§ 62-1. General regulations.

(a)

Maintenance and repair of public streets. All maintenance and repair of public streets, alleys, curbs, sidewalks, and other public ways shall be under the supervision of the public works superintendent, who shall have the responsibility of enforcing all provisions of this Code relating to such public ways.

(b)

Maintenance of sidewalks. It shall be the duty of all owners of property in the city upon which sidewalks have been laid, to keep such walkways properly maintained at all times and to remove from them all materials and substances, including snow and ice, hazardous to passersby within 12 hours after such material or substance accumulates thereon or within less time, if so ordered by the city council.

(c)

Maintenance of property between sidewalks and streets. All persons who own real estate in the city which abuts upon any sidewalk which is paved shall be required to keep that portion of such sidewalk which lies between the property line and the curb line of the adjoining street, and upon which his real estate abuts, in good and smooth condition and free from growing weeds and other obnoxious and unsightly vegetation or other things which would mar or detract from the beauty and cleanliness of the street upon which their property abuts. Any property owner who shall place or allow grass to grow upon the portion of the sidewalk lying between the property line and the curb line of the street as aforesaid, and upon which his real estate abuts, shall keep such grass properly mowed and free from rubbish of all kinds. If such owners are not in the possession of their property, then the responsibilities set forth in this section shall devolve upon their tenants of those who have possession or control of the property.

(d)

Defacing sidewalks, streets, and curbs. It shall be unlawful for any person to deface any public sidewalk, street, or curb in the city by painting any signs or making any marks thereon, whether for commercial advertising purposes or not, or to walk on, drive any vehicle upon, or injure in any way newly laid street, sidewalk, or curbing pavement while the street, sidewalk, or curbing pavement is guarded by a warning sign or barricade or is soft or newly laid.

(e)

Obstructions. It shall be unlawful for any person to cause, create, or maintain any obstruction on any street, alley, sidewalk, or other public way, except as may be provided in this article.

(f)

Deposits and discharges onto public ways.

(1)

It shall be unlawful for any person to deposit on any street, sidewalk, or other public way, any material which may be harmful to the pavement thereof, or any waste material or any glass or other matter which may do injury to any person, animal, or property.

(2)

It shall be unlawful for any person to discharge or allow to be discharged onto any public street or sidewalk any water or other fluid material containing objectionable material such as sewerage, waste milk, or other organic material.

(g)

Report of defects, obstructions, deposits, and discharges. It shall be the duty of every city officer and employee who becomes aware of any defect or obstruction, or of any unlawful deposit or discharge, in or on any public way of the city, to report the defect, obstruction, unlawful deposit or discharge to the street and garbage department as soon as possible.

(h)

Private use. It shall be unlawful for any person, partnership, corporation, or other business enterprise to use any street, sidewalk, or other public way as space for the display of goods or merchandise for sale or lease; or to write, make, or post any sign for commercial, political, or other advertisement on any such public way. (See also litter control provisions at section 58-64.)

(i)

Encroachments. It shall be unlawful for any person to erect or maintain any building or structure which encroaches upon any public street, way, or property, or to erect any poles or wires or maintain any poles or wires over any public place, street, alley, sidewalk, or other public way, without having first obtained a permit from the city clerk/treasurer in the manner specified in this article.

(j)

Openings; permit required. It shall be unlawful for any person to construct or maintain any opening or stairway in any public street, sidewalk, alley, or public way without first obtaining a permit from the city clerk/treasurer in accordance with the procedure established in this article.

(k)

Guarding of openings. All such lawfully maintained openings shall be guarded by a suitable strong cover or railing approved by the city council or by the appropriate committee created by such authority.

(l)

Trees and shrubs. It shall be unlawful for any person to plant, remove, injure, or cut any tree, bush, or shrub in or from any public street, sidewalk, or other public way or place without first obtaining a permit from the city clerk/treasurer in the manner specified in this article.

(Code 1982, § 13-101)