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CHAPTER 5 Article 1 – General
Regulations Section
5.1.01
Location of Sidewalk The inner line
of the sidewalk: A.
Upon all ninety (90) foot streets shall be sixteen (16) feet from the lot
line; B.
Upon all sixty (60) foot streets shall be six (6) feet from the lot line;
and
C.
Upon all forty (40) foot streets shall be one foot from the lot line. The same
shall apply to all streets upon which no sidewalks have been constructed, except
the following sidewalks, which shall be placed four (4) feet from the lot line: A.
On the east side of Madison Street between First Street and Second
Street; B.
Between Third Street and Fourth Street; and
C.
On the west side of Madison Street between First Street and Fourth
Street. Sidewalks to
be constructed on either side of any other street in the City shall be placed as
to conform with the sidewalks already constructed upon that side of the street.
All blocks
upon which curb and gutter have been constructed, the sidewalk, with the consent
of the majority of the abutting property owners, shall be placed along and
abutting the curb and gutter. Any
trees, shrubbery, posts, fences, or other obstructions planted, constructed, or
placed along any street shall be not less than four (4) feet from the inner edge
of the sidewalk.
Section
5.1.02
Width of Sidewalk All sidewalks
in front of lots on Main Street, between First and Fifth Streets, shall be
sixteen (16) feet in width. All
sidewalks one (1) block to the east and one (1) block to the west of Main Street
on Second, Third, and Fourth Streets shall be eight (8) feet in width and shall
be placed four (4) feet from the inside of the sidewalk to the lot line.
All other sidewalks, except those herein before mentioned, shall be not
less than four (4) feet in width. All sidewalks
in front of lots upon Sixth Street, or any forty (40) foot street upon which no
sidewalks have been constructed, shall be four (4) feet in width and the inner
line thereof shall be placed one (1) foot from the lot line.
Sidewalks that have already been constructed upon either side of Sixth
Street, or any other forty (40) foot streets, other sidewalks shall be
constructed on either side of said street so as to conform to the sidewalks
already constructed.
Section
5.1.03
Parking The parking
abutting: A.
All ninety (90) foot streets shall be thirty (30) feet from the lot line; B.
All sixty (60) foot streets shall be fifteen (15) feet from the lot line;
and
C.
All forty (40) foot streets shall be five (5) feet from the lot line.
Section
5.1.04
Water Main Location Where any
water main of said City is located upon the line of any sidewalk to be
hereinafter built in accordance with the provisions of this Article, such
sidewalk shall be placed to the side of such water main so as not to interfere
with the digging up or repair of such main, but in no case shall the outer line
of such sidewalk be placed more than twenty (20) feet from the lot line.
Section
5.1.05
Trees If any trees
are planted in the parking upon any ninety (90) foot street mentioned herein,
they shall be planted in the center of the parking.
No trees shall be planted in the parking upon any forty (40) or sixty
(60) foot streets, but nothing in this Article shall effect the location of any
trees already planted in any such parking where planted, pursuant to the
provisions of an ordinance then in force.
Section
5.1.06
Dedicated Land That the
occupant, person in charge, or owner of any lot in the City which abuts or
adjoins a street or alley that contains dedicated land which is not being
utilized by the City, shall be responsible to cut the weeds and tall grass on
said unused dedicated land as if said person owned the land. In other words, the plats in the City establish that many
streets and alleys have been dedicated to include areas wider than actually used
by said City and that, if there is any grass or weeds growing on the unused
portion of said street or alley, the adjoining or adjacent landowners shall be
responsible for cutting the grass and weeds shall apply therein.
Section
5.1.07
Sidewalk Construction Material That all
sidewalks hereafter built in said City shall be of concrete and in accordance
with the specifications on file with the City Finance Officer.
Section
5.1.08
Supervision of Construction That no
sidewalk shall be constructed on any street without being constructed under the
supervision of a City Superintendent.
Section
5.1.09
Existing Sidewalks Nothing in
this Article shall apply to sidewalks already constructed pursuant to ordinance
then in force, upon any street except upon Main Street.
Section
5.1.10
Contractor’s Responsibility A.
The related costs of maintenance and restoration of approved haul roads
shall be the contractors’ responsibility;
B.
Any contractors performing jobs within the corporate limits of the City
who haul sand, rock gravel, cement, or debris shall designate to the City
Finance Officer any city street that the contractors will utilize in their
hauling as a haul road;
C.
Any haul road designated by the contractor shall be reviewed by the City
Engineer. If the City Engineer
finds that the haul road is not adequate for the contractors’ hauling, the
City Engineer may designate a different haul road for the contractor to use;
D.
If the contractor elects to use a different haul road than those
designated by the contractor or the City Engineer, the contractor shall secure
written approval from the engineer before the haul road is used;
E.
Before a contractor may use a designated haul road, a joint inspection of
the roads will be made by the contractor and the City.
Following the inspection, an agreement shall be executed on a form
provided by the City, signed by the contractor and the City, stating existing
conditions and setting forth any special conditions of restoration of the haul
road. This agreement shall be
approved by the City or City Engineer prior to hauling over the route;
F.
While hauling operations are in progress over the designated haul road,
the contractor shall maintain the haul road in a condition satisfactory to the
City Engineer;
G.
When hauling operations are completed, the contractor shall restore the
haul road to a condition that satisfies the conditions stipulated in the
agreement signed by the City and the contractor.
The City Engineer will determine the kind and amount of restoration work
required on the haul road, if any;
H.
The fact that other traffic has used the haul road concurrently with the
contractor shall not relieve the contractor of any obligation to maintain and
restore the haul road. If other
contractors concurrently haul materials over the same route, the City Engineer
will determine the amount of maintenance and restoration obligation to be
assessed against each contractor;
I.
Upon completion of the restoration work
on a haul road, a joint inspection of the haul route will be made by the
contractor and the City. If the
restoration is satisfactory, then the City shall execute a haul road release on
a form provided by the City;
J.
A contractor will not be required to designate a haul road unless the
contractor is going to haul more than five (5) loads of rock, gravel, cement,
sand, or debris over the City streets;
K.
Any contractor who fails to restore the haul road shall be civilly liable
to the City, for any damages does to the haul road; and
L.
It shall be unlawful for any contractor to fail to designate a haul road
or to fail to restore any damages done to a haul road and if a contractor
violates the provisions herein shall be fined pursuant to Section 14.01 per day.
Each day that a contractor is in violation shall be considered a separate
crime.
CHAPTER 5 STREETS AND SIDEWALKS Article 2 – Snow Removal and
Snow Routes Section
5.2.01
Snow Removal and Dumping No person
shall remove snow from private properties and dump the snow on a public street,
alley, highway, or right-of-way within the City.
Additionally, no person shall dump snow upon Highway 18 or cause any
other obstructions to be placed upon Highway 18 within the City.
Section
5.2.02
Snow or Ice Accumulation It shall be
unlawful for any person in charge of any lot or parcel of ground fronting or
abutting upon any public sidewalk within the City to permit or allow any
accumulation of snow or ice, which obstructs, impedes or in any manner
interferes with the free unobstructed and safe use of such sidewalk by
pedestrians, to be or to remain upon any sidewalk, along or in front of any lot
or parcel of ground owned, occupied or controlled by him or it, for more than
forty-eight (48) hours after the cessation of the storm during which the same
fell.
Section
5.2.03
Snow or Ice Removal In the event
that any person in charge of any lot or parcel of ground fronting or abutting
upon any public sidewalk within the City does not remove snow or ice that
obstructs, impedes, or in any manner by pedestrians within forty-eight (48)
hours after the cessation of the storm during which the same fell, then the City
may remove said snow and/or ice. The
City will do so and will assess the owner, occupant, agent, or person in charge
of said lot or parcel of ground snow or ice removal fees of $40.00.
Section
5.2.04
Unlawful Placement of Snow or Ice It shall be
unlawful for any person in charge of any lot or parcel of ground mentioned in
Section 5.2.02 hereof to permit, allow, or place any of said snow or ice as
mentioned in Section 5.2.02 hereof on any public street or alley within the
corporate limits of the City.
Section
5.2.05
Snow and Ice Removal Signs At any time
the Chief of Police finds it necessary for any streets or alleys of the said
City to be cleaned or to have the snow or ice removed there from, he shall have
signs placed in the center and on either end of any street intersection and in
the center and on either end of any alley to be cleaned or to have snow and ice
removed.
Section
5.2.06
Designated Hours Signs
mentioned in Section 5.2.05 hereof shall designate the hours between which no
person shall leave motor vehicle parked.
Section
5.2.07
Length of Notice The Chief of
Police shall have said signs placed as stated in this Article at least six (6)
hours prior to the time of said street cleaning or snow and ice removing.
Section
5.2.08
Designated Snow Routes The following
routes shall hereby be designated as official snow routes for purposes of
ambulances, medical vehicles, and other traffic traveling from Highway 18 to the
Winner Regional Hospital in Winner, South Dakota: A.
From Highway 18 or Second Street to the Winner Regional Hospital; B.
Lamro Street from Highway 18
to Seventh Street;
C.
Lincoln Street from Highway 18 to Seventh Street; and
D.
Wilson Street from Seventh Street to Eighth Street.
Section
5.2.09
Parking on Snow Routes All parking
upon the streets designated above as official snow routes, shall be prohibited
any time that there is an accumulation of four (4) inches or more of snow upon
the streets and said parking shall be prohibited until the snow has been removed
from said streets.
Section
5.2.10
Prohibitive Parking It shall be
unlawful for any person to leave, allow, or let remain parked on any street or
alley within the corporate limits of the City any motor vehicle, after the City
has caused signs to be placed on said streets prohibiting the parking of said
motor vehicles.
Section
5.2.11
Restricted Areas Any time that
four (4) inches or more of snow has accumulated, it shall be unlawful for any
person to leave, allow, or let a vehicle remain parked in the following
locations until the snow has been removed from said streets by the City: A.
On the outside parking lanes of Highway 18, a/k/a Second Street, within
the corporate limits of the City from the Lil Feller convenience store on the
east end to the Winner Food Center on the west end during upon said highway;
B.
Within the parking lanes on both sides of Highway 18, a/k/a Second
Street, within the City limits from the Lil Feller convenience store to the west
side Market;
C.
Upon Harding Street, between Seventh and Eighth Streets.
Section
5.2.12
Towing The City may
cause to be towed from the parking lanes and impounded, any vehicle which is
parked in the areas designated as no parking zones any time snow accumulation
has exceeded four (4) inches and that the owner, operator, or lessee of said
motor vehicle so towed must pay the towing charges before the vehicle will be
released to said owner, operator, or lessee. In the event
any motor vehicle is left parked on any said street or alley in violation of any
Section of this Article, the said Chief of Police is hereby directed to cause
such motor vehicle so parked in violation of this Article to be removed to the
City parking lot.
Section
5.2.13
Towing Fee Before any
person whose motor vehicle has been removed shall be returned possession of the
same, a fee of ten (10) dollars for towing shall be paid to the Chief of Police
or his authorized representative and said fee shall then be turned over to the
City Finance Officer who shall pay for the towing charge out of said monies. A storage
charge of ten (10) dollars per day
shall be assessed each vehicle until the vehicle is claimed.
The towing charge shall be assessed against said vehicle and must be paid
before the vehicle is removed from storage.
Section
5.2.14
Unauthorized Removal of Impounded Vehicles No person
shall remove a vehicle impounded by the City because of violation of traffic
ordinances until all fines or bonds, towing, and storage fee have been paid to
the City.
Section
5.2.15
Penalty
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