Chapter 94 Streets and Sidewalks

The elevation established as the datum for establishing grades for the city shall be: U.S. Coast & Geodetic Survey Sea Level Datum of 1929 at the top of the east corner of the concrete base of the Southeast leg of the water tower. Elevation 587,643 “Y34 1935.”

(’81 Code, § 6.01)

94.02 OBSTRUCTION IN PUBLIC WAYS; ENCROACHMENTS.

(A) No person shall cause, create or maintain any obstruction in any street, alley, sidewalk or other public way, except as may be specifically authorized by the City Council. (’81 Code, § 6.05)

(B) No person shall erect or maintain any building or structure which encroaches upon any street, alley or other public way. (’81 Code, § 6.07)

Penalty, see § 94.99

Cross-reference:

Encroachment declared nuisance, see § 93.08

94.03 DISPLAY OF GOODS; SIGNS OR ADVERTISEMENTS.

No person shall use any street, sidewalk or other public place as space for the display of goods or merchandise for sale, or write or mark any signs or advertisements on any such pavement, without consent of the City Council.

(’81 Code, § 6.06) Penalty, see § 94.99

94.04 DRAIN OBSTRUCTIONS.

No person shall obstruct any drain in any street, alley or sidewalk.

(’81 Code, § 6.08) Penalty, see § 94.99

Cross-reference:

Obstructing drainage, see § 93.02

94.05 POLES AND WIRES.

No person shall erect any poles or wires or maintain any poles or wires over any public place, street, alley or other public way without having first secured permission from the Mayor and City Council.

(’81 Code, § 6.09) Penalty, see § 94.99

94.06 GAS PUMPS; GAS PIPES.

(A) No person shall maintain or erect any gasoline pump or tank in any street, alley or sidewalk. (’81 Code, § 6.10)

(B) Any person maintaining any gas pipe in the city shall, in the absence of provision in the franchise concerning the subject, keep such pipes free from leaks. (’81 Code, § 6.17(g))

Penalty, see § 94.99

94.07 DEPOSITS ON STREETS AND SIDEWALKS.

(A) No person shall deposit on any street any material which may be harmful to the pavement thereof, or any waste material, or any glass, or other articles, which may cause injury to any person, animal or property. Coal or other materials may be deposited in streets preparatory to delivery for use, if such deposit does not reduce the usable width of the street or roadway at that point to less than 18 feet. Material not used in actual building construction shall not be permitted to remain in any street for more than three hours. Material shall be guarded by lights if it remains upon any street at night time. (’81 Code, § 6.13)

(B) No person shall deposit on any sidewalk any material which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property. Merchandise or other articles may be deposited on sidewalks preparatory to delivery for not more than one-half hour if the usable width of the sidewalk is not thereby reduced to less than four feet. (’81 Code, § 6.14)

Penalty, see § 94.99

94.08 BURNING LEAVES AND RUBBISH ON STREETS AND SIDEWALKS.

No person shall burn any leaves, paper, rubbish or other substances upon any street, sidewalk or alley.

(’81 Code, § 6.15) Penalty, see § 94.99

Cross-reference:

Fire prevention, see Ch. 92

CONSTRUCTION OR REPAIR OF STREETS OR SIDEWALKS; EXCAVATIONS

94.20 SIDEWALK CONSTRUCTION AND SPECIFICATIONS.

(A) Obstructions prohibited. No person shall permit any porch, stoop, steps, bannister, stair railing, platform, bay window or other part of any building within the city to extend into or upon any sidewalk. This does not apply to any sign or awning which is eight feet above the sidewalk and the post of the latter set at the outer edge of the sidewalk. Any entrance into any basement, cellar or building of more than eight inches in depth shall be guarded by a substantial railing to protect the public. No cellar door shall be built at the level of the sidewalk.

(B) Width. The width of the new sidewalks constructed within the city shall be governed by the width of the street as follows: On streets 60 feet wide or over, the sidewalk shall be six feet wide; on streets 35 feet wide and under 60 feet wide, the sidewalk shall be five feet wide; and on streets 30 feet and under 45 feet wide, the sidewalk shall be four feet wide.

(C) Construction. The construction and repair of sidewalks within the city shall be supervised by the Public Works Director. He shall determine the correct location of property lines, grade of sidewalk in relation to the grade of the street and that the materials conform to the specifications as provided by the City Engineer.

(1) Replacement by city. The Public Works Director shall, as resources permit, replace, or cause to be replaced, sidewalks requiring replacement. The City of Lewistown shall maintain a list of property owners who have requested repair of the city sidewalk situated upon their property. Said property owners’ requests shall include the date of the request and the location of the proposed repair. If, in the discretion of the Public Works Director, the sidewalk located upon the property owner’s property is in need of repair, the sidewalk shall be repaired as resources permit in the order said request was made. Nothing in this section shall be construed to give a property owner a guarantee or right of repair for the section of sidewalk located upon his or her property. Furthermore, nothing in this section shall preclude the city from constructing or replacing sidewalks other than those on said list in the ordinary course of infrastructure development and maintenance.

(2) Replacement by property owner. In the event a property owner desires to expedite the replacement of a section of sidewalk within the City of Lewistown by hiring a third-party contractor, the property owner may request that the city pay for an amount of up to one-half of the city’s cost for labor and materials to replace the same section of sidewalk. If, in the Public Works Director’s discretion, the replacement of the specified section of sidewalk is necessary, the Council may approve payment of up to one-half of an amount equal to the city’s cost to repair the same section of sidewalk as determined by the Public Works Director. A schedule of the city’s costs for labor and materials shall be created annually by the Public Works Director and kept in the office of the City Administrator. Said schedule shall list all specifications required for the construction of sidewalks as determined by the City Engineer. Third-party contractors shall follow all specifications and requirements set forth on said schedule. The city may remove and replace any sidewalk which fails to conform to said specifications and requirements at the property owner’s cost.

(’81 Code, § 6.03) (Ord. 2018-1, passed 1-9-18) Penalty, see § 94.99

94.21 STREET REPAIR.

(A) Permit required. No person shall construct or lay any pavement or any public street, sidewalk, alley or other public way, or repair the same without having first obtained permission from the Mayor and City Council.

(B) Bond or insurance. Each person seeking such permission shall file a bond or public liability insurance policy in the amount of $50,000 with sureties or insurers to be approved by the Mayor and City Council, conditioned to indemnify the city from any loss, damage or liability resulting from the work undertaken.

(C) Specifications. All streets and sidewalk pavement shall be made in conformity with the specifications approved from time to time by the Mayor and City Council.

(D) Injury. No person shall walk upon or drive any vehicle or animal upon, or injure any newly laid street or alley pavement or pavement of any kind while it is guarded by a warning sign or barricade, or injure any street, sidewalk or alley pavement.

(E) Repairs. Repair work done to any public streets, alley and sidewalk pavements whether done by the city or the abutting owner shall be under the supervision of the Public Works Director.

(F) Barricades. Any person laying or repairing any pavement on any street, sidewalk or other public place or making any excavation in the same shall maintain suitable barricades to prevent injury to any person or vehicle by reason of the work. Barricades shall be protected by suitable lights at nighttime. Any defect in the pavement shall be barricaded to prevent injury. Any person properly maintaining any opening or excavation in any such place shall guard such opening or excavation while the same remains open, by proper barricades and lights. No person shall interfere with or disturb any barricades or lights lawfully placed to protect or make new pavement or excavation or opening in any public street, alley or sidewalk.

(’81 Code, § 6.04) Penalty, see § 94.99

94.22 EXCAVATION; REQUIREMENTS.

(A) Any person who, for any reason, may find it necessary to make or cause to be made any excavation or ditch for any purpose in any street, alley, avenue, sidewalk or public ground, or to take up or remove any part of any paved or black-topped street, avenue, sidewalk, bridge or culvert for any purpose, shall before so doing, obtain the permission of the Public Works Director and before granting such permission, the Public Works Director shall collect as a deposit from such person for any such proposed excavation in any street, alley or avenue other than those paved with concrete, the sum of $100 plus $25 per square yard, and for any street, alley, avenue, sidewalk, bridge or culvert constructed or paved with concrete, the sum of $100 plus $25 per square yard. Any person making or causing to be made any excavation or ditch for any purpose in any street, alley, avenue, sidewalk or public ground shall without any unnecessary delay, cause the same to be filled up to the proper level of such street, avenue, alley, sidewalk or public ground with sand or gravel only and not with dirt and in such filling up shall tamp the fill so that it will be solid when filled and will not cave in and the surface thereof when filled shall conform to the proper level or grade; and any person taking up or removing any part of any paved street, avenue or sidewalk or any bridge or culvert for any purpose or negligently breaking or injuring the same shall, without delay, cause the same to be repaired and placed in the same condition as before the breaking and injury thereof. Upon the filling of any such excavation or the replacement of any such paving, the Public Works Director shall inspect the same and if the same meets with his approval, he shall refund the deposit hereinabove provided for, but if any person shall fail to properly fill any such excavation or replace any such paving as aforesaid, that the Public Works Director shall cause the same to be filled or replaced as may be required, using the funds so deposited for such purpose and the failure of any person making such a deposit to properly comply with any reasonable order or request from the Public Works Director in connection with the filling in of any excavation or the replacement of any pavement shall work a forfeiture of the deposit, which shall be retained by the city as liquidated damages.

(B) Bond or insurance. No such permit shall be issued unless there shall be filed with the Clerk evidence of a public liability insurance policy or bond, in the amount of $300,000, conditioned to indemnify the city and hold it harmless against any claim for injury, liability or damages caused by the making of such excavation or tunnel or the existence thereof. If a blanket public liability insurance policy has been secured by the city to protect against risks incurred by such work then no bond shall be required of the person making the excavation.

(’81 Code, § 6.11) Penalty, see § 94.99

94.23 OPENINGS AND STAIRWAYS IN PUBLIC PLACES.

No person shall construct or maintain any opening or stairway in any street, alley, sidewalk or other public place without a permit from the Mayor and City Council. All such lawfully maintained openings shall be guarded by a suitable strong cover or railing approved by the Public Works Director.

(’81 Code, § 6.12) Penalty, see § 94.99

DRIVEWAYS

94.35 PERMITS; FEES.

(A) Permit. No person shall construct a driveway across any sidewalk without first having obtained a permit therefor. Application for such permit shall be made to the Clerk and shall be referred to the Public Works Director who shall file a report with the City Council. No permit for construction of a driveway for commercial use, or for the habitual use of other than the owner or occupant of the premises served, shall be issued until the construction permit fee is paid, a report has been received by the Public Works Director and ordered and approved by the City Council. (’81 Code, § 6.16(a))

(B) Fee. The fee for a driveway construction permit is $3. (’81 Code, § 6.16(b))

Penalty, see § 94.99

94.36 GRADE.

No driveway shall be constructed or graded as to leave a step, a sharp depression or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk. It shall be unlawful to have the surface finish of any driveway where it crosses the sidewalk constructed of such materials as to render it slippery or hazardous to pedestrians, or to have the grade of such portion vary from the grade of the sidewalk or be other than level.

(’81 Code, § 6.16(c)) Penalty, see § 94.99

94.37 CONSTRUCTION SPECIFICATIONS; REPAIR.

(A) Driveways across sidewalks shall be constructed in compliance with specifications which have been adopted by the City Council at the time of issuance of the permit. (’81 Code, § 6.16(d))

(B) The person maintaining a driveway shall keep it in good repair at the place where it crosses the sidewalk and free from any obstruction or other openings. (’81 Code, § 6.16(e))

Penalty, see § 94.99

HOUSE NUMBERING

94.50 NUMBERING PLAN.

All lots, buildings and structures in the city shall be numbered in accordance with the following plan:

(A) The numbering of all houses fronting upon the public streets, avenues and thoroughfares within the city, shall be in conformity with the system and the rules following.

(B) Main Street shall be the base or dividing line for numbering houses of all streets and avenues running east and west and Lincoln Avenue shall be the base or dividing line for all streets or avenues running north and south.

(C) All streets or avenues running north and south and being north of Lincoln Avenue shall be designated by the prefix North, and all streets and avenues running north and south and being south of Lincoln Avenue shall be designated by the prefix South. All streets or avenues running east and west and being east of Main Street shall be designated by the prefix East, and all streets and avenues running east and west and being west of Main Street shall be designated by the prefix West.

(D) The first number on each side of Lincoln Avenue shall be 100 and progress north and south therefrom at the rate of 100 numbers to each block as nearly as practical. The first number on each side of Main Street shall be 100 and progress east and west therefrom at the rate of 100 numbers to each block as nearly as practical.

(E) The odd numbers shall be used on the east side of all streets and avenues running north and south in the city and upon the south side of all streets and avenues running east and west in the city, and the even numbers shall be upon the west side of the streets and avenues running north and south and upon the north side of all streets and avenues running east and west in the city.

(’81 Code, § 6.02(a) sec. 1 through 5)

94.51 DUTIES OF THE PUBLIC WORKS DIRECTOR.

(A) It shall be the duty of the Public Works Director, in pursuance of the foregoing sections, to establish and assign all house numbers on the streets, avenues and thoroughfares of the city, and in so doing he shall keep in view the necessity of having the numbering in general as nearly uniform as possible, and he shall prepare the necessary records of the numbers so assigned by him and the records shall be evidence of such numbers and he shall on demand furnish each owner or occupant of a house, or such person as may be employed in numbering the houses or buildings, with the necessary information as to the number belonging to each house.

(B) All numbering shall be strictly in conformity with the directions and regulations of the Public Works Director, the figures of the numbers to be not less than three inches in length; and all owners or occupants of houses now erected, or which may hereafter be erected within the city, are hereby required to number their houses in conformity with the provisions of this chapter, and the regulations of the Public Works Director, in pursuance thereof.

(’81 Code, § 6.02)

94.52 NUMBERS DISPLAYED ON HOUSES.

The owners and occupants of every house in the city shall have placed thereon, in a place visible from the street, figures at least two and one-half inches high showing the number of the house.

(’81 Code, § 6.02)

94.53 FAILURE TO COMPLY.

Any owner or occupant of any house now erected, or hereafter to be erected, who shall fail or refuse to number the house as aforesaid, within ten days after receiving notice from the Public Works Director to number the house, or who shall number the house otherwise than in conformity with the provisions of this chapter and regulations of the Public Works Director, shall upon conviction thereof, be subject to the provisions of § 94.99 for each offense.

(’81 Code, § 6.02) Penalty, see § 94.99

TREES AND SHRUBS

94.65 PLANTING AND REMOVAL PERMITS.

(A) No person shall plant any tree or shrub in any street or parkway or other public place without first having secured a permit there for. Application for such permit shall be made to the Clerk, and shall be referred by him to the Mayor and City Council for approval. No tree shall be planted or permitted to grow within five feet of any public sidewalk. (’81 Code, § 6.17(a))

(B) No person shall remove or cut down any tree or shrub in any street, parkway or other public place without having first secured a permit therefor. Application for such permit shall be made to the Clerk, and shall be referred by him to the Mayor and City Council for approval. (’81 Code, § 6.17(b))

Penalty, see § 94.99

94.66 DAMAGE TO TREES OR SHRUBS.

No person shall injure any tree or shrub planted in any street, parkway or public place.

(’81 Code, § 6.17(c)) Penalty, see § 94.99

94.67 POSTING OF ADVERTISEMENTS OR NOTICES.

No person shall attach any sign, advertisement or notice to any tree or shrub in any street, parkway or public place.

(’81 Code, § 6.17(d)) Penalty, see § 94.99

94.68 OVERHANGING TREES OR SHRUBS; REMOVAL OF LIMBS.

Any tree or shrub which overhangs any sidewalk, street or other public place in the city in such a way as to impede or interfere with traffic or travel on such public place shall be trimmed by the owner of the abutting premises on which such tree or shrub grows so that the obstruction shall cease. Any limb of a tree which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which the tree grows or stands.

(’81 Code, § 6.17(e))

94.69 WIRES AND ROPES; MAINTENANCE.

No person shall attach any wire or rope to any tree without the permission of the Mayor and City Council. Any person granted the right to maintain poles and wires in the streets, alleys or other public places in the city shall in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees or shrubs in such places so far as may be possible and shall keep all such trees and shrubs properly trimmed, subject to the supervision of the Public Works Director, to insure that injury shall not be done to the poles, wires, shrubs and trees by contact with the wires.

(’81 Code, § 6.17(f)) Penalty, see § 94.99

94.70 EXCAVATIONS.

In making excavations in streets or other public places proper care shall be taken to avoid injury to the roots of any shrub or tree wherever possible.

(’81 Code, § 6.17(h)) Penalty, see § 94.99

94.99 PENALTY.

(A) Whoever violates any provision in this chapter for which another penalty is not specifically provided, shall be fined in accordance with § 10.99, and every day the violation continues shall constitute a separate offense.

(B) Whoever violates § 94.54 shall be fined not less than $1 nor more than $5. (’81 Code, § 6.02)