Chapter 12.04
STREET AND SIDEWALK OBSTRUCTIONS
Sections:
12.04.010 Sidewalk obstructions.
12.04.020 Parking strip obstructions prohibited.
12.04.025 Parking strip tree planting--Permit required.
12.04.030 Parking strip tree planting--Permit request.
12.04.060 Parking strip obstruction removal.
12.04.070 Parking strip construction maintenance--Permit required.
12.04.080 Snow and refuse removal--Owner responsibility.
12.04.090 Snow and refuse removal--Gutters.
12.04.110 Trees--View obstruction prohibited.
12.04.120 Trees--Lombardy poplars prohibited.
12.04.010 Sidewalk obstructions.
A. It is unlawful for any person or entity to obstruct any of the sidewalks of the city by depositing or allowing to be deposited on any sidewalk in front of or alongside his place of business, property or property over which he has control, any item, including, but not limited to, boxes, signs, shrubbery, goods, wares, clothing, merchandise, produce and other food products, in such a manner as to impede the free and easy travel upon and use of such sidewalk. This section shall not prohibit the display of items related to the business or placement of temporary signs by businesses upon sidewalks unless such display unreasonably interferes with the free and easy travel upon and use of the sidewalk involved by all persons, provided, no merchandise or signs may be left on the sidewalk during the nonbusiness hours of the store for which the merchandise or sign is displayed, or for more than thirty minutes after sunset, whichever is earlier. This section shall not apply to necessary obstruction in the erection of buildings or other approved construction.
B. All items which are permitted to be placed on sidewalks pursuant to this section shall be at least three feet in height and easily visible or discoverable to persons using such sidewalk.
C. The permanent placement of trees, planters, flags, garbage cans, benches and other objects which enhance the appearance of the city shall be allowed upon written request submitted to the city clerk-treasurer provided such placement is approved by the city council.
D. It shall be the duty and authority of the chief of police to, in his discretion, determine when any sidewalk is obstructed in violation of this section and to notify the person(s) causing such obstruction to at once remove the same and on the failure of such person(s) to remove such obstruction at once, the chief of police shall arrest such person(s) for violation of this section.
E. Every person convicted of a violation of this section shall be fined not less than ten nor more than one hundred dollars plus the costs of prosecution. (Ord. 1457 §2(part), 2015; Ord. 1372 §1(part), 2008; Ord. 1127, 1994: prior code §12.04.010)
12.04.020 Parking strip obstructions prohibited.
A. No person shall place, erect or maintain any sign, advertising billboard, poster or any other obstruction of any type or nature upon that portion of any street within the city known as a “parking strip,” and being that portion of the street between the outer edge of any sidewalk and the paved and/or surfaced portion of the street.
B. The planting of trees, placement of mail boxes and public utility poles shall be the exception to the above prohibition. (Ord. 1070 §1, 1991: prior code §12.04.020)
12.04.025 Parking strip tree planting--Permit required.
No person shall plant or place a tree of any type upon that portion of any street within the city known as a “parking strip,” without first having received a permit from the city so to do. (Ord. 1070 §2, 1991)
12.04.030 Parking strip tree planting--Permit request.
Any person desiring to place and/or plant a tree upon the “parking strip” area shall first file with the city manager his written request therefor, and shall state in the written request the type of tree, together with the location thereof shown on a plot plan of the area, and the proposed height of the planting together with information concerning the nature of the tree(s) growth habits, i.e. natural shape, maximum height, and estimated years to maturity. Such request shall be referred to the city’s safety committee for approval or disapproval. Appeals of the decision of this committee may be heard by the city council at its discretion. (Ord. 1070 §3, 1991: prior code §12.04.030)
12.04.060 Parking strip obstruction removal.
The city council may in its discretion require such changes in the proposed planting or placement of any tree or obstruction as may be required to promote the general safety of the public. Any permits granted under this chapter shall be terminable at the will of the city council, and if any person maintaining such a tree planting or placement fails or refuses to remove the same after being notified by the city council so to do, the same shall be removed at the direction of the city council, and the cost of such removal shall be assessed against the owner of the real property adjacent to such parking strip. (Ord. 1070 §6, 1991: prior code §12.04.060)
12.04.070 Parking strip obstruction maintenance--Permit required.
No sign, advertising billboard, poster, or other obstruction upon any parking strip within the city, erected or placed prior to the effective date of the ordinance codified in Sections 12.04.010 through 12.04.070 shall be maintained and after the effective date of the ordinance codified in Sections 12.04.010 through 12.04.070, unless the owner thereof has secured a permit therefore in the manner provided in Section 12.04.030. (Prior code §12.04.070)
12.04.080 Snow and refuse removal--Owner responsibility.
From and after the taking effect of the ordinance codified in this section and Section 12.04.090, it shall be the duty of the owner and occupant of all property in the city, where there is a sidewalk on the street or streets abutting such property to keep all such sidewalks free and clean of snow. (Prior code §12.12.010)
12.04.090 Snow and refuse removal--Gutters.
It shall be the duty of the owner and occupant of all property in the city, where such property is abutting on a paved or macadamed street to keep the gutter on that portion of such street abutting such property clear and free of snow and refuse so as to let such gutters carry the waste off without obstruction. (Prior code §12.12.020)
12.04.100 Trees--Location.
All shade trees, electric, telephone and telegraph poles hereafter planted or set in or upon any street or highway, within the city limits, shall be planted or set in the centerline of the parking strip of the street or streets wherein they are to be planted or set; provided however that no Lombardy poplar shade trees shall hereafter be permitted to grow within the limits of any public highway, street or alley, within the city limits. (Prior code §12.16.010)
12.04.110 Trees--View obstruction prohibited.
In any district where street frontage setbacks are required, there shall be no fence, sign face, foliage, trees, shrubs, plants or similar view construction higher than thirty-six inches above curb grade, or in the event there is no curb then thirty-six inches above the centerline of the roadway; and no foliage, sign face or similar view obstruction lower than eighty-four inches above curb grade, or in the event there is no curb grade then no foliage, sign face or similar view construction lower than eighty-four inches above the centerline of the roadway, within any triangle, the two equal legs of which are formed by lines measured eighty-eight feet from the centerline of the intersection of the street at a street intersection. Nothing shall be construed in this section to prohibit installing signal standard posts or traffic sign posts. (Prior code §12.16.020)
12.04.120 Trees--Lombardy poplars prohibited.
It is unlawful, after the taking effect of the ordinance codified in Sections 12.04.110 through this section, for any person, firm or corporation to plant or cause to be planted any Lombardy poplar shade trees, within any of the public highways, streets or alleys of the city. (Prior code §12.16.030)
12.04.130 Barbed wire fences.
Hereafter, any fence which is adjacent to any public sidewalk within the city, shall not be constructed with barbed wire thereon, and no property owner shall permit any barbed wire to remain on any fence adjacent to any public sidewalk, or to build or permit any fence to remain or lean into any street in the city, along which a public sidewalk is constructed. If within thirty days after the taking effect of the ordinance codified in this section, the property owners shall fail to comply with this section, the chief of police shall cause the wire to be removed, or fence to be repaired, or removed from the street, at the expense of the owner of the property on which, or in front of which such fence is located, provided however, the property owner shall first be given six days’ notice to remove the wire or repair or remove the fence, either verbally by the chief of police, or by written notice by the city clerk-treasurer. (Ord. 1457 §2(part), 2015; Ord. 1372 §1(part), 2008; prior code §12.16.040)
12.04.140 Violation--Penalty.
A. It shall be the duty of the chief of police of the city to notify any owner or occupant of property abutting the streets mentioned in Sections 12.04.080 and 12.04.090 of their failure to so keep the sidewalk and gutter clear and free of snow and refuse, or either, within one day of such notice, such owner or occupant shall be guilty of an infraction and shall be subject to a fine of not less than twenty-five dollars and the cost of prosecution, and the city manager may direct such snow or refuse, or either, or both, removed from such sidewalk and/or gutter and the owner or occupant shall be liable to the city for the expense of so clearing such sidewalks and gutters of snow and refuse, or either.
B. Any person violating Sections 12.04.100 through 12.04.130 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars, and not more than fifteen dollars. Each day of violation of any section of this chapter shall be a separate violation. (Ord. 1457 §2(part), 2015; Ord. 1372 §1(part), 2008; Ord. 1019 §1, 1988; prior code §§12.12.030, 12.16.050)