Streets & Sidewalks
12.08.010 - Sidewalks—Construction of by property owners.
Whenever the grade of any sidewalk has been established, it shall be the duty of the owner of any land bounding thereon to lay a sidewalk not more than fifteen (15) feet, nor less than four feet wide, in the discretion of the board of commissioners, to be constructed of concrete, brick, or some other approved material equally as good, along any such property, to conform to the grade established by the town, within twenty (20) days after receiving notice in writing from the mayor.
It shall be the duty of all owners and occupiers of land to keep the sidewalks and footways bounding thereon in good and proper repair and at all times free of nuisances. Whenever, in the opinion of the town staff and with the approval of the town manager, any sidewalk, or portion thereof, is out of repair and should be repaired or relaid, the mayor shall notify the owner by notice in writing to repair or relay the same within twenty (20) days from the date of such notice.
Except as otherwise provided in this chapter or other provisions of the Code, it is unlawful for any person to obstruct any of the sidewalks of the town by placing thereon any boxes, barrels, goods, wares, tables, chairs, merchandise or any other thing or object. A clear, unobstructed width of at least four feet shall be maintained on the sidewalk at all times between such things or objects and other stationary structures, such as, but not limited to, parking meters, lights, telephones, poles, mailboxes, newspaper boxes, signs, walls, railings, steps, fire hydrants, trees, tree wells, or shrubs. A clear, unobstructed height of seven feet shall be maintained between the sidewalk surface and any overhead structure, such as, but not limited to, displays, tree branches, overhead signs, and awnings.
The utilization of any sidewalk and/or right-of-way pursuant to this chapter shall be subject to a permit, and shall be limited to areas immediately adjacent and contiguous to the property of the applicant. Furthermore, any utilization of sidewalk and/or right-of-way pursuant to this chapter shall in no way limit and/or encumber any other property and/or the access thereto.
Businesses located in a zoning district other than a residential or open space district may place retail goods and displays on the sidewalk immediately in front of their businesses on the following conditions;
A. All displays and goods shall be removed from the sidewalk during the establishment's non-business hours;
B. The affected portion of the sidewalk shall be cleaned each day on which the business places retail goods and displays on the sidewalk;
C. No portion of the retail goods or display shall obstruct access to hydrants, street lights, telephones, mailboxes, transit stops, or any other public service facility on the sidewalk area or adjacent street;
D. Retail displays shall not impede access to legally parked vehicles;
E. The retail display shall not be placed in any location which obstructs the sidewalk in violation of this chapter.
12.10.040 - Permit required.
An annual permit issued by the town shall be required for sidewalk retail displays, or to operate a sidewalk cafe, and the permit shall be valid for one year. Application for such permit shall be accompanied by such required fees as may be established from time to time by resolution of the mayor and board of commissioners. The permit shall be issued upon the payment of the required fees and upon a determination that the sidewalk cafe will be in compliance with the requirements of this section.
12.10.060 - Enforcement and penalties.
A. A violation of any provision of this chapter shall constitute a municipal infraction. The penalty for such violation shall be a fine in the amount of fifty dollars ($50.00) for the first offense. The penalty for a second or subsequent violation of this chapter within twelve (12) month period shall be a fine of one hundred dollars ($100.00) for each of the second or subsequent violations. Each day that a violation continues shall constitute a separate offense.
B.In addition to any fine for a violation of this chapter, if any person neglects or refuses to comply within a reasonable time with a notice from the town to remove an obstruction or abate an infraction of this chapter, then the town may remove the obstruction or otherwise abate the infractions, and the person refusing or neglecting to comply with the notice shall be liable to the town for the amount of the expense of removing the obstruction or abating the infraction.
12.12.010 - Openings in streets.
A. It is unlawful for any person to tear up any street paving for any purpose whatsoever, or to disturb the surface by digging holes or trenches in any street, sidewalk, park or public place within the town without first making application to the mayor and obtaining a written permit to do so, which permit the mayor is authorized to grant under such regulations as may be adopted by the mayor and board of commissioners.
B.Upon granting such permit, it shall be the duty of the applicant to perform the work for which the permit is issued without any unnecessary delay.
C.As soon as such work is completed, the street shall, without delay and within the time specified in the permit, be restored to as good a condition as it was prior to the opening thereof. The opening shall be repaved with the same kind and quality of material within which the balance of the street is paved, and such portions of the streets restored to their true and proper grade. The ditch shall be flooded if so directed by the mayor, and rammed from the bottom to the top. The work of refilling and repaving shall be done in a good and workmanlike manner and in a way satisfactory to the mayor.
D. In the event of refusal or neglect to comply with the aforesaid provisions, the offender shall be guilty of a misdemeanor and the repairs shall be made by the town, charged to the offender and collected as hereinafter provided.
E. Whenever the paving of a street, after having been torn up, has sunk below the proper grade of the street, it shall be the duty of the person digging the holes or trenches to again repave or rebuild at his own expense, as often as may be necessary, in order to completely restore the true grade of the street.
F. In the event of refusal or neglect upon receiving twenty (20) days' notice from the mayor to comply herewith, the offender shall be guilty of a misdemeanor. The mayor shall make, or cause to be made, the necessary repairs, the cost thereof to be collected from the person digging the hole or trench by suit at law or by attachment, in case of nonresidence.
12.12.020 - Blocking of streets under repair.
The town, by any of its departments or fully authorized employees or agents, is authorized and empowered to erect, set up or place a rope, chain, bar, board or other obstruction in or across any of the streets of the town which may be under repair for such time as it may be necessary, and no person shall throw down, remove or interfere with such obstruction.