Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
12.04 Use of Streets and Sidewalks
12.08 Zone of Quiet and Play Streets
12.12 Excavations
12.16 Sidewalk Construction
12.20 Curblines and Grades
12.24 Street Numbering and Naming
12.28 Snow Removal
12.32 Trees
12.36 City Cemetery
Chapter 12.04
USE OF STREETS AND SIDEWALKS
Sections:
12.04.010 Obstructions on streets.
12.04.020 Placement of building materials upon streets or sidewalks– Authority to permit.
12.04.030 Placement of building materials upon streets or sidewalks– Duty to clean up rubbish.
12.04.040 Erection of buildings projecting into or over streets or sidewalks.
12.04.050 Discharge of water from eave pipes onto sidewalks.
12.04.060 Display of vehicles for sale upon streets.
12.04.070 Riding, driving or leading animals and vehicles upon sidewalks.
12.04.010 Obstructions on streets.
No person shall place, leave or keep on any public street, road, alley, sidewalk or other public ground in the city, any wagon, automobile, cart, truck, sleigh or other vehicle, except when the same shall be in actual use; nor shall any person place, leave or keep on any public street, road, alley, sidewalk. or other public ground in this city, any other article, substance or material which may obstruct the free use of the street, road, alley, sidewalk or public ground, except as hereinafter provided.
(Prior code § 11.0601)
12.04.020 Placement of building materials upon streets or sidewalks– Authority to permit.
The council is authorized to grant permission in writing to any person to deposit and keep lumber, stone, brick or other materials for building, in any public sidewalk, street, road or alley adjacent to the building to be erected or repaired, but such permission shall not excuse the obstruction or occupancy with such materials of more than one-third in width of any carriage way of any street or road.
(Prior code § 11.0602)
12.04.030 Placement of building materials upon streets or sidewalks– Duty to clean up rubbish.
Every person to whom permission may be granted, as provided in Section 12.04.020, to place and keep building material in the street, road or alley, shall cause all such material and the rubbish resulting therefrom, to be removed from such sidewalk, street, road or alley at the expiration of the time limited in the permit, unless the time shall for good cause be extended by the council; and any person depositing and keeping any building material on such sidewalk or in such street, road or alley under a permit from the council, shall during every night while the material shall there remain, keep one or more lighted lanterns or flares so placed that such material may be easily seen by persons passing along such sidewalk, street, road or alley.
(Prior code § 11.0603)
12.04.040 Erection of buildings projecting into or over streets or sidewalks.
No person shall erect or maintain any building in such a position that the same shall stand in whole or in part upon any public street, road, alley or sidewalk in the city, or so constructed that any part of the building proper shall project into or over such street, road, alley, or sidewalk; provided, that jut windows, cornices, and other projections from the buildings above the first story, may extend over an adjoining street, road, alley, or sidewalk, not exceeding eighteen inches; and no person shall construct any step, area, or other appurtenance to any building extending over or upon the sidewalk, nor shall any person erect in any public street or road any flight of stairs or step leading to any floor of any building.
(Prior code § 11.0605)
12.04.050 Discharge of water from eave pipes onto sidewalks.
No person shall place or maintain any pipe leading from the eaves of any building or any part of any building in the city in such a position that the water discharged from the roof of the building will flow upon or over any public sidewalk in the city.
(Prior code § 11.0606)
12.04.060 Display of vehicles for sale upon streets.
No person shall display for sale any vehicle or other personal property upon any of the streets or avenues in the city.
(Prior code § 11.0609)
12.04.070 Riding, driving or leading animals and vehicles upon sidewalks.
No person shall ride, drive or lead any horse or mule or drive or lead any cow or any other animal, upon any public sidewalk in the city, or draw or propel or cause to be drawn or propelled thereon any vehicle ordinarily drawn by horses; or drive or operate, or cause to be driven or operated, any motor vehicle upon any sidewalk in the city, except that the same may be driven across any sidewalk in entering or leaving the premises of any person if there shall be constructed a drive-way across the sidewalk at the premises.
(Prior code § 11.0608)
Chapter 12.08 Sections:
12.08.010 Authority to designate.
12.08.020 Territory in vicinity of hospital.
12.08.010 Authority to designate.
The council may declare any street or part thereof as "play street," and place appropriate signs or devices in the roadway indicating such use.
(Prior code § 12.0716(b))
12.08.020 Territory in vicinity of hospital.
There is created and established a "zone of quiet" in all territory within a distance of three hundred feet of the city hospital and it shall be unlawful for any person to make any unnecessary noise within this zone by fast driving or riding, ringing of bells, blowing of horns, whistles, or doing any other thing tending to disturb the peace, comfort and quiet of patients of the hospital.
(Prior code § 12.0716(a))
Chapter 12.12 Sections:
12.12.010 Permit– Required.
12.12.020 Permit– Application– Fee and bond requirements.
12.12.030 Supervision.
12.12.040 Barricades, lights, signs.
12.12.050 Cutting pavements– Deposit required.
12.12.060 Excavations near streets.
12.12.070 Openings in sidewalks.
12.12.080 Excavations under sidewalks.
12.12.090 Refilling.
12.12.100 Deposit forfeiture.
12.12.010 Permit– Required.
No person shall make or cause to be made any excavation in or under any street, parking, sidewalk, alley or public ground, or remove any earth, soil, paving, gravel or material therefrom without having first obtained a permit therefor as provided in this chapter.
(Prior code § 11.0701)
12.12.020 Permit– Application– Fee and bond requirements.
Application for such permit shall be made to the city finance officer, who shall secure the approval of the superintendent of streets before issuing any such permit. Such application shall be accompanied by a fee of five dollars, which amount shall be considered compensation to the city for the granting of such permit and the necessary investigation prior thereto. In addition to the hereinbefore described fee, the applicant shall deposit with the city finance officer not less than twenty-five dollars, or such larger sum as deemed necessary by the superintendent of streets to insure the replacement and refilling or any such excavation. In lieu of such deposit, a bond for the same purpose in the amount of one thousand dollars to be approved by the council, or a deposit in cash in such amount as may be determined by the city council, may be given covering all excavations for the year for which such bond or deposit is given. Before any such permit is issued, the person requiring the same shall state in this application therefor where such excavation is to be made, the extent thereof, in front of what lot or lots, for what purpose the excavation is to be made, and whether or not such person has a bond or annual deposit on file with the finance officer for making such excavation. If such applicant has not filed such bond or annual deposit, then before a permit shall be issued, such applicant shall furnish a bond or make the deposit as provided in this section with the city finance officer as a guaranty for the proper refilling of and guarding of such trenches and excavations while in the course of excavating or refilling and the maintenance of the same in good condition for a period of sixty days.
(Prior code § 11.0702)
12.12.030 Supervision.
The superintendent of streets shall supervise all excavations made for any purpose in the streets, alleys or public grounds, and he shall require that all excavations be backfilled in the manner specified.
(Prior code § 11.0704)
12.12.040 Barricades, lights, signs.
Any person receiving a permit to make excavations in or upon any street, alley, sidewalk or public ground shall, during the progress and continuance of the work, erect and maintain around the same both by day and night suitable guards, fences, flares and signals so as to prevent injury to persons, animals or vehicles on account of such excavations. Such flares shall be kept lighted from sundown until sunrise.
(Prior code § 11.0705)
12.12.050 Cutting pavements– Deposit required.
Where it is necessary to cut the street pavement in making any street excavation, there shall be deposited with the city finance officer before permit is issued an amount equal to thirty dollars for each square yard of pavement removed. The deposit shall be credited to the permanent street fund and be used by the department of streets in replacing the pavement.
(Ord. 13-77: prior code § 11.0707)
12.12.060 Excavations near streets.
It is unlawful for any person, owner or occupant of any lot to make or cause to be made any excavation on the lot adjacent to any street, alley, public ground, or traveled road, or roadway, except the same be securely guarded so as to prevent the injury of any person or animal passing upon or along the same.
(Prior code § 11.0708)
12.12.070 Openings in sidewalks.
It is unlawful to make, cause to be made or maintain any opening in any sidewalk for the purpose of providing light for a basement or cellar, or for ventilating the same, unless such opening shall be guarded with a substantial railing of iron not less than three feet high, or with a substantial iron grating or other strong substantial cover, the grates of which shall be not more than one inch apart. No railing or grate shall occupy more than two feet of the sidewalk, measuring from the inner side thereof.
(Prior code § 11.0709)
12.12.080 Excavations under sidewalks.
Any person having or erecting any building abutting upon any street, avenue or alley in the city, may excavate under the sidewalk to the curb for the purpose of constructing a cellar or basement under the sidewalk in front of or adjoining the building; provided, that the excavation shall be surrounded upon the outer side and ends thereof with a substantial wall, to be approved by the building committee, sufficient to maintain the sidewalk. The plan of the sidewalk shall be approved by the building committee; and provided further, that permission to make such excavations and to construct such sidewalk, shall be first obtained from the city finance officer. The excavation shall be securely guarded by barricades at all times, and by one or more lighted lanterns in the night time, so long as the same shall remain open.
(Prior code § 11.0710)
12.12.090 Refilling.
A. Any person making such excavation shall, when the same shall be completed, promptly and without delay, refill the same as provided in this section.
B. In refilling any excavation the earth shall be thoroughly settled as the refilling progresses by using water to compact the earth; the earth shall be thoroughly tamped in successive layers of approximately six inches, in such a manner that all the earth shall be replaced in the excavation leaving the surface in its original condition.
C. In making connection to fire hydrants for flushing excavations, all rules and regulations of the water department relating thereto shall be observed.
D. In all cases where excavations are made in the paved district, the earth shall be replaced in the manner above specified, and the pavement shall be replaced by the department of streets.
(Prior code § 11.0706)
12.12.100 Deposit forfeiture.
A. If at any time within sixty days after the issuance of the permit referred to in this chapter the superintendent of streets shall find that the work for which the bond or deposit was made does not stand a satisfactory test or has not been properly refilled, he shall notify the depositor in writing that the work must be put in satisfactory condition within three days, and if the depositor fails to comply with the terms of the notice, then the superintendent of streets shall have authority to cause such work to be put in proper and satisfactory condition and charge the expense thereof to the sum deposited. The balance unexpended at the expiration of sixty days from date of such permit shall upon order of the city council be returned by the finance officer to the depositor.
B. In cases where a deposit is put up for all work done by any person as provided in this chapter, the superintendent of streets shall have power to cause the repairing or refilling of any excavations made by such person if he fails to do so upon three days written notice, and the expense thereof shall be charged to his deposit, and such depositor shall immediately replenish such deposit to the original amount.
(Prior code § 11.0703)
Chapter 12.16 Sections:
12.16.010 Permit– Required.
12.16.020 Bond required.
12.16.030 Supervision.
12.16.040 Specifications.
12.16.050 Width.
12.16.010 Permit– Required.
Before any sidewalk or curbing is constructed within the limits of the streets and alleys in the city by any contractor or person for the owner or owners of abutting property, the contractor or person must first secure a permit therefor from the city finance officer.
(Prior code § 11.0303)
12.16.020 Bond required.
Before any such contractor or person shall receive a permit for the construction of any sidewalk or curbing within the limits of the streets or alleys of the city, such contractor or person must first execute a guaranty bond in an amount equal to the total amount of the work to be performed by him under the contract therefor, with good and sufficient surety approved by the city council; or may give a bond in the amount of one thousand dollars covering all work to be done by such contractor during the year in which the bond is given. All such bonds shall require that the contractor or person receiving such permit shall replace all sidewalks and curbing constructed by him at any time within the period of three years, from the time of completion of the sidewalks or curbing which, in the opinion of the city engineer, were not laid in accordance with the required specifications; provided, however, that no bond shall be required where the owner of the abutting property does his own work.
(Prior code § 11.0304)
12.16.030 Supervision.
The building and construction of all sidewalks and curbing within the limits of the streets and alleys of the city shall be done under direct supervision of the city and its duly appointed officers and agents and all such sidewalks shall be constructed on the grades as determined by the city.
(Prior code § 11.0301)
12.16.040 Specifications.
The construction of all sidewalks and curbing whether to be done by direct contract with the city or by contract with the abutting property owners, shall be done strictly in accordance with the specifications for sidewalks and curbing adopted by the council and on file in the office of the city finance officer. The council shall have full power to condemn work and material not in accordance with the requirements of the specifications.
(Prior code § 11.0302)
12.16.050 Width.
A. All sidewalks on Seventh Avenue between First Street West and First Street East shall be from the curbline to the property line.
B. All sidewalks on Sixth Avenue between First Street West and First Street East shall be from the curbline to the property line.
C. All sidewalks on Main Street from Fifth Avenue to Eighth Avenue shall be from the curbline to the property line.
D. Sidewalks on the south side of Seventh Avenue between Second Street West and First Street West and between First Street East and Second Street East shall be eight feet in width.
E. Sidewalks on the north and west of courthouse square shall be six feet in width.
F. All other sidewalks in the city shall be five feet in width.
(Prior code § 11.0305)
Chapter 12.20 Sections:
12.20.010 Curblines established.
12.20.020 Grades established.
12.20.010 Curblines established.
The curblines in the city are established as set out in schedule A" as prepared by the city engineer and now on file in the office of the city finance officer.
(Prior code § 11.0201)
12.20.020 Grades established.
The grades of streets and alleys in the city are established as set out in schedule B" as prepared by the city engineer and now on file in the office of the city finance officer.
(Prior code § 11.0202)
Chapter 12.24 Sections:
12.24.010 Official map adopted.
12.24.020 Designation of streets and avenues.
12.24.030 Starting point of numbering.
12.24.040 Numbering of platted property.
12.24.050 Numbering of buildings.
12.24.060 Placement of numbers on buildings.
12.24.070 General scheme of numbering followed.
12.24.010 Official map adopted.
The official map designated as Map A" on file in the office of the city finance officer and providing a number for each twenty-five feet of frontage on all streets and avenues in accordance with the provisions of the ordinance codified in this chapter is adopted as the official map for the number of buildings under the provisions of this title. All unplatted land which shall be hereafter platted and laid out in blocks, lots, streets and avenues shall be numbered in accordance with the provision of this title and the number placed on the official map.
(Prior code § 11.0106)
12.24.020 Designation of streets and avenues.
All streets running east and west shall be known and designated as avenues and all streets running north and south shall be known and designated as streets. The names of the streets and avenues in the city are hereby fixed and adopted in accordance with, and as designated and shown on the map of the city drawn by Cory & LeCocq and designated as Map A," now on file in the office of the city finance officer, which is designated and adopted as the official map of the city.
(Prior code § 11.0101)
12.24.030 Starting point of numbering.
A. First Avenue is designated as the starting point for the numbering of all streets or public thoroughfares running north and south. The first numbers immediately south of said First Avenue shall be one-hundred-one, and one-hundred-two; the numbering shall progress in a southerly direction and the numbers applying to the property fronting on the north and south streets immediately south of Second Avenue shall be two-hundred-one and two-hundred-two and at the beginning of each block thereafter, the numbers shall begin with the next consecutive hundred and one and hundred and two.
B. The starting point for the numbering of all buildings on all avenues or public thoroughfares running east and west is hereby designated as Main Street. The numbering shall progress both east and west from said Main Street. All numbers east of Main Street shall have appended thereto the designation "East" and all numbers west of Main Street shall have appended thereto the designation "West." Numbers apply to the property immediately east of Main Street and fronting on the east and west avenues or thoroughfares shall be one and two east, and the numbers apply to the property immediately east of First Street East shall be one-hundred-one and one-hundred-two east and at the beginning of each block thereafter the numbers shall begin with the next consecutive hundred one and hundred two east. The numbering of the east ad west avenues or thoroughfares west of Main Street shall progress in the same manner.
(Prior code § 11.0104)
12.24.040 Numbering of platted property.
Each twenty-five feet of platted property within the corporate limits of the city, abutting on any street or avenue shall be provided with a number and such number shall be the number of any house, building or structure the entrance of which is upon such twenty-five foot frontage.
(Prior code § 11.0102)
12.24.050 Numbering of buildings.
A. All buildings on the south side of all of the avenues or public thoroughfares running east and west situated east of Main Street shall be designated by even numbers and all buildings on the north side of all avenues or public thoroughfares running east and west and situated east of Main Street, shall be designated by odd numbers. All buildings on the north side of all avenues and public thoroughfares running east and west situated west of Main Street shall be designated by even numbers and all buildings on the south side of all avenues or public thoroughfares running east and west situated west of Main Street shall be designated by odd numbers.
B. All buildings on the west side of all streets or public thoroughfares running north and south shall be designated by even numbers and all buildings on the east side of all streets or public thoroughfares running north and south shall be designated by odd numbers.
(Prior code § 11.0103)
12.24.060 Placement of numbers on buildings.
The owners or tenants of each and every building within the platted portion of the corporate limits of the city shall apply to the city finance officer for the proper number of such building and shall place on or near the entrance thereof the proper number, such number to be substantially placed thereon to be suitable metal numbers not less than two and one-half inches in height.
(Prior code § 11.0107)
12.24.070 General scheme of numbering followed.
That in the event of any irregularities in the arrangement of streets, avenues or public thoroughfares, the general scheme of numbering as provided in this chapter shall be carried out as nearly as practicable in the preparing of the official numbering map and the numbers as shown on the map shall apply in all such cases.
(Prior code § 11.0105)
Chapter 12.28 Sections:
12.28.010 Duty of owner or occupant.
12.28.020 Failure of owner or occupant to remove– Removal by city.
12.28.030 Removal by city– Cost assessment.
12.28.040 Removal by city– Recovery of cost.
12.28.050 Violation– Penalty.
12.28.010 Duty of owner or occupant.
It shall be the duty of the owner or occupant or person in possession or in charge of any lot, parcel or plot of ground fronting or abutting upon any sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible to take snow and ice from such walk by reason of its being frozen to the sidewalk, the owner or occupant or person in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel.
(Prior code § 11.0401)
12.28.020 Failure of owner or occupant to remove– Removal by city.
If the owner or person in possession or in charge of any of the lots, parcels, or plots of ground fails or refuses to remove the snow or ice from such sidewalk within four hours of the falling of the snow or the forming of the ice, cessation of falling or blowing snow, but not sooner than eight a.m. nor later than five p.m. of that day, the city shall remove or cause to be removed the snow or ice each time it is necessary, and assess the cost thereof against the fronting or abutting property. The cost of removal shall be a minimum of one-half the hour rate. Costs exceeding the minimum assessment will be based upon actual time taken to remove snow or ice. The hourly rate is one hundred dollars per hour.
(Ord. 5-06: Ord. 9-00: prior code § 11.0402)
12.28.030 Removal by city– Cost assessment.
A. The officer in charge of streets shall cause an account to be kept against each lot for the removal of snow from the sidewalks each year and same shall be certified to the city finance officer on or before the fifteenth day of May of each year.
B. The finance officer shall prepare an estimate of the assessment against such lot for the removal of snow for the preceding winter and fall and submit the same to the council for its approval on or before the first day of June of each year, and shall publish in the official newspaper a notice to property owners of the time and place when and where the council will meet for the purpose of approving such estimate. Such notice shall be published at least one week prior to the date set for the hearing.
C. Upon the day so named, the council shall meet; and if they find the estimate correct, shall approve the same, with or without modification or amendments as they may deem proper, and file the assessment with the city finance officer. From the date of such approval and filing the same shall be a special lien against the various pieces of property described in the assessment and shall be collected in like manner as special assessments are now collected for public improvements.
(Prior code § 11.0403)
12.28.040 Removal by city– Recovery of cost.
In lieu of spreading the cost of such snow removal as a special assessment against the property in the discretion of the council, the amount may be recovered in a civil action against the owner or occupant of the property.
(Prior code § 11.0404)
12.28.050 Violation– Penalty.
Any person whose duty it shall be to remove snow as set forth in Section 12.28.010, and who fails to remove such snow within the time therein set forth, shall be guilty of a misdemeanor; and upon conviction thereof shall be fined not exceeding one hundred dollars in addition to the other penalties prescribed in this chapter; and in addition thereto, shall be liable so the municipality for any damage caused by the neglect to keep such sidewalk clear and free of snow and ice as provided in this chapter.
(Prior code § 11.0405)
Chapter 12.32 Sections:
Article I. Street and Park Trees
12.32.010 Definitions.
12.32.020 Responsibility for planting and maintenance.
12.32.030 Park board– Enforcement of provisions.
12.32.040 Park board– Inspection– Planting and maintenance plan development.
12.32.050 Park board– Interference with prohibited.
12.32.060 Planting.
12.32.070 Treating, trimming or pruning trees– License required– Bond.
12.32.080 Diseased and hazardous trees.
12.32.090 Hazardous trees declared a nuisance.
12.32.100 Dutch elm disease.
12.32.110 Violation– Penalty.
Article II. Trees in Public Places
12.32.120 Planting– Permit required.
12.32.130 Trimming– Responsibility– City's authority.
12.32.140 Injuring unlawful.
12.32.150 Guidewires.
12.32.160 Planting of trees and grass plots between sidewalk and gutter.
12.32.170 Public service corporations responsibility.
12.32.180 Appeals.
Article I. 12.32.010 Definitions.
As used in this article:
A. "Park trees" are trees and all other woody vegetation in public parks, and all areas owned by the city, or to which the public has free access as a park.
B. "Street trees" means the trees and all other woody vegetation on land lying between the right-of-way lines of all streets, avenues or ways within the city.
(Ord. 2-75: prior code § 11.0508(§ 1))
12.32.020 Responsibility for planting and maintenance.
The city herein takes the responsibility for the planting, maintenance and care and removal of all park trees. Planting, maintenance and care, and removal of street trees are primarily the responsibility of the abutting property owner. Removal of diseased street trees shall be the responsibility of the city.
(Ord. 12-77: Ord. 2-75: prior code § 11.0508(§ 2))
12.32.030 Park board– Enforcement of provisions.
The Redfield city park board shall have the responsibility and duty of enforcement of this article.
(Ord. 2-75: prior code § 11.0508(§ 3))
12.32.040 Park board– Inspection– Planting and maintenance plan development.
The park board shall make an annual inspection of the street and park trees.
They will develop a written plan for the care, trimming, planting, removal and other maintenance of these trees, and upon acceptance of the plan by the city council, shall administer the plan. The board, when requested by the city council, shall investigate and report on any special matter of question coming within the scope of its work. The board will also enforce the provisions of this article.
(Ord. 2-75: prior code § 11.0508(§ 4))
12.32.050 Park board– Interference with prohibited.
No person shall prevent or interfere with the park board or anyone assisting the park board while performing their duties.
(Ord. 2-75: prior code § 11.0508(§ 7))
12.32.060 Planting.
A. The city lists the following trees as acceptable for planting on its streets:
Small Trees
Flowering crabapples
Hawthorn
Ginnala maple
Flowering pear
May Day tree
Apricot
Chokecherry
Medium Trees
Kentucky coffee tree
Ohio buckeye
Amur cork tree
European Mt. ash
Large Trees
Hackberry
Basswood
Silver maple
Green ash
White poplar
Bur oak
Honey locust
Other species may also be planted from time to time as the board permits.
B. All plantings shall be spaced according to the following: small trees, twenty- five feet; medium trees, thirty-five feet; large trees, forty-five feet. In addition, no tree shall be planted twenty feet from any street corner, ten feet from fire hydrants or utility poles, or twenty-five feet from any existing tree, whether it is city or private. No trees shall be planted where the distance between curb and sidewalk is less than four feet. Small trees may be planted at four feet, medium trees at six feet, and large trees at eight feet or more. No trees except small trees may be planted under or within ten lateral feet of overhead utility wires, or over or within five lateral feet of any underground water, sewer or other utility line.
(Ord. 2-75: prior code § 11.0508(§ 5))
12.32.070 Treating, trimming or pruning trees– License required– Bond.
It is unlawful for any person or firm to engage in the business or occupation of trimming, pruning, treating or removing any trees or stumps within the city without first applying for and procuring a license. Before issuing a license, each applicant shall first file evidence of possession of liability insurance of one hundred thousand dollars. The applicant shall also pay a ten dollar license fee.
(Ord. 4-99: Ord. 2-75: prior code § 11.0508(§ 6))
12.32.080 Diseased and hazardous trees.
No tree shall be allowed to harbor any safety hazard to the general public, whether that tree is public or private, or to harbor any insect, disease or other pest that would be injurious or fatal to any other tree in the city. Such trees include those injurious to sewer, water, electrical or gas lines, those interfering with traffic and traffic-control devices and signs, those obstructing light from any street light, and those that are dead, or have broken or dead limbs that are unsafe.
(Ord. 2-75: prior code § 11.0508(§ 7))
12.32.090 Hazardous trees declared a nuisance.
Any hazard as described in Section 12.32.080 shall be declared a nuisance by the park board, and within fifteen days of written notice of the nuisance, shall be corrected by the responsible owner of the tree.
(Ord. 2-75: prior code § 11.0508(§ 8))
12.32.100 Dutch elm disease.
A. Any elm wood or elm tree, living or dead within the city, found to have the Dutch elm disease fungus, Ceratocystis ulmi, or which could harbor the European elm bark beetle. Scolytus multistriatus, and/or the native elm bark beetle, Hylurgopinus rufipes, shall be declared a nuisance.
B. The park board will make at least one other inspection of the elm trees for Dutch elm disease. If they, or experts working with them are unable to determine with reasonable certainty whether or not a tree is infected with Dutch elm disease, a sample shall be taken and a laboratory diagnosis made.
C. Any tree found to have Dutch elm disease, any elm wood which could harbor elm bark beetles, or any elm tree on private property found to harbor a public nuisance such as Dutch elm disease shall be removed within ten days of written notice that the tree has the disease. If compliance is not met within ten days, the city shall remove and assess the costs of removal to the property owner.
D. The park board shall keep a strict account of all costs of tree removals and other items under its jurisdiction in the event assessments are necessary.
(Ord. 2-75: prior code § 11.0508(§ 9))
12.32.110 Violation– Penalty.
Any person violating any provision of this article shall be, upon conviction or a plea of guilty, be subject to a fine not to exceed one hundred dollars.
(Ord. 2-75: prior code § 11.0508(§ 11))
Article II. 12.32.120 Planting– Permit required.
Any person desiring to plant any tree, hedge or shrub in any public street, parkway or boulevard, or other public place shall first secure a permit to do so from the mayor. Any boulevard trees removed pursuant to Section 12.32.130 shall be replaced by the occupant or owner, and the mayor may cause the same to be replaced and charge the expense thereof to the occupant or owner of the property.
(Ord. 6-87: prior code § 11.0502)
12.32.130 Trimming– Responsibility– City's authority.
The occupant of any private premises, or the owner of the same if not occupied, abutting on any public street, road or alley within the city, shall keep all trees standing upon such premises, or between the same and the center of the adjoining street, road or alley so trimmed that no bough or branch thereof shall be lower than seven feet above the surface of the street, road or alley or any sidewalk thereon; provided, that upon the failure of any occupant or owner to trim such trees as in this section provided, the city council of the city shall have authority to remove or cause to be removed under its supervision any trunk, limb or branch of any tree that is, or in the judgment of the council, which shall extend or hang lower than seven feet above the surface of any street, road, alley or sidewalk, whether such trees be growing on privately owned property or on public property, and may cause the same to be trimmed and charge the expense thereof to the occupant or owner of such property.
(Prior code § 11.0501)
12.32.140 Injuring unlawful.
It is unlawful for any person to injure any tree, herb, or shrub planted in any public place by physical means, use of herbicides, or any means whatsoever, nor shall any person remove or cut down any tree, hedge, or shrub in any such public place without first having secured a permit from the mayor so to do.
(Prior code § 11.0503)
12.32.150 Guidewires.
It is unlawful for any person to attach any wire or rope to any tree in a public place without having a permit from the mayor so to do.
(Prior code § 11.0504)
12.32.160 Planting of trees and grass plots between sidewalk and gutter.
It shall be lawful for persons owning or occupying lots or parcels of land within the city to embellish the same by planting shade trees within the limits of the street adjoining such premises; provided, that such shade trees are planted between the sidewalk and the gutter; also to make and keep in order lawns and grass plots between the sidewalk and curbing; and any person who shall injure such trees or any of them, or any shade trees now growing within the limits of any street, or any grass plot or lawn which may have been planted or made in conformity with this section, or any shade tree, shrub, flower or plant growing in any public or private grounds within the city, or cause the same to be injured by grading, breaking, tearing, cutting, picking, tying animals thereto, or in any manner, shall be subject to the penalties in the ordinance codified in this section.
(Prior code § 11.0507)
12.32.170 Public service corporations responsibility.
Any person, company or firm having the right to maintain wire, cables, and poles in the public street and alleys and any other public places must keep the before mentioned wire and cables, and poles free from and away from any trees or shrubs in such places so far as it may be possible, and shall keep all such trees and shrubs trimmed away from the poles and wires subject to the supervision of the mayor, and in making excavations in streets or other public places for underground services or the repair thereof, the person, company or firm shall take proper care to avoid injury to roots of any tree, hedge or shrub.
(Prior code § 11.0505)
12.32.180 Appeals.
Any person affected or grieved by any decision of the mayor shall file a petition before the city council, who shall within two days either affirm or modify the decision of the mayor.
(Prior code § 11.0506)
Chapter 12.36 Sections:
12.36.010 Name.
12.36.020 Care and management.
12.36.030 Sexton– Appointment– Removal.
12.36.040 Sexton– Duties.
12.36.050 Sexton– Bond required.
12.36.060 Appointment of laborers.
12.36.070 Rules and regulations.
12.36.080 Sale of lots.
12.36.090 Perpetual care.
12.36.100 Cemetery funds.
12.36.010 Name.
The city cemetery, owned and operated by the city of Redfield, shall be known as Greenlawn Cemetery.
(Prior code § 11.0901)
12.36.020 Care and management.
The care and management of the cemetery shall be under the control of the city council of the city.
(Prior code § 11.0902)
12.36.030 Sexton– Appointment– Removal.
The position of sexton of Greenlawn Cemetery as created by Ordinance 232 is continued. The sexton shall be appointed by the mayor with the approval of the city council and may be removed at any time without cause.
(Prior code § 11.0903)
12.36.040 Sexton– Duties.
The sexton shall devote all of his time to the care of the cemetery, and in addition to the duties herein recited, he shall perform such other duties as the rules and regulations relating to the cemetery, adopted by the council under authority of the ordinance codified in this section, shall require, or as he shall be required to perform by the mayor, for the best interest of the city, either within or without such cemetery. The sexton of the cemetery shall have general supervision and care of the cemetery, under direction of the council, and shall take care that all lots, lawns, walks, drives, trees, shrubs and plants therein are kept in proper order and condition. He shall be responsible for the location and digging of any graves for which proper permit has been delivered to him.
(Prior code § 11.0904)
12.36.050 Sexton– Bond required.
The sexton shall furnish to the city with qualified corporate surety, bond approved by the council in the amount of one thousand dollars and conditioned for the full and faithful performance of the duties of his position, as hereinafter in the ordinance codified herein, or by the rules and regulations made under this authority provided, and for the delivery to his successor of all property and things belonging to the city in his custody or under his control at the termination of his employment.
(Prior code § 11.0905)
12.36.060 Appointment of laborers.
The mayor shall appoint such assistants and day laborers as may be necessary for the proper care and maintenance and service of such cemetery. The compensation of the sexton shall be as determined by the city council.
(Prior code § 11.0906)
12.36.070 Rules and regulations.
The city council shall have the power to make such rules and regulations consistent with the ordinance codified in this chapter, fixing charges for services of employees of the cemetery incident to the burial and care of bodies and for the care, control, management, beautification and preservation of the cemetery.
(Prior code § 11.0910)
12.36.080 Sale of lots.
The council shall determine and direct from time to time the portion of the cemetery which is to be platted and laid out, and shall by resolution determine the price for which the lots and parcels of land in the cemetery are to be sold, and the limitations and conditions under which the sales are made and the city finance officer shall execute in full for the lots or parcels of lots, or grave spaces and deliver to the purchaser thereof certificate of purchase, executed by the mayor and attested by the city finance officer under the seal of the city, which certificate shall be substantially in the form adopted by the rules and regulations now or hereafter adopted by the city council.
ZONE OF QUIET AND PLAY STREETS
EXCAVATIONS
SIDEWALK CONSTRUCTION
CURBLINES AND GRADES
STREET NUMBERING AND NAMING
SNOW REMOVAL
TREES
Street and Park Trees
Trees in Public Places
CITY CEMETERY