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Chapter 36 - Streets and Sidewalks

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Chapter Contents:

Article I - In General


ARTICLE II. STREET NAMES


ARTICLE III. CONSTRUCTION AND REPAIR

DIVISION 1. GENERALLY


DIVISION 2. CONSTRUCTION OF SIDEWALKS


DIVISION 3. REPAIR OF DESIGNATED SIDEWALKS


DIVISION 4. PRIVATE CONSTRUCTION OF STREETS, ETC.


ARTICLE IV. OBSTRUCTIONS AND ENCROACHMENTS

DIVISION 1. GENERALLY


DIVISION 2. OCCUPYING STREETS AND SIDEWALKS


ARTICLE V. EXCAVATIONS IN STREETS, ALLEYS AND SIDEWALKS


Sec. 36-1. Removal of snow and ice from sidewalks.

It shall be unlawful for any person, as agent or tenant or owning or occupying property abutting any street of the city to allow ice or snow to accumulate on the sidewalk in front of such property so owned or occupied by him, but shall keep such sidewalks cleared of snow and ice so as not to endanger or inconvenience pedestrians who might travel over such sidewalk. (Ord. 211, §1.)

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Sec. 36-2. Sidewalk and tree zone.

There is established and set apart, a strip of land from front property line to the curb or edge of the street on either side of all the streets in the residence portion within the city, to be known as the sidewalk and tree zone. In the construction of sidewalks, such sidewalks shall be set adjacent to the property line and shall be four feet six inches wide, unless otherwise provided by this Code or other ordinances. Where sidewalks exist, the remainder of the strip of land shall be used only for the purpose of planting grass, shade trees, and ornamental trees by the adjacent property owners. In the working or repairing of any streets, due regard shall be had for the purposes for which this strip of land or zone is dedicated. (Ord. 311, §1; Ord. 2705, §1.)

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Sec. 36-3. Throwing stones, etc., into streets, etc., prohibited.

No person shall throw any stones, bricks, pieces of wood, or other hard substances, in or across any street or alley in the city, or within any public place, or at or against any house, building or vehicle. (Ord. 51, §6.)

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Sec. 36-4. Writing, advertising, etc., on paving or sidewalks prohibited.

It is unlawful for any person to place or inscribe any sign, symbol, written or printed advertisement on any paving or sidewalk within the city. (Ord. 136, §1.)

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Sec. 36-5. Excavations to be bridged.

Whenever any person shall excavate the sidewalk of any street for building purposes, it shall be his duty to place a strong and substantial foot bridge over such excavation in line with the sidewalk, so that foot passengers may pass over it safely and conveniently at all times. (Ord. 535, §15.)

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Sec. 36-6. Permit to construct vault under sidewalk; plans to be approved.

The city council may, where requested by property owners, grant permits to construct vaults under sidewalks; provided, that the area which may be occupied under a sidewalk by a property owner in front of his building, shall be limited to the space between the building line and a line ten feet from and parallel to such line; provided, further, that detail drawings showing the plan of construction of the vault and written specifications for the same shall be submitted with the application. When approved by the city council and permit issued, the application shall be kept on file in the office of the city. (Ord. 535, §10.)

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Sec. 36-7. Openings in sidewalks.

Any opening in a paved sidewalk leading into an area or vault beneath, or into a cellar or basement, shall be fitted with wood or iron cover or grating, set in flagging even with the surface of the sidewalk and such cover or grating shall not have lock, hinge, nor any fastening projecting above the sidewalk and shall be secured in such manner as to prevent accident to anyone passing over it. (Ord. 535, §12.)

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Sec. 36-8. Abatement of violations by city upon failure of certain property owners to do so.

If, upon a trial for the violation of this Article, the judge of the municipal court shall find that a violation exists and that the defendant has had proper notice as provided in this Chapter, and that the defendant has failed to abate such violation, the judge of the municipal court shall, in addition to the penalty for violating this Chapter, make an order directing the officer designated by the city council to abate such violation forthwith and immediately report the expense thereof to the judge of the municipal court, who shall, as a part of the costs of such prosecution, render judgment against the defendant for the amount of such expense, which shall be collected as other fines and costs. (Ord. 2705, §1.)

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Sec. 36-9. Costs of abating violations of certain property owners to be collected by special tax bill.

If the person who shall violate, neglect, fail or refuse to comply with any provision, regulation or requirement of this Chapter is not located, after given notice as provided in this Chapter, the officer designated by the city council shall abate the violation and report the expense thereof to the city clerk, and a sum in the amount of such expense shall be collected from such nonresident by levying the same as a special tax against the real property where such violation shall have existed. (Ord. 2705, §1.)

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Secs. 36-10 to 36-11. Reserved.

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ARTICLE II STREET NAMES

Sec. 36-12. Application for change of street name - Deposit required.

That there is hereby established a requirement that any person seeking to apply to the City of Rolla, Missouri for a change of name of street shall, as part of the process therein, pay to the City of Rolla, Missouri the sum of $300.00 as a deposit to cover the expense of publication, the balance of which, upon the conclusion of the process, will be refunded to the applicant. (Ord. 2732, §1.)

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Sec. 36-13. Renaming Gene Street to Chestnut Drive.

The public street known as "Gene Drive", in the City of Rolla, Missouri, said street connecting McFarland Drive and Sycamore Drive, is hereby renamed and declared to be "Chestnut Drive." (Ord. 1951, §1.)

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Sec. 36-14. Renaming County Road No. 25 to Chapman Drive.

That all of that portion of County Road No. 25 lying within the corporate limits of the City of Rolla, Missouri, shall be and the same is hereby renamed Chapman Drive, and said road shall henceforth bear the name of and be designated as Chapman Drive in the City of Rolla, Missouri. (Ord. 2250, §1.)

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Sec. 36-15. Renaming Woodcrest Drive to Winchester Drive.

That certain road known as Woodcrest Drive located in the Woodcrest Estates Addition to the City of Rolla, Missouri, shall be and the same is hereby renamed Winchester Drive, and said road shall henceforth bear the name of and be designated as Winchester Drive in the City of Rolla, Missouri. (Ord. 2261, §1.)

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Sec. 36-16. Renaming Hazelwood Drive to H - J Drive.

That the street known as Hazelwood Drive be renamed H - J Drive. (Ord. 2412, §1.)

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Sec. 36-17. Naming of Lion's Club Drive.

That the city council finds it necessary to name that portion of the southeast arterial situated between the intersection of Highway CC and Highway 63 and the intersection of Highway O and the unnamed street commonly known as the proposed southeast arterial as Lion's Club Drive. (Ord. 2629, §1.)

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Sec. 36-18. Naming of Southview Drive.

That the city council finds it necessary to name that portion of a proposed unnamed collector situated between the intersection of Highway 72 and a proposed unnamed collector and running south to the city limits as Southview Drive. (Ord. 2629, §2.)

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Sec. 36-19. Changing the name of Pine Street (North of Highway 63) to Elm Street.

That the city council finds it necessary to change the name of Pine Street (North of Highway 63) to Elm Street as shown on Exhibit "A". (Ord. 2654, §1.)

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Sec. 36-20. Renaming Falling Leaves Lane to Dover Lane.

That the city council finds it necessary to change the name of Falling Leaves Lane to Dover Lane. (Ord. 2655, §1.)

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Sec. 36-20.1. Changing the name of Germann Road to Oak Knoll Road and Wildwood Court to Germann Court.

That the city council finds it necessary to change the name of Germann Road to Oak Knoll Road and Wildwood Court to Germann Court. (Ord. 2739, §1.)

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Sec. 36-20.2. Changing the name of Lake Vista Court to Del Mar Court and Century Court to LaJolla Court.

That the city council finds it necessary to change the name of Lake Vista Court to Del Mar Court and Century Court to LaJolla Court. (Ord. 2736, §1.)

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Sec. 36-20.3 Naming the street (between Brook Drive and Camelot Court in the Meadowbrook Subdivision) Lancelot Drive.

That the street located between Brook Drive and Camelot Court in the Meadowbrook Subdivision be named Lancelot Drive. (Ord. 3047, §1)

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Sec. 36-20.4 Changing the name of HiTech Drive, A.K.A. HiTech Boulevard to Brewer Drive.

That the city council finds it necessary to change the name of HiTech Drive, a.k.a. HiTech Boulevard to Brewer Drive. (Ord. 3048, §1)

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Sec. 36-20.5 Naming of Vista Drive.

(a) That after consideration, the city council has determined that a need exists to name an unnamed street to Vista Drive (see attached exhibit A).

(b) That a resolution was published for a period of seven days to provide notice of the proposed street name change.

(c) That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the city clerk their written protest against such proposed naming, that the city council shall consider this ordinance to name the unnamed street to Vista Drive.

Passed by the city council of the City of Rolla, Missouri and approved by the mayor this 6th day of November 1995. (Ord. 3089, §§1-3)

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Sec. 36-20.6 Changing the name of Vista Drive to Bluebird Lane.

(a) That after consideration, the city council has determined that a need exists to change the name of Vista Drive to Bluebird Lane (see attached exhibit A).

(b) That a resolution was published for a period of seven days to provide notice of the proposed street name change.

(c) That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the city clerk their written protest against such proposed change of name, that the city council shall consider this ordinance to change the name of Vista Drive to Bluebird Lane.

Passed by the city council of the City of Rolla, Missouri and approved by the mayor this 6th day of November 1995. (Ord. 3090, §§1-3)

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Sec. 36-20.7 Changing the name of Tucker Lane to Kent Lane.

(a) That after consideration, the City Council has determined that a need exists to change the name of Tucker Lane to Kent Lane.

(b) That a resolution was published for a period of seven days to provide notice of the proposed street name change.

(c) That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of Tucker Lane to Kent Lane.

(d) That this Ordinance shall be in full force and effect from and after the date of its passage and approval. (Ord. 3240, §§1-4)

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Sec. 36-20.8 Changing the names of Carl Line Ave. to Line Ave., Elmwood Dr. to Redwood Dr., Long View Ln. to Longview Ln., Co. Rd. 5110 to Osage Dr., Co. Rd. 5020 to Little Oaks Rd., Co. Rd. 5010 to Rolla St., Co. Rd. 7130 to Hartville Rd., Highway 63 to Bishop Ave., and Hwy CC and Private Rd. 5012 to Lions Club Dr.

(a) That after consideration. the City Council has determined that a need exists to change the name of Carl Line Ave. to Line Ave. Elmwood Dr., to Redwood Dr. Long View Ln. to Longview Lane, Co. Rd. 5110 to Osage Dr., Co. Rd. 5020 to Little Oaks Rd., Co. Rd. 5010 to Rolla St. Co. Rd. 7130 to Hartville Rd. Highway 63 to Bishop Ave. and Hwy CC and Private Rd. 5012 to Lions Club Dr.

(b) That a resolution was published for a period of seven days to provide notice of the proposed street name change.

(c) That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the names of certain streets in the southside annexation area. (Ord. 3252, §§ 1-3)

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Sec. 36-20.9 Changing the name of 14th Street, beginning at I-44 and going across Bishop Avenue to State Street, from 14th Street to University Drive.

(a) That after consideration, the City Council has decided to change the name of 14th Street, beginning at I-44 and going across Bishop Avenue to State Street, from 14th Street to University Drive.

(b) That a resolution was published for a period of seven days to provide notice of the proposed street name change.

(c) That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of 14th Street to University Drive.

(d) This Ordinance shall be in full force and effect from and after the date of its passage of approval. (Ord. 3557, §§1-4)

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Sec. 36-20.10 Change the street name of Curtis Street to Curtis Drive and Bishop's Alley to State Street. (City of Rolla)

(a) That after consideration, the City Council has decided to change the name of Curtis Street to Curtis Drive and Bishop's Alley to State Street.

(b) That a resolution was published for a period of seven days to provide notice of the proposed street name change.

(c) That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of Curtis Street to Curtis Drive and Bishop's Alley to State Street. (Ord. 3599, §§1-3)

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Sec. 36-20.11 Change the street name of State Route V to Hy Point Industrial Park Drive. (City of Rolla)

(a) That after consideration, the City Council has decided to change the name of State Route V to Hy Point Industrial Park Drive.

(b) That a resolution was published for a period of seven days to provide notice of the proposed street name change.

(c) That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of State Route V to Hy Point Industrial Park Drive. (Ord. 3612, §§1-3)

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Sec. 36-20.12 Change the street name of Halifax Court to Newcastle Court (City of Rolla)

(a) That after consideration, the City Council has decided to change the name of Halifax Court to Newcastle Court.

(b) That a resolution was published for a period of seven days to provide notice of the proposed street name change.

(c) That after four weeks of such publication a majority of the resident property owners along the line of such street have not filed with the City Clerk their written protest against such proposed change of name, that the City Council shall consider this ordinance to change the name of Halifax Court to Newcastle Court. (Ord. 3652, §§1-3)

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ARTICLE III CONSTRUCTION AND REPAIR

DIVISION 1. GENERALLY

Sec. 36-21. Construction specifications; supervision.

All street, sidewalk and alley construction, repair or improvement, whether by contract or otherwise, shall be carried on under the direction and supervision of the city engineer or some person designated by him according to the plans and specifications made and provided by such engineer. The work shall be done in a thorough and workmanlike manner and to the satisfaction of the officer in charge. Upon all questions concerning the execution of the work, the decision of the city engineer shall be final and he shall have power to discharge careless or incompetent workmen. (Ord. 535, §1.)

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Sec. 36-22. Inspection; removal and replacement of defective materials.

All material which may be used in construction or repairing any street, sidewalk, or alley shall be carefully inspected by the city engineer, or his representative, as it is being used and if any such material does not in quality or dimensions conform to the specifications under which the work is being done, the same shall be rejected. If any time during the progress of the work, any rejected or inferior material shall be found in the improvement being built under contract of if any portion of the work be found improperly done, such material shall be removed and such work rejected by proper material and work at the expense of the contractor. (Ord. 535, §2.)

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Sec. 36-23. Cost of repairing sidewalks, etc., paving, etc., streets, etc., to be assessed to abutting property owners.

The cost for making and repairing all sidewalks and sidewalk curbing, or the paving, macadamizing, guttering and curbing of all streets, avenues or alleys, shall be levied as a special assessment upon all lots and pieces of ground abutting on such sidewalks or streets along the distance improved, as provided by the statutes of the state governing cities of the third class. (Ord. 535, §3.)

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Sec. 36-24. Notice to certain property owners of repairs to be made; assessment of costs as a special tax.

Whenever the pavement of any street, sidewalk or alley is out of repair, the city engineer shall cause the same to be repaired; but he shall notify the owner, or his agent of the property adjoining that portion of the street, sidewalk or alley needing repairs, through the mail, at least five days prior to commencing any work or repair, that such repairs will be made. The cost of making such repairs shall be assessed as a special tax upon the adjoining proportion of the street, sidewalk or alley adjoining it. The city engineer shall keep an account of the costs of making any such repair and shall report the same to the city council for assessment. (Ord. 535, §4.)

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Sec. 36-25. Designating and barricading areas of construction repair or maintenance; prohibiting operation or parking of vehicles; removal of such vehicles.

(a) In those areas of the public streets, highways, alleys or sidewalks of the city where construction, repair or maintenance of any public facility is being undertaken or in the process of being accomplished by any employee or employees of the city, or any agency, department or board thereof, or any person or firm under contract to the city, or any agency, department or board thereof, such areas of such construction, repair or maintenance shall be delineated and designated by the placement of barricades so as to inform the public of the area where such construction, repair or maintenance of public facilities is in progress. Such barricades shall contain signs stating "Keep Out-Work in Progress."

(b) It shall be unlawful to operate any vehicle within or to park any vehicle within any such area of construction, repair or maintenance so designated by the placement of barricades, as provided in subsection (a) of this Section.

(c) Any vehicle parked within any such area of construction, repair or maintenance so designated by the placement of barricades, as provided in subsection (a) of this Section, shall be removed from such area by the city. (Ord. 1730, §1.)

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Secs. 36-26 to 36-30. Reserved.

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ARTICLE III CONSTRUCTION AND REPAIR

DIVISION 2. CONSTRUCTION OF SIDEWALKS

Sec. 36-31. Permit - Required.

No person shall lay, rebuild or repair, or cause to be laid, rebuilt or repaired, any sidewalk within the city, without first having obtained written permission from the city engineer to do so. (Ord. 535, §5.)

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Sec. 36-32. Same - For private construction when part of a public improvement.

Whenever the city council shall direct, by ordinance, the improvement of a public street or avenue by the construction of sidewalks, the city engineer shall, upon the application of the owner of any property fronting or bordering on such improvement, grant permission to such owner to construct the sidewalk in front of the property; provided, that if the permit is for the construction of a sidewalk in front of a corner lot, the permit will be given on condition that the sidewalk be laid to the curb lines of the intersecting streets; but without such permission no sidewalk shall be constructed. (Ord. 535, §7.)

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Secs. 36-33 to 36-37. Reserved.

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ARTICLE III CONSTRUCTION AND REPAIR

DIVISION 3. REPAIR OF DESIGNATED SIDEWALKS

Sec. 36-38. Repair of existing sidewalks; declaration of necessity for such repair; payment through issuance of special tax bill.

(a) Designated sidewalks: That the city council finds and declares that the Resolution passed and approved on the 5th day of May, 1986, deeming it necessary to repair existing sidewalks abutting property at the following locations:

Lots 3 & 4; Block 59; County Addition

Lots 1, 2, 3, 6 and 7: Block 45; Bishops Addition

Lot 1; Block 46; Bishops Addition

Lot 2; Block 66; County Addition

Lots 1 and 4; Block 61; County Addition

Lot 10; School View; 3rd Addition

Lot 1; School View; 3rd Addition

Lot 9; School View; 3rd Addition

Lot 2; Block 64; County Addition

Lot 10; Block 3; Barnitz Addition

Lot 3; Block 6; Rolla Proper Addition

Lots 1, 2, 3 and 4; Block 34; Bishops Addition

Lots 9 and 10; Block 103; Easton Addition

Lot 9 block 7; Townsend Addition

Lot 5; Block 9; Townsend Addition

Lot 10; Block 2; Townsend Addition

Lot 12; Block 17; Schuman Addition

(b) Publication of resolution: That the resolution was printed and published in the Rolla Daily News, a daily newspaper printed and published in the City of Rolla, Missouri, for seven consecutive insertions beginning on the 20th day of May, 1986, and that a majority of the resident property owners of the land that would be liable for the cost of the repairs at the date of the passage of the resolution, who own a majority of the front feet owned by residents of the City of Rolla abutting on the part of the sidewalk proposed to be repaired, have not within ten (10) days after the date of the last publication of the resolution filed with the city clerk their protest against such improvement.

(c) Issuance of special bills: That the existing sidewalk at the above mentioned locations is hereby ordered repaired in accordance with the resolution heretofore adopted therefore the plans, specifications and form of contract prepared by Missouri Engineering Corporation on file with the city clerk therefore which are hereby adopted for said repairs. The work is to be paid for in special tax bills issued against the property abutting the repairs at one-half the total cost of the repairs.

(d) Bids required: The city clerk shall advertise for bids for the repairs of existing sidewalks at the above mentioned locations in the City of Rolla, Missouri, for not less than seven consecutive insertions in the Rolla Daily News, a daily newspaper, printed and published in the City of Rolla, Missouri, all bids to be filed on or before 10:00 a.m., prevailing time on the 13th day of August, 1986, and opened in the presence of the city clerk. The city council at its next regular meeting thereafter may reject any and all bids.

(e) Effective date: This Ordinance shall be in full force and effect from and after its passage and approval.

passed by the city council of the city of rolla, missouri, and approved by the mayor this 7th day of july, 1986. (Ord. 2493, §§1-5; Ord. 2495, §1.)

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Secs. 36-39 to 36-43. Reserved.

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ARTICLE III CONSTRUCTION AND REPAIR

DIVISION 4. PRIVATE CONSTRUCTION OF STREETS, ETC.

Sec. 36-44. Permit - Required.

The city council may grant permission to owners of property fronting upon or adjoining any street, avenue or alley, to grade, construct or reconstruct the curbing, guttering, roadway paving or sidewalk paving of such street, avenue or alley at the property owner's own cost and expense. (Ord. 535, §8.)

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Sec. 36-45. Same - Conditions of permit; approval of plans etc.

All permits required by Section 36-44 shall be given upon the express condition that they shall not be construed to impair in any way the right of the city to reconstruct such streets, avenues or alleys at any time, nor to entitle the permittee to any claim for damages against the city for reconstructing the same.

All such work shall be done under the supervision of and according to plans and specifications made by the city engineer and approved by the city council. The roadways of streets, avenues and public highways constructed or reconstructed under a permit issued under Section 36-44 shall be cleaned and repaired by the city as other streets of similar material and construction are cleaned and repaired. (Ord. 535, §8.)

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Sec. 36-46. Same - Deposit-Prerequisite to issuance.

Before a permit under Section 36-44 is issued the person making application therefore shall pay into the city treasury a sum of money to be fixed by the city council, but not less in any case than two hundred and fifty dollars. (Ord. 535, § 9.)

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Sec. 36-47. Same - Same - Use; refund.

The sum deposited under Section 36-46 is to be a special fund out of which shall be paid the cost of all engineering and inspecting which shall become necessary on account of any work done under such permission, as well as all costs of refilling or any other expense to which the city may be put on account of such work or of any violations of the conditions or regulations under which the same is done and if after deducting all payments made by the city there be any remainder, it shall be returned to the person by whom the fund was deposited. (Ord. 535, §9.)

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Secs. 36-48 to 36-52. Reserved.

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ARTICLE IV OBSTRUCTIONS AND ENCROACHMENTS

DIVISION 1. GENERALLY

Sec. 36-53. City engineer to report obstructions, etc., to city attorney.

Whenever it shall come to the knowledge of the city engineer that any street, alley, sidewalk, curbstone, avenue or carriage way, which has been duly dedicated or established according to law, has not been opened, or is in any manner obstructed, or that there are any encroachments upon any such public highway within the city, he may upon his own motion or shall, at the desire of any person interested in such obstruction, if he shall find that the removal of such obstruction is desirable as a matter of public convenience, immediately give the city attorney information thereof in writing, which shall be accompanied by a plat showing such obstructions or encroachments. (Ord. 535, §26.)

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Sec. 36-54. Order for removal of obstruction, etc., to be executed by chief of police.

The city attorney, upon the receipt of such information and plat as required by Section 36-53 shall prepare a written order for the removal of obstructions or encroachments, which shall be signed by the mayor and the city attorney and directed to the chief of police or any other police officer who shall immediately proceed to execute the same. (Ord. 535, §27.)

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Sec. 36-55. Notice to remove.

Upon the receipt of an order as set out in Section 36-54 the chief of police or any other officer shall give the owner of the property fronting upon obstructions or encroachments, and the occupant thereon, at least five days' notice in writing that if such obstructions or encroachments are not removed upon the expiration of the time mentioned in such notice that the obstructions or encroachments will be removed by the city at the expense of such owner.

If, after diligent search, the chief of police is unable to find any of the owners of the property fronting upon any obstructions or encroachments described in Section 36-53, he shall immediately give such notice by publication in a newspaper published in the city and the notice when so published in the city shall be directed to all owners of the property who are known to the chief of police and shall contain a brief description of the property to owners who are absent or unknown. (Ord. 535, §§28, 29.)

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Sec. 36-56. Removal by city upon failure of certain property owners to do so.

If, upon the expiration of the time mentioned in the notice described in Section 36-55, the obstructions or encroachments are not removed the city shall proceed to remove the same and the expense of such removal shall be advanced by the city out of the street fund. (Ord. 535, §30.)

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Sec. 36-57. Costs of removing obstructions, etc., to be prorated among certain property owners and collected by special tax bill.

As soon as the amount of the entire expense of each removal as described in Section 36-56 shall have been ascertained, it shall be assessed in favor of the city against the ground fronting upon the obstruction or encroachment, pro rata and the owners thereof and a special tax bill shall be issued thereafter by the city and delivered to the collector for collection. (Ord. 535, §31.)

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Sec. 36-58. Removal, storage, etc., of rubbish, etc., from burned buildings.

Whenever a public walk, street or alley is obstructed by debris or rubbish caused by the burning of any building, it shall be the duty of the owner of such property or his duly authorized agent to cause the same to be removed within seventy-two hours thereafter. All serviceable building materials which may be collected after the burning of the building, may be placed, by the owner, upon the street in front of his property; provided, that in no case shall the space thus occupied exceed that permissible in Section 36-65, nor shall such materials be allowed to occupy this space for a period longer than one month, unless a building permit be taken out and a permit from the city engineer be issued for the occupation of such alley, street or sidewalk. (Ord. 535, §22.)

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Sec. 36-59. Removal of yard waste.

Whenever a public right-of-way, walk, street, alley, curb, gutter storm water drainage ditch or public stream shall become obstructed by or have placed upon or in its yard waste or refuse as defined in Section 18-1 of the Rolla City Code and the city engineer shall have followed all procedures set forth in Section 36-53 to 36-56, of the Rolla City Code, the City may assess the expense of removal in favor of the City against the owners of the ground fronting or abutting upon the obstruction and special tax bill shall be issued thereafter by the City and delivered to the collector for collection. (Ord. 2848, §2)

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Sec. 36-60. Failure to remove yard waste; penalties.

Whenever any person, after first being given notice by the city engineer that he has caused an obstruction as defined in Section 36-59, shall intentionally fail to remove the yard waste causing the obstruction, he shall be guilty of a municipal ordinance violation punishable by fine not to exceed $500.00 and imprisonment not to exceed 90 days. (Ord. 2848, §3)

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Secs. 36-61 to 36-63. Reserved.

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ARTICLE IV OBSTRUCTIONS AND ENCROACHMENTS

DIVISION 2. OCCUPYING STREETS AND SIDEWALKS

Sec. 36-64. Permit - Required.

It shall be unlawful to occupy or obstruct any street, alley or sidewalk without a permit from the city engineer. (Ord. 535, §22.)

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Sec. 36-65. Same - Extent of permit generally.

The extent of occupation of a street, alley or sidewalk or part thereof for which a permit may be granted by the city engineer, shall be as follows:

(a) The permit required by Section 36-64 shall not authorize the occupation of any sidewalk, street, or alley or part thereof, other than that immediately in front of or in the rear of the premises for the building upon which the permit is issued.

(b) Earth taken from the excavation and rubbish taken from buildings must not be scattered upon sidewalks or roadway of streets or alleys and must be removed from day to day as rapidly as produced and where dry rubbish, likely to produce dust, is being handled, it must be kept wet so as to prevent being blown about by the wind.

(c) Red lanterns shall be displayed and maintained during the whole of every night at each end of every pile of material in any street or alley and at each end of every excavation.

(d) If the written consent and a waiver of claims of damages against the city of the owners of the property abutting upon the site of the proposed building, is first obtained and filed with the city engineer, the permission to occupy the roadway may be extended beyond the limits of a building under paragraph (a) of this Section, upon the same terms and conditions as fixed for the streets in front of the building sites themselves. (Ord. 535, § 22.)

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Sec. 36-66. Same - Application.

Any person desiring temporarily to occupy any portion of any public street, alley or sidewalk for the purpose of placing thereon materials or rubbish from building operations or for excavation of any area under a sidewalk or for any purpose whatever in connection with the erection, removal, alteration or repair of any building or other structures, shall apply to the city engineer for a permit for temporary occupation as permitted by Section 36-64. (Ord. 535, §22.)

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Sec. 36-67. Same - Deposit - Prerequisite to issuance; purpose of deposit.

The permit required by Section 36-64 shall only be issued by the city engineer upon the presentation of the city treasurer's receipt that the applicant has deposited with the city treasurer the sum of twenty-five dollars to be used by the city engineer to defray expenses by reason of a failure of the person to whom the permit may be issued to keep the streets, alleys and sidewalks adjacent to the premises where the building operations are carried on in a clean and orderly condition during the time for which permission for the temporary occupation is granted. (Ord. 535, §22.)

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Sec. 36-68. Same - Same - Duty to replenish; failure to replenish.

Whenever the whole or part of the deposit required by Section 36-67 shall have been expended for the purpose described in Section 36-67, the city engineer shall notify the person to whom the permit may be issued to pay as much money into the city treasury as will bring the deposit again up to the amount required by Section 36-67. In the event of the failure of the permittee to deposit such additional sum, the city engineer shall revoke the permit and it shall be unlawful to occupy any of the streets, alleys or sidewalks with materials, dirt or rubbish after the revocation of the permit, or to neglect or refuse to remove all materials, dirt and rubbish from the streets, alleys and sidewalks after having been notified to do so by the city engineer. (Ord. 535, §22.)

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Sec. 36-69. Same - Same - Refund.

Whenever any person who has a deposit with the city treasurer for the purpose of taking out permits as herein described in this division, desires to withdraw the deposit, he shall notify the city engineer, who thereupon shall certify to the city treasurer a voucher for the unexpended balance of the said deposit; provided, that all streets or alleys or sidewalks have been cleaned as required to the satisfaction of the city engineer. The treasurer shall draw a warrant in favor of the person for the amount standing to the credit of the special fund created by the payments provided by this division and shall take his receipt in full of all claims against the city on account of such payments. (Ord. 535, §22.)

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Sec. 36-70. Keeping streets, etc., clean during operations.

It is the duty of any person carrying on any building operations to keep the streets, alleys and sidewalks adjoining the premises where the operations are conducted in a clean and orderly condition during such operation and at the expiration of the time stipulated in the permit required by Section 36-64, or whenever ordered by the city engineer, the person to whom the permit may be issued shall remove all materials and rubbish from the streets, alleys and sidewalks adjoining the premises and shall leave the same in a clean and orderly condition. (Ord. 535, §22.)

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Sec. 36-71. Right of city to clean streets, etc., on failure of permittee to do so; recovery of costs from deposit.

The city engineer is authorized to clean the streets, alleys or sidewalks adjoining any premises where building operations are being carried on, whenever the same may be found in an unclean or disorderly condition and he shall remove or repile any building materials or rubbish or obstructions which may be found outside the spaces authorized by the permit to be occupied, or within ten feet of any fire plug. He shall cause a voucher for the payment of the costs of such cleaning or removal to be issued which shall be charged against and paid from the deposit provided in Section 36-61. (Ord. 535, §22.)

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Secs. 36-72 to 36-76. Reserved.

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ARTICLE V EXCAVATIONS IN STREETS, ALLEYS AND SIDEWALKS

Sec. 36-77. Permit - Required; exception.

No person shall make or cause to be made any excavations in any public street or alley without written permission of the city engineer to do so, except public work done under the authority of the city council. (Ord. 535, §13.)

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Sec. 36-78. Same - Deposit prerequisite to issuance; amount of deposit.

The permit required by Section 36-77 shall be issued by the city engineer and such permit shall not be issued by the city engineer until such time as the applicant deposits with the city such sum as shall be determined by the city engineer, but not less than eighty dollars. (Ord. 535, §18; Ord. 982, §1; Ord. 1933, §1; Ord. 3285, §2)

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Sec. 36-79. Restoration of streets, etc., by city if permittee fails to do so; recovery of costs from deposit, etc.

In the event that a street, avenue or alley is not restored to its original condition, as determined by the inspection of the city engineer, within a period of thirty days from and after the date when such excavation shall have begun, then such street, avenue or alley shall be restored to its original condition by the city and the costs and expenses to which the city may be put, on account of such or any violations of the conditions or regulations under which the same is done, shall be paid from the deposit made with the city, and if after deduction of all payments for restoration expense, and a twenty-five dollar inspection fee, there be any remainder, it shall be returned to the person who made the deposit. (Ord. 535, §18; Ord. 982, §1; Ord. 3285, §4)

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Sec. 36-80. Fencing excavations, etc.; placing lights, etc., on obstructions, etc.

Every person who shall make any excavation in or adjoining any public street, alley or public place, shall cause the same to be fenced in with a substantial fence not less than three feet high, and so placed as to prevent persons, animals or vehicles from falling into such excavations. Every person making any such excavations and every person who shall occupy any portion of any public place with building materials or any obstruction, shall cause one red light to be securely and conspicuously posted on or near such excavation, building material or obstruction; provided, that such obstruction does not extend more than ten feet in length, and if over ten feet and less than fifty feet, two red lights, one at each end, and one additional light for each additional fifty feet or part thereof, and shall keep such lights burning during the entire night. (Ord. 535, §16.)

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Sec. 36-81. Closing streets, etc., temporarily for repair work.

The city engineer is authorized, with the approval of the city council to close any street, alley, public place or highway and withdraw the same from public use temporarily and during such period as work on such street, alley or public place shall make such action necessary. No person shall use or attempt to use such street, alley or public place or highway withdrawn from public use, or drive or attempt to drive any animal or vehicle on such street, alley or public place. (Ord. 535, §24.)

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Sec. 36-82. Manner of performing work - Generally.

In excavating in any street or other public way, all material for paving or macadamizing must be removed with the least possible injury or loss of the same, and together with the excavated materials from the trenches must be placed where they will cause the least possible inconvenience to the public. The width of the excavation shall be no greater than is necessary for doing the work and whenever it shall be deemed necessary by the city engineer, sheeting and bracing shall be used to keep the sides of the trenches perpendicular and prevent unnecessary caving. The street must be opened in the manner which will cause the least inconvenience to the public, and admit the uninterrupted passage of water along the gutters, and every precaution must be taken to protect the trench so as to insure the public safety.

In all excavations select backfill materials shall be required. "Select back-fill materials" shall mean crushed limestone aggregate having top size of one inch and uniformly graded with necessary fine aggregates to obtain maximum density. All trenches shall be filled in their entirety with such select back-fill materials. All excess earth or dirt removed in the process of such excavation shall be removed from right-of-way by such person or his agent holding permit for such excavation. (Ord. 535, §14; Ord. 1294, §1.)

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Sec. 36-83. Same - Length of excavation limited; exception.

No excavation shall be made in any public street, alley or highway more than two blocks in length at any one time except by special permit from the city engineer. (Ord. 535, §19.)

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Sec. 36-84. Temporary driveways.

In all cases where excavations are made entirely across the public highway a substantial driveway shall be maintained by the party making the excavation across such highway, until such excavation is refilled, and at all times be subject to the approval of the city engineer. (Ord. 535, §20.)

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Sec. 36-85. Duty to protect public, etc.

No person shall make an excavation in any street, highway or thoroughfare without protecting such excavation so as to prevent persons, animals or vehicles from falling into such excavation. (Ord. 535, §21.)

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Secs. 36-86 to 36-90. Reserved.

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