Chapter 13.28
PROTECTION AND USE OF STREETS1
Sections:
13.28.030 Sidewalk openings to be covered.
13.28.040 Disturbing sidewalks, streets and alleys.
13.28.050 Guarding excavations and obstructions.
13.28.060 Barriers and warning lights on excavations.
13.28.070 Covers over openings.
13.28.080 Dangerous scaffolding.
13.28.090 Dangerous buildings or structures.
13.28.100 Repealed.
13.28.110 Obstructions on sidewalks.
13.28.120 Projecting buildings and eaves.
13.28.130 Water draining upon sidewalk.
13.28.140 Stairways on sidewalks.
13.28.150 Littering streets and sidewalks.
13.28.160 Spilling dirt, rubbish, etc. in transit.
13.28.170 Sweeping dirt or refuse onto sidewalk.
13.28.180 Placing wood or coal on streets.
13.28.190 Driving vehicles on sidewalks.
13.28.200 Cutting wood on streets.
13.28.210 Cogs or projection rods prohibited on streets.
13.28.220 Building fires, slaking lime, mixing mortar.
13.28.230 Penalty for violations.
13.28.030 Sidewalk openings to be covered.
It is unlawful for any person to leave open and unprotected any cellar or trap door, vault, gratings, or other sidewalk opening, or to permit or suffer any sidewalk or passageway which it is his duty to keep in repair, to fall into disrepair to become broken, uneven or in a condition dangerous to persons using the same. (Prior code § 13.16.010)
13.28.040 Disturbing sidewalks, streets and alleys.
No person shall unlawfully disturb any sidewalks, or remove any planking or paving on any street, alley or sidewalk in the city, or dig into or under, or tear up any of the streets, alleys, sidewalks or public places in the city. (Prior code § 13.16.020)
13.28.050 Guarding excavations and obstructions.
All excavations, obstructions or unsafe conditions in or upon any street, alley, sidewalk or public place in the city shall be protected and guarded by sufficient barriers at all times and by red reflectors at night so as to warn passersby of such obstructions or dangerous place; and all such excavations, obstructions, and unsafe conditions shall be properly filled up, and the street, alley, sidewalk or public place restored to its former condition upon the completion of the purpose for which same was torn up, obstructed or rendered unsafe; and it shall be the duty of the person creating such excavation, obstruction, or unsafe condition, or causing the same to be created, to do and perform all the acts herein required to be done concerning the same, and it shall be the duty of the superintendent of streets to see that the provisions of this section are fully and faithfully observed. Said red reflectors herein referred to shall be of such size and make as the city engineer shall approve. (Prior code § 13.16.030)
13.28.060 Barriers and warning lights on excavations.
It is unlawful for the owner, occupant or person having control of any premises in the city to create or maintain, or permit to be created or maintained on such premises any excavation so near any street, alley, sidewalk or public place as to be dangerous to persons using such street, alley, sidewalk or public place unless the same be sufficiently guarded with barriers at all times and have lights at night to warn passersby of such dangerous condition. (Prior code § 13.16.040)
13.28.070 Covers over openings.
All openings or coal holes in streets, alleys, sidewalks or public places used or maintained by any person, shall be provided by such person with covers sufficiently strong and well built so as not to endanger persons passing over the same. (Prior code § 13.16.050)
13.28.080 Dangerous scaffolding.
It is unlawful for any person to erect or maintain anywhere within the city any scaffold, platform or similar structure in a condition such as to endanger persons working thereupon or thereabout, or persons passing thereunder, thereupon or nearby. (Prior code § 13.16.060)
13.28.090 Dangerous buildings or structures.
It is unlawful for any person to erect or maintain any unsafe building, structure, stack, wall or chimney which from situation, condition, mode of construction or otherwise, is or may become dangerous to persons or property. (Prior code § 13.16.070)
13.28.100 Signs, banners, awnings, etc.
Repealed by Ord. 3258-12. (Prior code § 13.16.080)
13.28.110 Obstructions on sidewalks.
It is unlawful to set up or maintain any sign or signboard over or across any sidewalk, street or alley in the city; and it is unlawful for any person, or for the owner, occupant or person in control of any premises, to set up or maintain any post, billboard or any kind of obstruction in any street or alley or upon any sidewalk for the purposes of fastening thereto any sign, awning or advertisement. (Prior code § 13.16.090)
13.28.120 Projecting buildings and eaves.
It is unlawful to erect or maintain any building or structure in such manner that any part thereof extends over any street, alley or sidewalk; provided that any bay windows, cornices, eaves, etc. may extend not more than twenty-four inches over a street, alley or sidewalk of more than ten feet from the surface of such street, alley or sidewalk. (Prior code § 13.16.120)
13.28.130 Water draining upon sidewalk.
It is unlawful to erect or maintain any pipe or conductor from the eaves of any building, or from any premises so as to cause water or drainage to flow across or upon any sidewalk. (Prior code § 13.16.130)
13.28.140 Stairways on sidewalks.
A. It is unlawful to erect or maintain over, upon or under any sidewalk any stairway or stairs of any kind without the written consent of the city council, and it shall be unlawful to erect or maintain any stairway or steps under the surface of any sidewalk, alley or street area unless all entrances from such sidewalk, alley or street are protected by a metal gate opening outwardly only, and so constructed that said gate will automatically close. Said gates shall at all times be kept in good repair.
B. All persons or corporations desiring to construct, or are now maintaining any steps or stairways shall make application to the city council for a permit to construct or maintain any such steps or stairways and such application must be accompanied with the plans or description of such steps or stairs and of the gates to be maintained at the sidewalk, alley or street entrance to the same.
C. If any person or corporation fails to comply with the terms of this section the city council shall have the right to order all sidewalk, alley or street entrances to said stairs or steps to be closed, and during the period such entrances are ordered closed, it shall be unlawful for any person to use any of such entrances.
D. Before any permit referred to herein shall be issued, the owners of the real estate in connection with which the structures to be covered by said permit shall be used, shall enter into an agreement with Everett providing that the owners of said real estate shall save Everett harmless from any and all loss, damage or injury that may be caused to any person or property by reason of the construction or maintenance of such structures. Such agreement shall be in a form approved by the city council and shall constitute a covenant attaching to and running with said real estate. (Prior code § 13.16.140)
13.28.150 Littering streets and sidewalks.
It is unlawful to throw, cast or deposit, or permit to be cast, thrown or deposited on any street, alley, sidewalk or public or private premises, except in places where the superintendent of streets shall designate, any glass, metal, broken ware, rubbish, trash, dirt or garbage, or any substance or thing likely to make such places unclean, or obstruct or injure them; and it shall be unlawful to carry any matter upon any street or sidewalk exposed so as to be offensive. (Prior code § 13.16.150)
13.28.160 Spilling dirt, rubbish, etc. in transit.
Any person or persons transporting dirt, garbage, filth, stones, brick, mortar, sand, gravel, wood, shavings or other substances or things, upon or along any public place shall convey them in tight vehicles or receptacles so as to prevent their dropping or spilling, and it shall be the duty of any person hauling any of the things mentioned, to thoroughly clean the wheels, running gear and other parts of his conveyance before going on any paved street or alley. (Prior code § 13.16.160)
13.28.170 Sweeping dirt or refuse onto sidewalk.
It is unlawful for any person to sweep, cast or deposit into or upon any street, alley, sidewalk or public place, any refuse, dirt, papers, shavings or litter from premises owned, occupied or controlled by him; provided, that this section shall not be construed to prevent the sweeping of snow, or dirt resulting from travel and traffic, from any sidewalk into the street gutter. (Prior code § 13.16.170)
13.28.180 Placing wood or coal on streets.
It is unlawful for any person to place or maintain, or cause to be placed or maintained, any wood or coal, whether loose or in bulk, in or upon any of the streets, alleys or sidewalks in said city, except in the actual course of their receipt of delivery. (Prior code § 13.16.180)
13.28.190 Driving vehicles on sidewalks.
It is unlawful for any person to drive, wheel or draw upon any sidewalk, any kind of a vehicle except hand carriages for children, barrows and trucks for delivering and receiving of goods; and it shall be unlawful for any person to lead or drive any animal upon any sidewalk, or permit any beast of burden or any animal under his control, to stand upon or in any manner obstruct any crossing. (Prior code § 13.16.190)
13.28.200 Cutting wood on streets.
It is unlawful for any person to cut, saw or split any wood upon any sidewalk or street, or drag any logs or timber on any of the improved streets or sidewalks of said city. (Prior code § 13.16.200)
13.28.210 Cogs or projection rods prohibited on streets.
It is unlawful for any person hauling or driving over any paved street of the city, to attach or use on his vehicle any projecting rod or other form of brake, which would tend to destroy or injure the pavement of such street in any way whatsoever. (Prior code § 13.16.210)
13.28.220 Building fires, slaking lime, mixing mortar.
It is unlawful for any person to build any fire, slack lime, mix mortar, or place any sand or gravel or building material of any kind, or any other substance upon any of the paved streets of said city, without permission from the superintendent of streets; and in any event it shall be unlawful for any person to do any of the things herein mentioned without having a tight box or other receptacle for such substance, so constructed that none of such substance shall scatter or come in contact with the pavement of such street. (Prior code § 13.16.220)
13.28.230 Penalty for violations.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall upon conviction of such violation or failure be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed six months or by both such fine and imprisonment. (Ord. 293-74 § 2 (part), 1974; prior code § 13.16.230)
For statutory provisions concerning street construction and maintenance, see Chapter 35.77 RCW.