breaking or otherwise damaging the same. Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor.
90.075. Unlawful to open street without permit; restoration. It shall be unlawful for any person to open any city street without proper permit. All work must be inspected by the street commissioner. Further, any person shall be required to restore any street or sidewalk to its prior condition after any work is completed. Any person who violates any provision of this section shall be deemed guilty of a misdemeanor with the fines ranging from $200 to $500.
90.080. (ORD # 2-01) Sale and storage of merchandise or sidewalks. It shall be unlawful for any person to place merchandise, or allow merchandise to remain, on any sidewalk within the City for the purpose of selling such merchandise, except that merchandise may be placed on sidewalks for sale during regular business hours so long as the sidewalk is not substantially obstructed. It shall be unlawful for any person to place any item not for sale, or allow such item to remain, on any sidewalk within the City which obstructs the sidewalk or interferes with a person’s line of sight down the sidewalk. It shall be unlawful for any person to store merchandise or other goods on any sidewalk within the City.