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Code Index | Title: 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17
Title 12: Streets, Sidewalks, and Public Places
12.04 Street Lines, Street Grades, Curbs and Gutters
12.08 Sidewalk Construction and Repair
12.10 Streets, Sidewalks and Public Places
12.12 Excavations
12.16 Snow Removal
12.20: Park and Recreation Facility
Chapter 12.04: STREET LINES, STREET GRADES, CURBS AND GUTTERS
12.04.010 Changing of street lines, curb lines and grades.
If the mayor and board of commissioners in their judgment shall change by ordinance the street lines, curb lines and grades in the town they shall indicate the change thereof on the plans, surveys and maps relating to the same.
(Prior code Art. X § 3)
12.04.020 Changing curb lines prohibited.
When the curb line on any street has been given by the mayor or the curb has been set in conformity with the proper lines and grades, it is unlawful for any person to change it. (Prior code Art. X § 10)
12.04.030 Manner of construction.
All curbs and gutters laid on any of the streets of the town unless otherwise provided for by ordinance, shall be made of concrete or other approved materials as specified, and such curb and gutter shall be a combination curb and
gutter. Every such curb and gutter shall be laid, under the direction of the mayor, or person appointed by him for purposes of this section, to conform to the grade established by authority and according to such plans and specifications as may be adopted by the town. (Prior
code Art. X § 11)
Chapter 12.08: SIDEWALK CONSTRUCTION AND REPAIR
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. (Prior code Art. X § 4)
12.08.020 Sidewalks—Repair by property owners and occupiers.
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. (Prior code Art. X § 5)
12.08.030 When town to do work required by Sections 12.08.010 and 12.08.020.
In the event the owner shall fail to grade and pave the sidewalk as provided in Section 12.08.010 within the time provided in the notice, or shall fail to relay or repair any such sidewalk, or portion thereof, as provided in Section
12.08.020 after notice, then the mayor shall cause any such work to be done at the expense of the owner. In the event the owner shall fail to pay the cost thereof within thirty (30) days after receiving a statement thereof from the mayor, then the town shall institute a suit
against the owner, in the Circuit Court for Frederick County or before the District Court for Frederick County according to the amount involved, for the recovery of the same. (Prior code Art. X § 6)
12.08.040 Proceedings against unknown or nonresident owners.
In case of a violation of Sections 12.08.010 or 12.08.020 and the owner is unknown or cannot be found or resides outside the town limits so that personal service of such notice cannot be made as provided in this chapter, then such
notice shall be published in some newspaper of general circulation in the town for two successive weeks, notifying the owner to have the work done on or before the expiration of thirty (30) days from the date of the last publication of such notice, and in the event such work
is not done within the time aforesaid, the mayor shall proceed to have it done in the same manner as he is authorized to proceed when the owner or occupier fails or neglects to do the same upon notice given, and the costs and expenses thereof shall be recovered from such
nonresident or unknown or absent owner either by suit or process of attachment. (Prior code Art. X § 7)
12.08.050 Grades, etc., to be obtained from mayor prior to work.
It is unlawful for any owner or occupier of any land bounding on any street to grade or pave any sidewalk bounding thereon until he shall have made application to the mayor and obtained from him the proper grade, location and width
of any such sidewalk. (Prior code Art. X § 8)
12.08.060 Slope of sidewalks.
The slope or rise of the sidewalk from the curb to the lot line shall not be more than one-half nor less than one-fourth of an inch to the foot and shall be in conformity to the grade of the street. It is unlawful to lay sidewalks to
any other slope or grade, unless otherwise fixed and determined by the town. (Prior code Art. X § 9)
Chapter 12.10: STREETS, SIDEWALKS AND PUBLIC PLACES
12.10.010 - Obstruction and Use of Sidewalks
Obstruction of Sidewalks Prohibited. Except as otherwise provided in this chapter or other provisions of the Code, it shall be 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 (4) 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 (7) 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 ordinance 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 ordinance shall in no way limit and/or encumber any other
property and/or the access thereto.
12.10.020 - Sidewalk Retail Displays.
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:
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All displays and goods shall be removed from the sidewalk during the establishment's non-business hours.
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The affected portion of the sidewalk shall be cleaned each day on which the business places retail goods and displays on the
sidewalk.
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No portion of the retail goods or display shall obstruct access to hydrants, streetlights, telephones, mailboxes, transit stops, or
any other public service facility on the sidewalk area or adjacent street.
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Retail displays shall not impede access to legally parked vehicles.
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The retail display shall not be placed in any location which obstructs the sidewalk in violation of this chapter.
12.10.030 - Sidewalk Cafes
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Defined. A "sidewalk cafe" is defined as any outdoor dining area located on a portion of the sidewalk immediately abutting or adjacent to a sponsoring
restaurant or other business establishment.
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A sidewalk cafe is allowed on a sidewalk area subject to the following conditions:
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The Sidewalk cafe shall consist solely of tables, chairs and/or umbrellas.
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The portion of the sidewalk in use as a sidewalk cafe shall be cleaned each day on which the sidewalk cafe is in use.
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The sidewalk cafe shall not be placed in any location which obstructs the sidewalk in violation of this chapter.
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No portion of the sidewalk cafe shall obstruct access to hydrants, streetlights, telephones mailboxes, transit stops, or any
other public facility on the sidewalk area or adjacent street.
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The utilization of the sidewalk area for a sidewalk cafe shall be limited to areas immediately adjacent and contiguous to the
property of the applicant. Furthermore, any utilization of the sidewalk and/or right-of-way pursuant to this ordinance shall in no way limit and/or encumber any
other property and/or the access thereto.
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 (1) 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.
12.10.050 - Roofs and Awnings
A roof and/or awning may be constructed above an existing stoop, in the public righ-of-way, so long as said roof and/or awning does not extend beyond the linear footprint
limits of said existing stoop. Any person and/or persons wanting to construct and/or install a roof and/or awning, as herein described, must obtain a standard building
permit in order to do so.
12.10.060 - Enforcement and Penalties
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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 ($50.00) for the first offense. The penalty for a second or subsequent violation of this chapter within twelve (12) months 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.
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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.
Chapter 12.12: EXCAVATIONS
12.12.010 Openings in streets.
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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.
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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.
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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.
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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.
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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.
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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. (Prior code Art. X § 1)
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. (Prior code Art. X § 2)
Chapter 12.16: SNOW REMOVAL
12.16.010 Removal of snow and/or ice from sidewalks.
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Whenever there shall be snowfall or freezing rain in the town, it shall be the responsibility of the owner of every parcel of real property, bounding upon a sidewalk, to remove or have removed, within twenty-four (24) hours from
the end of the storm, the snow and/or ice from the sidewalk and to restore the sidewalk to a condition safe for pedestrians who may walk thereon.
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Any person who violates this section shall be guilty of a municipal infraction and shall be fined twenty-five dollars ($25.00). Each day the violation continues shall be deemed a separate offense. (Ord. 86-1 § 1: Ord. 77-6 § 1:
prior code Art. X § 12)
12.04 Street Lines, Street Grades, Curbs and Gutters
12.08 Sidewalk Construction and Repair
12.12 Excavations
12.16 Snow Removal
12.20: Park and Recreation Facility
Code Index | Title: 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17 |
