Town of Elkton
Town Code
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CHAPTER 143
STREETS AND
SIDEWALKS
ARTICLE I
Excavations
ﾧ 143-1. Permit required; exception.
ﾧ 143-2. Application information.
ﾧ 143-3. Prerequisites to improvement of streets.
ﾧ 143-4. Indemnification of town by permit holder.
ﾧ 143-5. Responsibility for restoration of excavated street.
ﾧ 143-6. Guardrails and signal lights around excavations.
ﾧ 143-7. Inspections by Superintendent.
ﾧ 143-8. Violations and penalties.
ARTICLE II
Sidewalks
ﾧ 143-9. Removal of snow from sidewalks.
ﾧ 143-10. Failure to remove snow from sidewalks.
ﾧ 143-11. Obstruction by shrubbery and debris prohibited; trimming of trees.
ﾧ 143-12. Repair of injured sidewalks by town; responsibility for costs.
ﾧ 143-13. Permit required to pave sidewalk.
ﾧ 143-14. Contents of permit to pave sidewalk.
ﾧ 143-15. Supervision of paving.
ﾧ 143-16. Responsibility for costs of paving unpaved sidewalks.
ﾧ 143-17. Hearing on question of requiring owners to pave sidewalks.
ﾧ 143-18. Order to owner to pave; procedure when owner fails to pave; service of notice.
ﾧ 143-19. Petition by property owners to pave sidewalks.
ﾧ 143-20. Determination of specifications.
ﾧ 143-21. Violations and penalties.
ARTICLE III
Obstruction of Streets and Sidewalks
ﾧ 143-22. Permit required.
ﾧ 143-23. Fee for permit; term.
ﾧ 143-24. Permit procedure.
ﾧ 143-24.1. Conditions of permits.
ﾧ 143-24.2. Inspections by Zoning Administrator.
ﾧ 143-25. Violations and penalties.
ARTICLE IV
Storing Materials in Streets
ﾧ 143-26. Permit required.
ﾧ 143-27. Fee for permit.
ﾧ 143-28. Space and time limitations.
ﾧ 143-29. Permit procedure.
ﾧ 143-30. Violations and penalties.
ARTICLE V
Street Openings
ﾧ 143-31. Permit required.
ﾧ 143-32. Fee for permit.
ﾧ 143-33. Cash deposit or bond for restoration street or sidewalk.
ﾧ 143-34. Permit procedure.
ﾧ 143-35. Violations and penalties.
ARTICLE I
Excavations
[Adopted 6-19-1980 as Secs. 4-1-1 through 4-1-7 of the 1980 Code]
§ 143-1. Permit required; exception.
A. No person, firm or corporation shall make any excavations or openings or dig any ditch, trench, tunnel or hole in, along, across or under any street, sidewalk or other public place for the purpose of laying or placing therein any pipe, wires, poles or for any other purposes, unless a written permit therefor has been issued by the Town Superintendent.
B. A permit shall not be required where such work is performed under a contract with the town but in the event such work requires a sidewalk or street to be wholly or partially obstructed, the person shall notify the Town Superintendent and the Police Department at least two hours before obstructing the sidewalk or street, unless prevented by sudden emergency.
§ 143-2. Application information.
All persons desiring a permit in order to make an opening in any street or sidewalk, as set forth in § 143-1, shall make written application therefor, which application shall show the location of the proposed opening, the purpose therefor and the approximate number of square yards of surface to be cut.
§ 143-3. Prerequisites to improvement of streets.
It shall be unlawful for any person to grade, pave, light, clean and otherwise improve, at the expense of the town, any street hereafter dedicated to the public by the owner of private property, unless the same shall have been granted a permit by the Council and under its direction laid out by the Town Superintendent.
§ 143-4. Indemnification of town by permit holder.
Any person, firm or corporation obtaining a permit as provided for in §§ 143-1, 143-2 and 143-3 agrees, as a condition of the issuance of the permit, to indemnify and hold harmless the town against any claims or expenses, including attorney's fees for bodily injury or property damage for accidents or occurrences arising out of the person's operations.
§ 143-5. Responsibility for restoration of excavated street.
When any part of any street, sidewalk, alley or other public place of the town shall be torn or dug up for any purpose, the person, firm or corporation making such excavation or opening shall have the duty of refilling the excavation or opening so as to restore it to essentially the same condition that existed prior to the excavation or opening, and such refilling shall be done in accordance with the standards and specifications issued by the Town Superintendent. Any person, firm or corporation, neglecting, refusing or failing to comply with any provisions of this section shall be guilty of a violation thereof, and where such neglect, refusal or failure is continued, after notice from the Town Superintendent, every day's continuance thereafter shall constitute a separate and distinct offense.
§ 143-6. Guardrails and signal lights around excavations.
It shall be unlawful for any person, firm or corporation who obtains a permit under the sections of this chapter to do any excavation or work of any kind which may create or cause a dangerous condition in or near any street, alley, sidewalk or public place of the town without placing and maintaining proper guardrails and signal lights or other warnings at, in or around the same, sufficient to warn the public of such excavation or work, and to protect all persons using reasonable care from injuries on account of same.
§ 143-7. Inspections by Superintendent.
All excavations and work in the streets, sidewalks, alleys or public places of the town shall be under the supervision and control of the of Town Superintendent, whose duty it shall be to inspect the same from time to time during the progress thereof. Upon completion thereof, the Town Superintendent shall make a final inspection and see that the street, sidewalk or public place is restored to a condition as good as in all respects as before the excavation or work was made or done, and that all debris, materials, tools and equipment are removed therefrom. Any person refusing or failing to comply with any provision of this section shall be guilty of a violation thereof, and where such failure or refusal is continued after notice from the Town Superintendent, every day's continuance shall constitute a separate and distinct offense.
§ 143-8. Violations and penalties.
It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $500. Each day any violation of this article shall continue shall constitute a separate offense.
ARTICLE II
Sidewalks
[Adopted 6-19-1980 as Secs. 4-1-8 through 4-1-20 of the 1980 Code]
§ 143-9. Removal of snow from sidewalks.
The tenant, occupant and, in case there shall be no tenant, the owner or any person having the charge of any building or lot or land bordering on any street, lane, square or public place within the town, where there is any paved footway or sidewalk, shall, after the ceasing to fall of any snow, if in the daytime within six hours, and if in the nighttime, before 12:00 noon of the following day, cause such snow to be removed.
§ 143-10. Failure to remove snow from sidewalks.
If the occupant or owner of the premises, as the case may be, fails or refuses to clean off the snow in accordance with § 143-9, the Town Superintendent shall cause such pavement or sidewalk in question to be cleaned at the expense of the occupant or owner, and the costs thereof shall be collected in the manner in which fines are collected.
§ 143-11. Obstruction by shrubbery and debris prohibited; trimming of trees.
It shall be unlawful for any person, firm or corporation to obstruct or damage in any manner any sidewalk in the town by allowing trees, shrubbery, hedges, branches, roots or other debris to interfere therewith. Trees shall be pruned to a minimum height of 10 feet above the sidewalk.
§ 143-12. Repair of injured sidewalks by town; responsibility for costs.
Any person injuring any sidewalk shall, when required by the Town Superintendent of the town, pay to the Town Treasurer such an amount as shall be estimated by the Town Superintendent to be necessary to repair such injury, and the Town Superintendent shall repair the same. If the person causing the injury and damage fails to pay to the Town Treasurer the costs of repairs within 15 days, the same shall be collected as any other debt is collected.
§ 143-13. Permit required to pave sidewalk.
No person shall pave a sidewalk in the town without first obtaining a permit therefor from the Town Superintendent.
§ 143-14. Contents of permit to pave sidewalk.
A permit, as required in § 143-13, shall designate the material and foundation to be used, the width of the pavement and such other matters as may be material.
§ 143-15. Supervision of paving.
The paving done pursuant to a permit as required in § 143-13 shall be done under the supervision of the Town Superintendent.
§ 143-16. Responsibility for costs of paving unpaved sidewalks.
The owners of property in front of which the sidewalks are not paved shall, whenever the Council by ordinance determines that such sidewalk shall be paved, pave the same in front of and adjacent to their respective properties at V2 of the expense and in such manner as may be required by the Council.
§ 143-17. Hearing on question of requiring owners to pave sidewalks.
Before the Council shall, in accordance with § 143-16, order the owners to pave a sidewalk, it shall first publish for two weeks in a newspaper published in the county, a notice inviting all persons interested to appear before the Council to be heard on the question. Such notice shall simply state that the Council is considering the subject of requiring the owners abutting on a certain street or a designated portion thereof to pave the sidewalks and inviting all persons interested to appear at a certain time and place to be heard upon the subject. The Council shall hold a hearing in accordance with such notice.
§ 143-18. Order to owner to pave; procedure when owner fails to pave; service of notice.
- A. If, upon a hearing held as provided in § 143-17, the Council shall determine that the sidewalk in question shall be built, the Council shall order each owner of real property involved to build the sidewalk in question in such manner as may be required by the Council. If such owner shall fail, neglect or refuse, after 30 days notice to him or her of such order, from the Town Superintendent, to comply with such order, then it shall be the duty of the Town Superintendent to cause such sidewalk to be so paved. One-half the cost of such paving shall be certified by the Town Superintendent to the Town Treasurer, who shall enter the same in a book to be kept for the purpose, setting forth the name of the owner and the street upon which the property abuts, and the frontage of the property on the street. The amount of such cost shall be a lien on the property and shall be collected by the Town Treasurer.
- B. The notice required by this section may be served on the owner in person or if a nonresident, by mailing such notice by certified mail, at his or her last known address, or by publication of such notice in a local newspaper for two successive weeks.
The owners of property in front of which the sidewalks are not now paved or a majority of such owners may petition the Council to pave the sidewalk along their property, which petition shall contain an agreement by the signers to pay V2 of the cost thereof.
§ 143-20. Determination of specifications.
Whenever an order is given to the owners to pave the sidewalks in front of their property, as provided in § 143-16, or whenever the owners or a majority thereof file a petition, as provided in § 143-19, the Council, shall, at the same time, determine the material of which the sidewalks shall be paved, the width to be paved, the kind of foundation to be used for such pavement, and any other matter material to such paving.
§ 143-21. Violations and penalties.
It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $1,000 or be imprisoned for a period not to exceed six months, or both. Each day any violation of this article shall continue shall constitute a separate offense.
ARTICLE III
Obstruction of Streets and Sidewalks
[Adopted 6-19-1980 as Secs. 6-4-71 through 6-4-72
of the 1980 Code; amended in its entirety 9-16-2002]
Except as otherwise provided, it shall be unlawful for any person to obstruct any street, sidewalk or parkway with merchandise, goods, ladders, scaffolds, ropes or any other manner without a permit, regardless of the purpose, character or extent of the obstruction.
§ 143-23. Fee for permit; term.
- A. No permit under this article shall be issued for longer than seven consecutive days.
- B. A flat fee of $25 shall be charged for a one-day permit required under § 143-22.
- C. A flat fee of $125 shall be charged for a seven-day permit required under § 143-22.
- A. The procedure for obtaining a permit under this article shall be as provided in Article I of this chapter.
- B. The Zoning Administrator shall have the right to refuse to issue a permit pursuant to this article if he or she deems that the applicant is in violation of any Town regulations or ordinances.
Conditions of permits shall be as follows:
- A. A minimum passage space 42 inches wide shall be maintained on all streets.
- B. A minimum passage space 42 inches wide shall be maintained on all sidewalks running parallel with the curbline of that sidewalk.
- C. A minimum clearance of 12 feet shall be maintained from any overhead obstructions.
- D. Merchandise and goods shall be removed from the streets or sidewalks daily so that the obstruction only occurs during regular business hours.
All obstructed areas shall be under the supervision and control of the Zoning Administrator or his or her designee, whose duty it shall be to inspect the obstructed areas from time to time to insure they are in compliance with the terms of this article and the issued permit.
§ 143-25. Violations and penalties.
- A. It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine of $150. Each day any violation of this article shall continue shall constitute a separate offense.
- B. It shall be an offense for any person to fail to remove an obstruction from a street or sidewalk. For any person found guilty thereof, the Zoning Administrator, or his or her designee, may remove the obstruction after giving 72 hours' notice to the property owner. The property owner shall be subject to a fine equal to the cost of removing said obstruction, in addition to the penalty described in § 143-25A above.
- ARTICLE IV
Storing Materials in Streets
[Adopted 6-19-1980 as Secs. 6-4-81 through 6-4-83
of the 1980 Code]
No person shall store building or other materials of any character or description in any part of the streets or alleys of the Town for any period of time unless a permit therefor shall have been obtained from the Town Superintendent.
A flat fee of $2 shall be charged for each permit required under § 143-26.
§ 143-28. Space and time limitations.
The permit issued by the Town Superintendent for the storage of materials on the streets or alleys shall limit the amount of space to be occupied and the period of time for storage.
§ 143-29. Permit procedure. [Added 12-18-2000]
The procedure for obtaining a permit under this article shall be as provided in Article I of this chapter.
§ 143-30. Violations and penalties.
It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $500. Each day any violation of this article shall continue shall constitute a separate offense.
ARTICLE V
Street Openings
[Adopted 6-19-1980 as Secs. 6-4-91 through 6-4-93 of the 1980 Code]
No person shall open any street or sidewalk, whether for improvement of not, unless a permit therefor shall first have been obtained from the Town Superintendent.
A flat fee of $2 shall be charged for each permit required under § 143-31.
§ 143-33. Cash deposit or bond for restoration street or sidewalk.
A cash deposit or bond, approved by the Town Attorney, may be required by the Town Superintendent of the applicant for a permit, as required in § 143-31, in favor of the town, conditioned upon the execution of a written agreement whereby the applicant agrees to restore the surface of the street or sidewalk in question to its original condition, or to the equal thereof, upon completion of the work requiring the opening, such restoration to be approved by the Town Superintendent.
§ 143-34. Permit procedure. [Added 12-18-2000]
The procedure for obtaining a permit under this article shall be as provided in Article I of this chapter.
§ 143-35. Violations and penalties.
It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $500. Each day any violation of this article shall continue shall constitute a separate offense.
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