Sec. 42-416. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agent means the person representing the owner of a property, which representative may be signified by a billboard, sign or card upon the property announcing that he has control or charge of the property either for the renting or care thereof; provided, however, that when an agent or broker, licensed or otherwise, shall have a billboard on a property, it shall be the duty of the police department, if possible, to ascertain from such agent or broker the party responsible for the care thereof.

Gutter means the passage provided for water along and on the roadway side of the curb.

Lessee means the holder of a property belonging to another, but not necessarily actively occupying the property.

Occupant means the person in active possession or care of a property.

Owner means the person having title to the property.

Sidewalk means the footway or walk which has been opened and used by the public between the curb line and the building line along any of the public streets in the city.

(Code 1968, § 45-115; Ord. No. 92-053(sub 1), § 1(a), 7-2-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 42-417. - Violations and penalties.

(a)

Every person failing, neglecting or refusing to perform any duty required by sections 42-418 and 42-419(a) of this article or continuing violation on any day succeeding the first conviction thereof shall be guilty of committing and maintaining a nuisance, and shall upon conviction thereof in the municipal court be punished by a fine of $1.00 per linear foot of uncleared sidewalk up to a maximum fine of $25.00 besides the cost of prosecution.

(b)

Any person found to be in violation of section 42-419(b) of this article or in continuing violation on any day or days succeeding the first conviction thereof shall be guilty of committing and maintaining a nuisance, and shall, upon conviction thereof in the municipal court, be punished by a fine of $1.00 per linear foot of uncleared sidewalk up to a maximum fine of $200.00 besides the costs of prosecution.

(Code 1968, § 45-121)

Sec. 42-418. - Duty to make pathway generally.

(a)

In case any snow shall fall or ice shall be formed on the sidewalk of any public street in the city, it shall be the duty of the occupant, lessee, owner or agent of the property which fronts or abuts upon any such sidewalk to remove, or cause to be removed, all such snow and ice from that one-half of the sidewalk of the property nearest the building line; and also, to make, or cause to be made, a pathway, no less than two feet in width, from such cleared portion of the sidewalk to the street gutter, by the removal of such snow and ice therefrom. The removal of such snow and ice shall be done within 24 hours after such snow may cease to fall or after the formation of such ice.

(b)

It shall be the duty of the occupant, lessee, owner or agent of those properties which front or abut upon the Downtown Mall to remove, or cause to be removed, all such snow and ice from that area of the mall extending six feet from the building line.

(Code 1968, § 45-116)

Sec. 42-419. - Procedure for making pathways and snow clearance.

(a)

In removing ice and snow from sidewalks, it shall be unlawful to deposit any part thereof in the gutters or on the roadway forming a part of such public street. Such snow and ice shall be deposited on the sidewalk at or near the curb.

(b)

In removing ice and snow from private motor vehicle parking areas, including commercial parking lots for motor vehicles, or from any area which is not open and used by the public, the following procedures shall apply:

(1)

Snow and ice shall be deposited wholly to the interior of the perimeter of the private lot or behind the building line and shall in no case be deposited so as to obstruct an adjacent sidewalk, gutter, or roadway forming part of a public street.

(2)

The snow and ice removed from a lot or parking area shall not be piled beyond a height of five feet without specific permission to do so by the public works commissioner, nor shall such snow and ice be placed within 15 feet of any fire hydrant.

(Code 1968, § 45-117; Ord. No. 92-053(sub 1), § 1(j), 7-2-92)

Sec. 42-420. - Removal of ice from sidewalks or gutters causing overflow of water from abutting, etc., premises.

If any ice shall be formed upon any sidewalk or in any gutter within the city by the drainage or overflow from any property, it shall be the duty of the person responsible for, causing or permitting such overflow to remove, or cause to be removed, such ice immediately after its formation, whether the same shall be formed upon the sidewalk or in the gutter abutting such property, or on the sidewalk or in the gutter of adjoining properties.

(Code 1968, § 45-118)

Sec. 42-421. - Order of responsibility.

In determining the person responsible under the provisions of sections 42-418 and 42-419, the following order will govern:

(1)

The occupant.

(2)

The lessee.

(3)

The owner.

(4)

The agent.

(Code 1968, § 45-119)

Sec. 42-422. - Duty of city officers and employees.

It shall be the duty of the officers, agents and servants of any of the various departments of the city, who shall have charge or superintendence of any properties owned by the city, to remove, or cause to be removed, at the expense of the proper department, from the sidewalk and gutter abutting such properties, all snow and ice in like manner and under like penalties provided in this article for private persons.

(Code 1968, § 45-120)

Secs. 42-423—42-440. - Reserved.