SIDEWALKS
CHAPTER 17.
17-1. Purpose. the purpose of this Chapter is to enhance safe passage by citizens on sidewalks, to place the responsibility for the maintenance, repair, replacement or reconstruction of sidewalks upon the abutting property owner and to minimize the liability of the city.
17-2. Definitions. For use in this Chapter the following terms are defined:
1. "Broom Finish": shall mean a sidewalk finish that is made by sweeping the sidewalk when it is hardening.
2. "Defective Sidewalk": shall mean any public sidewalk exhibiting one or more of the following characteristics: See attached diagram "Standards for Defective Sidewalks"
a. Vertical separations equal to three-fourths (3/4) inch or more.
b. Horizontal separations equal to one-half (1/2) inch or more.
c. The sidewalk has raised more than 2 inches in a eight to ten foot area from the normal line of grade of the sidewalk.
d. The sidewalk is depressed more than two inches in an eight to ten foot area from the normal line of grade of the sidewalk.
e. The sidewalk has cracked and sections are distorted or distressed with a vertical height difference of 1/2 inch or more or a horizontal separation of 2 inches or more.
f. Holes or depressions equal to three-fourths (3/4) inch or more and at least four (4) inches in diameter.
g. A sidewalk with any part thereof missing to the full depth.
h. Spalling over fifty (50) percent of a single square of the sidewalk with one or more depressions equal to one-half (1/2) inch or more.
i. Spalling over less than fifty (50) percent of a single square of the sidewalk with one or more depressions equal to three-fourths (3/4) inch or more.
3. "Established Grade": shall mean that grade established by this city for the particular area in which a sidewalk is to be constructed.
4. "One-course Construction": shall mean that the full thickness of the concrete is placed at one time, using the same mixture throughout.
5. "Abutting
property owner" means the titleholder or titleholders of any lot, tract or
parcel of real estate which adjoins any public street, highway, or avenue as shown by the records of
the
6. "Portland Cement": shall mean any type of cement except bituminous cement.
7. "Sidewalk Improvements": shall mean the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating,, filling or depositing of material in the public right-of-way in connection therewith.
8. "Wood Float Finish": shall mean a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.
17-3. Removal of Snow, Ice and Accumulations. It shall be the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within a reasonable time, the city may do so and assess the costs against the property owner for collection in the same manner as a property tax.
17-4. Responsibility for Maintenance. It shall be the responsibility of the abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.
17-5. Failure to Maintain - Personal Injuries. If the abutting property owner does not maintain or repair defective sidewalks as required and action is brought against the city for personal injuries alleged to have been caused by its negligence, the city may notify in writing any person by whose negligence it claims the injury was caused. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of alleged facts from which the cause arose, that the city believes that the person notified is liable to it for any judgment rendered against the city, and asking the person to appear and defend. Judgment obtained in the suit inconclusive in any action by the city against any person so notified, as to the existence of the defect or other cause of the injury or damage, as to liability of the city to the plaintiff in the first named action, and as to the amount of the damage or injury. The city may maintain an action against the person notified to recover the amount of the judgment together with all the expenses incurred by the city in the suit.
17-7. Sidewalk Construction Ordered. The council may, by resolution, order the construction or reconstruction of permanent sidewalks upon any street. Unless the owners of a majority of the linear feet of the property fronting on the improvement, petition the council therefore, new permanent sidewalks shall not be required unless three-fourths (3/4) of all the members of the council, by resolution, order the making thereof, all in accordance with state law for special assessments.
17-8. Permit Required. No person shall remove, reconstruct or install a sidewalk unless such person has obtained a permit from the city and has agreed in writing that said removal, reconstruction or installation complies with all ordinances and requirements of the city for such work.
17-9. Indemnification. Any person securing a permit as required above shall agree to hold the city free from all liability for damages on account of injuries received by anyone through the negligence of such person or his agents or employees in making the sidewalk improvements, or by reason of such person's failure to property guard the premises.
17-10. Sidewalk Standards. Sidewalks repaired, replaced or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:
1. Cement. Portland cement shall be the only cement used in the construction and repair of sidewalks.
2. Construction. Sidewalks shall be of one-course construction.
3. Sidewalk Base. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a three (3) inch sub-base of compact, clean coarse gravel, sand, or cinders shall be laid. The adequacy of the soil drainage is to be determined by the city.
4. Sidewalk Bed. The sidewalk bed shall be graded to the established grade.
5. Length, Width and Depth. Length, width and depth requirements are as follows:
a. Residential sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each section shall be no more than four (4) feet in length.
b. Business district sidewalks shall extend from the property line to the road. Each section shall be four (4) inches thick and no more than six (6) feet in length.
c. Driveway areas shall be not less than six (6) inches in thickness.
Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) on the property line, unless the council shall establish a different distance due to circumstances.
Slope. All sidewalks shall slope one-quarter (1/4) inch per foot towards the road.
Finish. All sidewalks shall be finished with a "broom" or "wood float" finish.
17-11. Barricades and Warning Lights. Whenever any material of any kind shall be deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the constructor or the owner, agent, or lessee of the property in constructor or the owner, agent, or lessee of the property in front of or along with such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved warning lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any of the purposes specified in this chapter shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this chapter or of any failure to comply with provisions hereof.
17-12. Failure to Repair or Barricade. It shall be the duty of the owner of the property abutting the sidewalk, or their contractor or agent to notify the city immediately in the event they fail or are unable to make necessary sidewalk improvements or to install or erect necessary barricades as required by this chapter.
17-13. Interference with Sidewalk Improvements. No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy mar or deface any sidewalk at any time or destroy, mar, remove or deface any notice provided by the chapter.
17-14. Awnings. It shall be unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least seven (7) feet above the surface of the street or sidewalk and the roof or covering is made of duck, canvas or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.
17-15. Encroaching Steps. It shall be unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of the council.
17-16. Openings and Enclosures. It shall be unlawful for a person to:
1. Stairs and Railings. Construct or build a stairway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the council.
2. Openings. Keep open any cellar door, grating or cover to any vault on any sidewalk except whole in actual use with adequate guards to protect the public.
3. Protect Openings. Neglect to properly protect or barricade all openings on or within six (6) feet of any sidewalk.
17-17. Fires on Sidewalks. It shall be unlawful for a person to make a fire of any kind on any sidewalk.
17-18. Fuel on Sidewalk. It shall be unlawful for a person to place or allow any fuel to remain upon any sidewalk.
17-19. Defacing. It shall be unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.
17-20. Merchandise Display. It shall be unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere with the free and uninterrupted passage of pedestrians on the sidewalk; in non case shall more than three (3) feet of the sidewalk next to the building be occupied for such purposes.
17-21. Sales Stands. It shall be unlawful for a person to erect or keep any stand for the sale of fruit, vegetables or erect or keep any stand for the sale of fruit, vegetables or other substances or commodities on any sidewalk without first obtaining a written permit from the council.
17-22. Water Over Sidewalks. The owner or occupant of any building shall not permit any pipe conducting water from the building to discharge water over the public sidewalk.
17-23. Penalties for Violation. Violation of this ordinance shall be a misdemeanor and the person, firm or corporation convicted of violating this ordinance shall be fined an amount not to exceed $100.00 or may be sentenced to thirty (30) days in jail.