CHAPTER
30
STREETS,
SIDEWALKS AND OTHER PUBLIC PROPERTY
Art.
I In General, Secs.
30-1--30‑43
Art.
II Excavations, Secs.
30‑44‑‑30‑57
Art.
III Moving Building, Secs.
30‑58‑‑30‑86
Div. 1. Generally, Secs. 30‑58‑‑30‑70
Div. 2. Permit, Secs.
30-71--30‑86
Art.
IV Private
Driveways, Secs.30‑87‑‑30‑101
Art.
V Service
Driveways, Secs. 30‑102‑‑30‑120
Art.
VI Sidewalk
Construction, Secs. 30‑121‑‑30‑125
ARTICLE
I. IN GENERAL
Cross
References ‑ Authority for Superintendent of Environmental Services
Utility to issue tickets and citations, Sec. 2‑1; bond for Superintendent
of Environmental Services Utility, Sec. 2‑2; maintenance authority of
Superintendent of Environmental Services Utility, Sec. 2‑10; datum
established in elevations for bridge of streets and sidewalks Sec. 2-14;
consulting engineers, Sec. 2‑84 et seq.; plan commission, Sec. 2‑162
et seq.; Superintendent of Environmental Services Utility, Sec. 2‑179;
signs on sidewalks or terraces prohibited, Sec. 3‑13; building and
building regulations, Sec. 8‑1 et seq.; transporting flammable and
combustible liquids and LP‑gases over city streets, Sec. 14‑5;
burning weeds, leaves or other material on streets and sidewalks, etc.
prohibited, 14‑63 (4); littering prohibited, Sec. 16‑21; sweeping
from commercial establishments or from sidewalks into the gutter prohibited,
Sec. 16‑22; deposit of grass and rubbish prohibited in public streets,
Sec. 16‑23; obstructing water passage in streets. 22‑25;
destructing or defacing public property, Sec. 22‑26; injuring or removing
vegetation, fences, signs, on public property, Sec. 22‑27; changing,
removing, etc. cornerstones, stakes, etc. prohibited Sec. 22‑29; mobile
homes and mobile home parks, Sec. 23‑1; water, filth, and unclean liquids
in streets declared nuisance, Sec. 24‑8; railroad crossings, Sec. 28‑2;
street obstruction by railroad, Sec. 28‑3; mobile homes and mobile home
parks, Sec. 23‑1; subdivisions, Sec. 30‑1 et seq.; traffic and
vehicles, Sec. 32‑1 et seq.; water and sewers, 31‑1 et seq.;
unauthorized turning on or tampering with fire hydrants, Sec. 34‑2.
Sec. 30‑01. Certain ordinances relating to streets not
affected by Code.
Nothing
in this Code or the ordinance adopting this Code shall be construed as
repealing or otherwise affecting the validity of any ordinance:
(1) Dedicating, accepting, naming,
establishing, locating, relocating, opening, paving, widening, improving or
vacating any street, sidewalk, alley, park or other public ground;
(2) Establishing or prescribing grades for streets in the city and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.
Sec. 30‑02. Obstructions in streets/alleys generally.
No person shall encumber or obstruct any street, alley or sidewalk with building or other materials, without a written permit from the Superintendent of the Environmental Services Utility. No person shall, except in case of necessity, obstruct more than one‑third (1/3) of any street or alley or one‑half (l/2) of any sidewalk. No such obstruction shall be permitted to continue in any case longer than may be necessary in the diligent erection of such building, or the prompt execution of the work. (Code 1965, Sec. 9‑03)
Sec. 30‑03. Permit for parades.
(a) No group or person of more than ten (10)
in number shall conduct a parade or march or a public demonstration, upon or
along the streets or sidewalks of the City at any time of the day or night,
without first obtaining a permit from the City Council, in writing for the
same. Said permit shall designate upon
what streets the parade or public demonstration may pass or be conducted and
the nature and character of the procession. Application shall be made to the
Chief of Police of the City of
(b) No permit shall be issued under this
Section until the Applicant has provided proof of the following:
(i) Minimum of $1,000,000.00 liability
insurance for any damage, mishap or injuries that might occur during the parade
or public demonstration.
(ii) Holding the City of
iii) Proof of adequate security for the
persons conducting the parade or public demonstration.
(iv) The naming of a person residing within
the City limits, who will act as a registered agent for such group.
(c) If any parade or public demonstration
hereunder is to be conducted upon property owned by a municipal corporation or
other public body within the City, then no such permit shall be issued until
the Applicant provides written permission from said municipality, municipal
corporation or public body to conduct such parade or public demonstration.
(Ord. No. 97-25, Sec. 30-3,
(d) A funeral, procession or parade
containing twenty (20) or more persons or five (5) or more vehicles except the military
forces of the United States or of this state, and the forces of the Police and
Fire Departments shall occupy, march, or proceed along any street only in
accordance with a permit issued by the Chief of Police. (Code 1965, Secs. 41‑11, 51‑55.)
Cross
Reference ‑ Disturbing funerals, Sec. 22-12; driving through funeral
processions, Sec. 32‑19.
State law reference ‑ Streets and public
ways, Ill. Rev. Stat., Ch. 24, Sec. 11‑80‑1 et seq.
Sec. 30‑03.1. Permit for use of sound amplification
equipment.
No
person shall use sound amplification equipment in, upon or along the streets or
sidewalks of the City at any time of the day or night, without first obtaining
from the Chief of Police a permit in writing for the same, which permit shall
designate in what areas and the time that such equipment may be used. The Chief
of Police shall be the official issuing said permits and he shall have power to
issue or refuse to issue such permit, as he may deem for the best interests of
the City. (Ord. No. 72‑41, Sec. 1, 9‑18‑72)
Sec. 30‑04. Games on streets and sidewalks.
No
person shall engage in any game, sport or amusement, or exhibit any animal or
machine, or do anything else in the streets or upon the sidewalks of the city,
which will interfere with vehicles or persons on the streets or sidewalks.
(Code 1965, Sec. 51‑36).
Sec. 30‑05. Use of coasters, roller skates and similar
devices.
No
person upon roller skates, or riding in or by means of any coaster, toy
vehicle, or similar device shall go upon any roadway except while crossing a
street on a crosswalk and except upon streets set aside as play streets when
and as authorized by ordinance. (Code 1965, Sec. 41.16)
Sec. 30‑06. Bond required for builders blocking streets.
Any owner or agent of any real estate, or any contractor or builder, who may be about to commence the erection of any building or the alteration or improvement of any building in front of or abutting upon any street, and when the construction, alteration or improvement of any such building will interfere or be likely to interfere with the free passage through or over the street or sidewalk by reason of any excavation in or near the street or sidewalk or by placing in and upon the same of any building material shall, before commencing any such work, execute an indemnifying bond to the city in such reasonable sum, and with surety or sureties, as may be fixed by the Mayor, to answer and pay for all damages for any injury that may result to persons or property from any such interference with or obstruction of such street or sidewalk. (Code 1965, Sec.9‑04)
Sec. 30‑07. Building encroaching on street.
The
owner of any building or structure or enclosure extending into or encroaching upon
any street, alley or sidewalk shall remove the same within thirty (30) days
after being notified in writing to do so by the Superintendent of the
Environmental Services Utility. The City
Council may direct the Chief of Police to take down and remove such obstruction
or encroachment upon any street or alley, and the cost and expense of such
taking down and removal may be collected by suit in the name of the City,
against the person causing or erecting such encroachment. (Code 1965 Sec. 9‑05)
Sec. 30‑08. Trees overhanging streets.
The
owner or occupant of any premises shall not permit any tree or bush to overhang
the surface of any street or sidewalk by less than nine (9) feet, or so as to
obstruct the street lights. The Superintendent of the Environmental Services
Utility shall notify such owner or occupant in writing to trim such tree within
the time and in the manner specified in the notice. If any person so notified
shall neglect to comply with such notice the Superintendent shall cause such
trees to be trimmed and the cost thereof may be recovered by suit against such
person. (Code 1965, Sec. 9.07)
Sec. 30‑09. Obstructions by merchandise; display on
sidewalk.
No
unauthorized person shall obstruct or encumber any street, alley or sidewalk
with any merchandise, fuel or other articles longer than may be necessary for
the loading and unloading of the same. No person shall display any merchandise
upon or over any sidewalk, except on authorized newsstands. (Code 1965, Sec.
9.11)
The
following criteria shall be met before permission is given to block city
sidewalks and
streets,
to wit:
(a) Such
permission shall be sought in writing by any business or resident of
the City. Said request shall be filed with the City
Clerk.
(b) Such
permission shall not be granted to the same location more than once
in any six (6) month
calendar period.
(c) Any
authorization to block a street or sidewalk under this policy shall not be
in excess of a three (3)
consecutive day period and shall only exist during
regular business hours.
(1) Sidewalk sales may be held on Saturdays
from May 1 through
October 31. Sales must be held during regular business
hours.
(2) Section 30-09 (c) (1) is the only
exception to Section 30-09. (Ord. 2010-
19,
(d) Any
requests hereunder shall be presented to the City Council for its
approval or denial. (Ord. 2010-14, 4/19/2010)
Sec. 30‑10. Removal of street obstructions.
The
Superintendent of the Environmental Services Utility shall order any article or
thing which may encumber or obstruct any street, alley, sidewalk or other
public place to be removed. If such article or thing is not removed within
twenty‑four (24) hours after such order is given to the person in charge
thereof, or to the person who caused the same, or if no person in charge
thereof can readily be found, the superintendent shall cause the same to be
removed to some suitable place. The owner of any such article or thing so
removed, or the person causing the same, shall pay to the City the costs and
expenses of such removal. (Code 1965, Sec. 9.15)
Sec. 30‑11. Encroachments on sidewalk.
No
part of any sidewalk shall be taken for private use. Entrances to basements and flights of steps
may be made which shall not extend into or on the sidewalks more than four (4)
feet next to the building, and the width of the steps, or entrances in
sidewalks to basements shall not be more than five (5) feet. Such encroachments
shall be securely protected by the owner or occupant of the building. Such
encroachments shall be constructed in a manner that will properly safeguard the
public. (Code 1965, Sec. 9.19)
Sec. 30‑11.1. Encroachment on roadway right‑of‑way
prohibited; definitions, intent of
section, penalty for violation.
(a) Encroachment prohibited. It shall
be unlawful for any person, firm, or corporation to enact or cause to be
enacted, to retain or cause to be retained, any encroachment within the limit
of the roadway right‑of‑way.
(b) Definitions.
(1) Roadway right-of-way is defined
as those areas existing or acquired by dedication or by fee simple for highway
purposes; also, the areas acquired by temporary easement during the time the
easement is in effect.
(2) Encroachment is defined as any
building, fence, sign or any other structure or object of any kind with the
exception of utilities and public road signs, which is placed, located or
maintained, in, on, under or over any portion of the roadway right‑of‑way.
(c) Intent. This section is intended
to and shall be in addition to all other ordinances, rules and regulations
concerning encroachments and shall not be construed as repealing or rescinding
any other ordinance or part of any ordinance unless in direct conflict
therewith.
(d) Penalty. Any person, firm or
corporation violating this section shall be fined not less than fifteen dollars
($15.00) nor more than five hundred dollars ($500.00) for each offense, and a
separate offense shall be deemed committed for each and every day during which
a violation continues or exists. (Ord. No. 81-33, Secs.
1‑3, 6‑15-81)
Editor's
Note - Whereas the preliminary language contained definitions germane to the
rest of Ord. No. 81‑33, the editor, in his discretion, has included said
definitions as paragraph (b) of the above section.
Sec. 30‑12. Extending sidewalk.
No
person shall build or extend any sidewalk beyond the established width. (Code
1965, Sec. 9.20)
Sec. 30‑13. Inserting metal or glass in sidewalk
prohibited.
No
person shall insert any smooth pieces of glass or metal in any sidewalk. (Code
1965, Sec. 9.20)
Sec. 30‑14. Water drainage on sidewalk.
No
person shall permit the water draining from the roof of any building owned,
occupied or controlled by him, to spread over the sidewalk in front of the
same. (Code 1965, Sec. 9.22)
Sec. 30‑15. Connection of sanitary or waste sewers to
storm water drainage systems: intent of provisions; penalty for violation.
(a) It shall be unlawful for any person,
firm, or corporation, or institution, public or private, to connect or cause to
be connected, any drain carrying, or to carry, any toilet, sink, basement,
septic tank, cesspool, industrial waste or any fixture or device discharging
polluting substances, to any open ditch, drain, or drainage structure installed
solely for street or highway drainage purposes in the City.
(b) This section is intended to and shall be
in addition to all other ordinances, state statutes, rules and regulations,
concerning pollution and shall not be construed as repealing or rescinding any
other ordinance or part of any ordinance unless in direct conflict, therewith.
(c) Any person, firm or corporation
violating this section shall be fined not less than five dollars ($5.00) nor
more than fifty dollars ($50.00) for each offense, and a separate offense shall
be deemed committed for each and every day during which a violation continues
or exists. (Ord. No.81‑31, 6‑15‑81)
Editor's
Note ‑ At the editor's discretion, Ord. No. 81‑31, Secs. 1‑3, enacted
Sec. 30‑16. Snow and debris on sidewalks.
The
owner or occupant of any building, the owner or lessee of any premises, and
every person having the charge or control of any church, hall or public
building within the City, shall, during the winter season whenever there is a
fall of snow, and by 10:00 a.m. every day, unless the snow is still falling,
clear the sidewalks in front of or adjoining such building or premises, from
snow and ice, and keep the same conveniently free there from; or shall, in case
the snow and ice are so congealed as not to be removed without difficulty or
injury to the pavement, strew the same with ashes, sand or sawdust. He shall
also, at all times, keep such sidewalks clear and free from dirt, filth, weeds
or other obstructions, so as to allow pedestrians the safe and unobstructed use
of the same. (Code 1965, Sec. 9.23)
Sec. 30‑17. Barbed wire on or near sidewalks.
No
person shall place or maintain any barbed wire upon or near any sidewalk. (Code
1965, Sec. 9.08)
Cross Reference ‑ Barbed wire fences
prohibited in noncommercial districts, (Sec.8‑128)
Sec. 30‑18. Gates opening on to streets or sidewalks.
All
gates opening upon any public place or street shall be constructed so that no
part of such gate shall swing over, upon or above any part of the sidewalk or
street adjacent thereto, unless such gate is so constructed as to be self‑shutting.
No person shall permit or allow any gate under his control to project into any
such public place. (Code 1965, Sec.9.09)
Cross Reference ‑ Fences, Sec. 8‑121
et seq.
Sec. 30‑19. Hauling materials through the streets.
Any
person engaged in hauling loose materials through the streets shall carry the
same in tight boxes or dump beds or barrels, and in case any material falls
into the street, shall cause the same to be taken up and removed. (Code 1965,
Sec. 9.14)
Sec. 30‑20. Open cellar doors, wells, and other
openings near streets and sidewalks.
(a) No person shall leave open, or permit to
be left open, any cellar door, basement entrance, vault, cistern, well, ditch
or other like pit or hole, on or adjoining any street, alley or sidewalk,
within the City, without securing or protecting the same so as not to endanger
the safety of persons passing thereby.
(b) Every opening in any sidewalk over any
vault or coal hole shall be covered with a substantial iron grate or plate with
a rough surface to prevent accidents, and the construction of all vaults and coal
holes under sidewalks shall be subject to the supervision of the Superintendent
of the Environmental Services Utility or such other officer as may be
designated by the City Council. (Code 1965, Secs.
9.10, 0.21, 51.42)
(a) All concrete curbs and gutters shall be
constructed in accordance with the following specifications:
(1) Curbs shall be Type M3:12 in residential
areas or as Directed by the Engineer and Type B6:24 in all other areas and
shall conform to the approximate section of the Illinois Department of
Transportation Standard Specifications for Road and Bridge Construction, latest
edition.(Ord. No. 98-104, Sec. 1, 12-21-98).
(2) The concrete shall consist of one part portland cement, two (2) parts fine aggregate, and three
and one‑half (3 1/2) parts coarse aggregate. All materials shall be
accurately measured in a manner approved by the City Consulting Engineer.
(b) No person shall remove, cut, mar,
deface, or in any way break or disfigure any street curb without first
obtaining a permit therefore. (Code 1965, Sec. 9.26)
Cross
References ‑ Permits for building new residential, commercial or
industrial premises to be denied unless the plans also provide for the installation
and construction of curbs, gutters and sidewalks, Sec 8‑3(a); permits for
improvements to existing structures exempted, Sec 8‑3(b); specifications,
Sec. 8-3 (c), (d); waiver of requirements, Sec. 8‑3(e); Building
Inspector authorized to prohibit occupancy absent compliance, Sec. 8‑3(f).
Sec. 30‑22. House numbering.
(a) The owner or occupant of any building in
the City shall have the proper street number of the building posted on the
front of the building in plain view from the street in front of the building.
The number shall be in plain figures not less than three (3) inches by two (2)
inches.
(b) Street numbers shall be determined as
follows: On north‑south streets, buildings in the first block north from
Court Street shall be numbered from one hundred (100) with the even numbers on
the east side of the street and the odd numbers on the west side of the street.
Buildings in each block north thereafter shall be numbered in successive
hundreds. Buildings on north‑south streets south of Court Street shall be
similarly numbered from Court Street with each block south numbered in
successive hundreds. On east‑west streets, buildings in each block shall
be similar numbered in successive hundreds east and west of
(c) Any person may apply to the City of
Sec. 30‑23. Detachable trash bins or containers in
streets.
(a) Prohibited unless properly equipped.
No owner, of detachable roll‑off trash bins or containers shall knowingly
cause or allow such bins or containers to be placed or remain on any street,
alley or public thoroughfare within the city unless such bin or container is
equipped with reflector material and/or reflectors which are clearly and
conspicuously visible from a distance of not less than four hundred (400) feet.
(b) Placement of reflectors. The reflectors
or reflecting material shall be located on all sides of such bin or container
at a point not less than twelve (12) inches below the top of the box, so as to
be clearly and conspicuously visible as set forth in (a) above.
(c) Knowledge of violation attributed to
owner, lessor or lessee. The owner, lessor or lessee of the detachable roll‑off trash bin
or container shall be presumed to have knowingly caused or allowed such bin to
be placed in violation of this section when the same shall have existed in
violation of this section for a period of more than forty‑eight (48)
hours.
(d) Each day a separate offense. Each
day beyond said period heretofore mentioned any violation of any provision of
this section shall continue shall constitute a separate offense.
(e) Fine for violation. The penalty
for a violation of this section, upon conviction, shall be a fine of not less
than twenty dollars ($20.00) nor more than one hundred dollars ($100.00). (Ord.
No. 78‑51, Secs. 1‑5, 11‑20‑78)
Editor's
Note ‑ Ord. No. 78‑51. Secs. 1‑5
passed
Sec.
30‑24 ‑ 30‑43.
Reserved.
ARTICLE
II. EXCAVATIONS
Cross Reference ‑ No issuance of permit to
applicant indebted to City, Sec. 2-15.
Cross Reference - Dangerous pits or excavations
declared nuisances, Sec. 24‑12.
Sec. 30‑44. Excavating - Permit required; bond or
deposit.
No
person, not authorized by the City Council, or by ordinance, shall make any
excavation in any street, alley, sidewalk or public ground, within the City,
without first obtaining the written permission of the Superintendent of the
Environmental Services Utility. The Superintendent shall require a cash deposit
or bond in the amount of ten thousand dollars ($10,000) in order to assure the
restoration of the street to its former condition. (Code 1965, Sec. 9.01; Ord.
No 96-21, Sec.1,
Sec. 30‑45. Excavating - Refilling generally.
Any
person making any excavation in any street, alley or sidewalk shall, without
any unnecessary delay, cause the excavation to be filled up to the proper level
of such street, alley or sidewalk, and shall from time to time, if necessary,
repair the same, until the earth is completely settled, and the surface thereof
conforms to the adjacent surface. The
Superintendent of the Environmental Services Utility may restore the surface of
any excavation and charge the reasonable cost thereof against the bond or
deposit posted and charge any additional cost to the person or entity who made
the excavation. (Code 1965, Sec. 9.01; Ord. No 96-21, Sec.2,
Sec. 30‑46. Excavating - Barriers and lights.
Any
person making any excavation in any street or on any public property shall
erect such barriers and lights during the night, as will adequately safeguard
the public. (Code 1965. Sec.9.01)
Sec. 30‑47. Pipe and cable installations in streets.
(a) Any person intending to construct or
install pipes, cables or other installation over and across the City streets,
shall first make soundings for rock on each side of the street at the
contemplated area of construction. Where rock is located near the surface of the
ground and above the proposed pipe grade, open trenching shall be permitted.
(b) Where the open trenching method is
permitted and used, the trench shall be backfilled with fine aggregate and sand
deposited and compacted in six (6) inch layers. This backfill shall extend a
distance of two (2) feet outside and beyond the curbline
or limits of the roadway and street where no curb exists. The surface and base
replaced shall be of a type similar to that removed for the work or
construction except that in no case shall the base be less than eight (8)
inches in thickness. Where the excavated opening is over and across a concrete
paved street or where it is over and across a recently constructed bituminous
concrete surface, it may be required that the surface be sawed to a depth of
three (3) inches along the sides of the opening.
(c) In areas or locations where rock is not
found or encountered as hereinbefore provided, pipes up to and including four
(4) inches in diameter shall be constructed or installed only by the pushing or
auguring method. This method shall be used for all streets of rigid bases or
flexible bases with sealed surfaces, curbs and sidewalks.
(d) In all cases where the trenching method is used, the contractor shall file a bond with the City to be approved by the City Engineer in a sum Ten Thousand Dollars ($10,000). The bond shall warrant and guarantee proper replacement of the street in the trenching area. (Code 1965, Sec. 9.02; Ord. No. 96-21, Sec. 3, 4-15-96)
Sec. 30-48.
Penalty for improperly repairing streets.
A
person or entity who is found guilty of violating this Ordinance shall, upon
conviction, be fined a minimum of Five Hundred Dollars ($500.00) and shall
further be ordered to reimburse the City for the cost of all repairs made
necessary by the excavation performed by the person or entity. (Ord. No. 96-21,
Sec. 4,
Sec. 30‑49 ‑
30‑57. Reserved.
ARTICLE
III. MOVING BUILDINGS
DIVISION
1. GENERALLY
Sec. 30‑58. Obstructing streets.
No
person shall, in moving a building through or along any street, unnecessarily
encumber or obstruct any street for a longer time than may be necessary in the
prompt and diligent moving thereof. (Code 1965, Sec. 9.06)
Sec. 30‑59. Moving buildings - duty to use care;
liability.
Every
person having a permit issued under this article to use any of the streets for
moving any building shall use all reasonable care and diligence in moving the
same and shall be responsible for all damage done to any property of the City,
or of any person and the acceptance of the permittee to remove any building
shall be treated as an agreement on the part of the permittee to become
responsible for all damages done to any property of the City or of any other
person. (Code 1965, Sec. 9.06)
Sec. 30‑60 ‑
30‑70. Reserved.
DIVISION
2. PERMIT
*Cross
Reference ‑ No issuance of permit to applicant indebted to City, Sec 2‑15.
Sec. 30‑71. Permit required to move building(s).
No
person shall move any building through or along any street, without a written
permit from the Superintendent of the Environmental Services Utility therefore.
(Code 1965, Sec. 9.06)
Sec. 30‑72. Application for permit to move building(s).
Application
for a permit required by this division shall set forth the description and
location of the building proposed to be removed, the place to which such
building is proposed to be moved, the time when such removal is desired to be
commenced, the means by which it is proposed to effect such removal, and the
names of all the owners and persons interested in such building, including the
name of the person who is to effect and operate such removal. The application
shall be signed by all such owners and persons having such interest in such
building and the person employed or engaged to effect such removal, and such
application shall be presented to the Superintendent of the Environmental
Services Utility three (3) days before the time stated in such application when
it is proposed to commence such removal. (Code 1965, Sec. 9.06)
Sec. 30‑73. Moving buildings - application; issuance.
After
receipt of an application for a permit required by this division, the
Superintendent of the Environmental Services Utility shall examine the building
and the routes upon which such building is proposed to be removed, and the
place named in the application to which it is proposed to move such building.
He shall determine the streets or alleys to be used in removing the same, and
upon such applicant exhibiting proof to the Superintendent of the Environmental
Services Utility that such applicant paid into the treasury of the City the
permit fee, the Superintendent shall give a permit for such removal of such
building. (Code 1965, Sec.9.06)
Sec. 30‑74. Fee for permit to move building(s).
The
fee for a permit required by this division shall be fifty dollars ($50.00).
(Code 1965, Sec. 9.06)
Sec. 30‑75. Moving Buildings - surety and other
conditions.
The
Superintendent of the Environmental Services Utility shall have a right to
require applicant to obligate himself with good and sufficient surety to comply
with the provisions of this article and the permit to be granted, and to impose
such other conditions as may be necessary to protect the public and minimize
public inconvenience. (Code 1965, Sec. 9.06)
Sec.
30‑76-‑30-86. Reserved.
ARTICLE
IV. PRIVATE DRIVEWAYS
Sec. 30‑87. Definition - private driveways.
The
term "private driveway" used in this article shall mean any driveway not
included in section 30‑102. (Code 1965, Sec. 9.25)
Sec. 30‑88. Private driveways - permit required.
No
person shall construct a private driveway without first obtaining a permit therefor. (Code 1965, Sec. 9.25)
Cross Reference ‑ No issuance of permit to
applicant indebted
to
city, Sec. 2-15.
Sec.
30‑89. Schedule establishing standard policy for driveways entering the
public streets.
ENTERING THE PUBLIC
STREETS
|
I. For establishments
catering primarily to the private automobiles. |
II. For
establishments catering to private and commercial vehicles. |
|
R Shall be no grater than 7 feet |
R Shall
be no greater than 10 feet |
|
W shall be no greater than 24 feet |
W Shall be no greater than 35 feet |
|
A Shall be no less than R plus one foot |
A Shall be no less than R plus one foot |
|
B Shall be R plus 6 feet, Minimum |
B Shall be no less than R plus 6 feet |
|
C Shall be no less than 2 feet and shall be such
to permit full utilization of space for parking |
C shall be no less than 2 feet and shall be
such to permit full utilization of space for parking |
|
D Shall be no less than 4 feet |
D Shall be no less than 4 feet |
(Code
1965, Sec. 9.24)
Sec. 30‑90. Private driveways - construction
requirements.
(a) The dimensions for construction of
private driveways shall be in accordance with that portion of the schedule
adopted in section 30‑89 entitled "Section 1 for establishments
catering primarily to the private automobile".
(b) All private driveways must be
constructed according to the specifications of this section and under the
direction of the City Consulting Engineer.
(c) All service driveways shall be
constructed of Class X concrete at least five (5) inches thick or of gravel,
grade, or washed stone, Grade 8, at least five (5) inches thick and shall have
a bituminous surface except as herein stated.
(d) At locations where curb and gutter are
not in place, the type of construction may be gravel, grade 7 or crushed stone,
grade 8 at least four (4) inches thick. (Code 1965, Sec. 9.25)
Sec. 30‑91. Street access prohibited; approval of
permit in certain situations.
(a) No permit shall be issued for direct
access onto a public street in situations where a private driveway is proposed
on a residential lot that borders upon or has access to a public alley.
(b) A permit may be issued in cases where
unique circumstances exist, subject to the recommendation of the City
Consulting Engineering and approval by the City Council. (Ord. No. 2001-72,
ARTICLE
V. SERVICE DRIVEWAYS
Sec. 30‑102. Definition - service driveways.
The
term "service driveway" used in this article shall mean any driveway entering
any street from a public garage, parking lot, gasoline station, factory, store,
warehouse, or any other private business, intended for use and used by the
public. (Code 1965, Sec. 9.24)
Sec. 30‑103. Service driveways - permit required.
No
person shall construct or maintain a service driveway in the City without first
obtaining a permit therefore, and payment of the permit fee required by this
article. (Code 1965. Sec.9.24)
Cross Reference ‑ No issuance of permit to
applicant indebted to City, Sec. 2‑15.
Sec. 30‑104. Service Driveways - Application.
Any
person desiring to obtain a permit for any service driveway shall file an
application therefore with the City Consulting Engineer. This application shall
be in writing and shall have attached drawings showing the proposed
construction, particularly showing the information pertaining to A, B, C, W and
R as shown on the schedule adopted by section 30‑89 entitled
"Standard Policy for Driveways Entering the Public Street." The application shall contain information
showing the type of construction, the length of the driveway, the exact
location of the driveway and any other information which may be required by the
City Consulting Engineer. (Code 1965, Sec. 9.24)
Sec. 30-105. Service Driveways - Fees.
The
permit fee for each service driveway approved by the City Consulting Engineer
shall be one dollar ($1.00) per lineal foot of service driveway length or
fraction thereof. (Code 1965, Sec. 9.24)
Sec. 30‑106. Service driveways - maximum length.
The
length of service driveways and their location with respect to the right‑of‑way
lines of public streets shall be in accordance with standards and
specifications shown on the schedule adopted in section 30‑89. (Code
1965, Sec. 9.24)
Sec. 30‑107. Maximum number of service driveways at a
single business.
No
more than two (2) service driveways shall be permitted in one hundred (100)
feet of frontage to allow entrance to a single business or establishment. (Code
1965, Sec. 9.24)
Sec. 30‑108. Service Driveway - construction requirements.
(a) All service driveways must be
constructed according to the specifications of this article and under the
direction of the City Consulting Engineer.
(b) All
service driveways shall be constructed of Class 4 concrete, at least six (6)
inches thick and reinforced with 6 x 6-6/6 wire mesh except as here in stated:
1. At locations where curb and gutter are
not in place and a permanent street grade is established the type of
construction may be gravel on crushed stone base and bituminous concrete
surface. The gravel or crushed stone shall be Illinois Division of Highways
grade 7 or grade 8, having a minimum compacted thickness of seven (7) inches
and the bituminous concrete surface shall be Illinois Division of Highways
Class, Subclass B‑5 or Class 1, Subclass 1‑11, having a minimum
compacted thickness of two (2) inches.
2. At locations where service driveways
are constructed in conjunction with a street construction or reconstruction
project, the service driveways may be the same construction as the street being
improved.
(c) Curb returns and expansion joints shall
conform with the standard specifications of the City Consulting Engineer.
(d) All service driveways shall cross the
outer parking strip and the sidewalk at an angle of not less than forty‑five
(45) degrees to the curb line. (Code 1965, Sec. 9.24)
Sec. 30‑109. Service driveways - restrictions or refusal
of permit in certain situations.
Where
a service driveway will create undesirable traffic conditions, restrictive use
of the public street, unsafe conditions for pedestrians or uneconomic
distribution of curb parking, the City Consulting Engineer may in the best
interest of the City place restrictions on the construction or maintenance of
service driveways or may refuse to issue a permit for the construction or
maintenance thereof. Such refusal shall be subject to review by the traffic
committee of the City Council. (Code 195, Sec. 9.24)
Sec. 30‑110 ‑
30‑120. Reserved.
ARTICLE
VI. SIDEWALK CONSTRUCTION
*Cross
Reference ‑ No issuance of permit to applicant indebted to City, Sec. 2‑15.
Sec. 30‑121. Permit for sidewalk construction on City
property.
No
person shall construct a sidewalk on City property without first obtaining a permit
therefore. (Code 1965, Sec.9.17)
Sec. 30‑122. Sidewalk construction - grades.
(a) The City Council shall establish the
grades for all sidewalks, which shall conform, as nearly as may be to the
grades of their respective streets. The inner or lot side of sidewalks shall
conform to grades established and the walk surface shall have a uniform slope
or inclination toward the street of one quarter (1/4) inch to each one foot of
width of walk. When the grade of the sidewalk is established from the top of
the curb, the street to lot side of the walk shall have a minimum rise of one‑quarter
(1/4) inch and a maximum rise of one‑half (1/2) inch from the top of the
curb to each one foot of terrace. Where no permanent grade is established, the
City Consulting Engineer may give a temporary grade. He shall, when requested
by any person desiring to build a sidewalk, stake out the grade thereof without
charge to such person.
(b) No person shall construct or lay any
sidewalk where no grade has been established by the City Council, without
having first obtained a grade therefore from the City Consulting Engineer or
contrary to any grade given by the engineer, nor construct any sidewalk
contrary to any grade established by the council. (Code 1965, Sec. 9.17)
Cross Reference ‑ Elevation for grades of
sidewalks. Sec. 2‑14.
*Cross
References ‑ Permits for building new residential, commercial or
industrial premises to be denied unless the plans also provide for the
installation and construction of curbs, gutters and sidewalks, Sec. 8‑3(a);
permits for improvements to existing structures exempted, Sec. 8‑3(b);
specifications, Sec. 8‑3(c), (d); waiver of requirement, Sec. 8‑3(e);
Building Inspector authorized to prohibit occupancy absent compliance, Sec. 8‑3(f).
Sec. 30‑123. Concrete requirements for sidewalk
construction - direction by City Consulting Engineer.
No
sidewalk shall be constructed in the City unless of P.C.C. concrete at least
four (4) inches thick, in sections not less than four (4) feet by five (5) feet
four (4) inches in size, and laid under the supervision of the City Consulting
Engineer. (Code 1965, Sec. 9.18; Ord. No. 78‑50, Sec. 2, 11-20‑78)
Sec.
30-123.1 "No sidewalk shall be
constructed in the City of Kankakee on private property in accordance with the
provisions of Section 30-123, unless a permit has been issued by the City Code
Department authorizing said construction." (Ord. No. 02-12,
Sec. 30‑124. Location and width of sidewalks.
The
inner edge of a sidewalk shall be one foot from the property line except in
subdivisions where existing walks have been constructed against the curb, in
which instances the sidewalk shall conform to such existing walks. Sidewalks
shall be constructed to a width of five (5) feet four (4) inches, where such
width is the established width. A sidewalk may be constructed to a width of
four (4) feet where such uniform width can be maintained. (Code 1965, Sec.
9.18)
Sec. 30‑125. Noncomplying
sidewalks declared nuisance; removal.
Any
sidewalk which is constructed differently than required by this article shall
be deemed a nuisance and may be removed by the Superintendent of the
Environmental Services Utility. (Code 1965, Sec. 9.18)
Sec. 30‑126 ‑
30‑129. Reserved.
ARTICLE
VII. PUBLIC TREE RESOURCE MANAGEMENT
*Editor's
Note‑‑Ord. No. 96-69, Sec. 1, passed September 16, 1996, was non
amendatory of the Code; hence, codification herein as a new Article VII, Sec.
30‑130, was at the discretion of the editor.
Sec. 30-130 Public Tree Resource Management
Responsibilities.
The
Superintendent of the Environmental Services Utility shall have jurisdiction
for Public Tree Resource Management over all tree locations, and plans for tree
installation, upon the public right of way.
The
Superintendent shall incorporate into his annual budget proposal the funding
necessary to support the Annual City Tree Work Plan.
Annually,
the Superintendent shall prepare and present to the Mayor, a proposal for Arbor
Day Observance on the last Saturday in April throughout the City of
The
Environmental Services Utility shall have an Arborist, certified by the
International Society of Arboriculture continuously assigned as part of the
department's budgeted manning authorization.
The
Arborist will:
(a) Conduct tree maintenance services in
accordance with the Public Tree Care Policy formulated by the Superintendent.
(b) Conduct maintenance services in
accordance with the job description maintained by the Superintendent, and in
accordance with National Arborist Association standards.
(c) Replace public trees with the following
species:
(1)
(2)
(3) Quercus Rubra Red
Oak
(4) Gleditsia Triacanthos Imperial
Locust
(5) Tilia Cordata Greenspire
(6) Fraxinus Pennsylvanica Patmore Ash
(d) Continually monitor the general health
and well being of the public tree crop for the earliest possible detection of
disease symptoms.
(e) With the advice of the State Forester review
the standard tree mix about every ten years, with the first review to be
conducted in 2006, and recommend to the Superintendent any changes for the
continued prevention of disease spread.
(f) Advise the residents and business
operators of adjacent property of tree species available as replacements so
that those citizens may participate in the selection process.
(g) Decide upon, and install replacement
species at locations where no resident of business operator has adjacent
property or interest.
(h) Prepare the Annual City Tree Work Plan
for the Superintendent's review not later than the last working day of the
month of February.
(i) Prepare and maintain the City Tree
Planning Inventory as defined in Chapter Three, "Knowing your Urban
Forest" handbook for Tree Board Members, National Arbor Day Foundation,
Incorporation
by direct reference:
(1) Sec 1-13, General Penalty for violation
of Code; continuing violations.
(2) Sec 2-10 (d), Maintenance
responsibilities of the Superintendent of the Environmental Services Utility.
(3) Sec 2-179, Creation of the office of the
Superintendent of the Environmental Services Utility.
(4) Sec 2-181, Authority to issue citations.
(5) Sec 22-27, Injuring or removing
vegetation, fences, signs etc.
(6) Sec 30-8, Trees overhanging streets.
(7) Sec 30-44, Excavations, Permit required,
bond or deposit.
(8) Sec 30-59,
(9) Sec 30-75, Moving Buildings, Surety and
other conditions.
(10) Sec 32-171.1, Parking prohibited on
terraces; no signs required.
(11) BOCA PMC, Sec PM-302.o Public Nuisance #2
(12) BOCA PMC, Sec PM-303.0 Exterior Property
Areas, PM 303.1
Annual Work Plan for
Arborist, Environmental Services Utility, FY 1996/1997.
(a) History:
|
YEAR |
TRIMMED |
REMOVED |
PLANTED |
|
1990 1991 |
216 |
70 |
43 |
|
1991 1992 |
339 |
141 |
136 |
|
1992 1993 |
202 |
98 |
92 |
|
1993 1994 |
83 |
120 |
48 |
|
1994 1995 |
361 |
80 |
99 |
|
1995 1996 |
240 |
101 |
84 |
|
|
|
|
|
|
TOTALS |
1441 |
610 |
502 |
(b) 1996 - 1997 Plan (Average + 5% except
planting = Average + 25%.
|
Trimmed - 252 |
Removed - 106 |
Planted - 104 |
(c) Budget:
|
TRIMMING @ .5 HOURS PER TREE |
$16,533.72 |
|
REMOVAL @ 1 HOUR PER TREE |
$13,909.32 |
|
PLANTING @ 1 HOUR PER TREE |
$13,646.88 |
|
MATERIAL @ $65.00 PER TREE |
$ 6,760.00 |
|
SUPERVISION @ .125 PER TREE |
$ 1,732.50 |
|
EQUIPMENT MAINTENANCE @ $15.00 PER HOUR |
$ 5,040.00 |
|
DISPOSAL @ $16.00 PER TREE |
$ 1,696.00 |
|
TOTAL 1996 - 1997 BUDGET |
$59,318.67 |
STREETS,
SIDEWALKS AND OTHER PUBLIC PROPERTY
INDEX
Barbed wire on or near sidewalks................................................................................. 30
- 17
Bond required for builders blocking
streets................................................................... 30
- 06
Building encroaching on street....................................................................................... 30
- 07
Connection of sanitary or waste sewers ....................................................................... 30
- 15
Detachable trash bins or containers in
streets................................................................. 30
- 23
Encroachment on roadway right‑of‑way
................................................................... 30
- 11.1
Encroachments on sidewalk.......................................................................................... 30
- 11
Extending sidewalk....................................................................................................... 30
- 12
Games on streets and sidewalks................................................................................... 30
- 04
Gates opening on to streets or sidewalks....................................................................... 30
- 18
Hauling materials through the streets.............................................................................. 30
- 19
House numbering......................................................................................................... 30
- 22
Inserting metal or glass in sidewalk
prohibited............................................................... 30
- 13
Obstructions in streets/alleys generally.......................................................................... 30
- 02
Obstructions by merchandise; display on
sidewalk........................................................ 30
- 09
Open cellar doors, wells, etc near street........................................................................ 30
- 20
Ordinances about streets not affected by
Code............................................................. 30
- 01
Permit for parades........................................................................................................ 30
- 03
Permit for use of sound amplification
equipment......................................................... 30
- 03.1
Removal of street obstructions...................................................................................... 30
- 10
Requirements for curb and gutters................................................................................. 30
- 21
Snow and debris on sidewalks...................................................................................... 30
- 16
Trees overhanging streets............................................................................................. 30
- 08
Use of coasters, roller skates ....................................................................................... 30
- 05
Water drainage on sidewalk......................................................................................... 30
- 14
ARTICLE II. EXCAVATIONS................................................................................................... 30
Excavating ‑ Barriers and lights..................................................................................... 30
- 46
Excavating ‑ Permit required; bond
or deposit............................................................... 30
- 44
Excavating ‑ Refilling generally...................................................................................... 30
- 45
Penalty for improperly repairing streets......................................................................... 30
- 48
Pipe and cable installations in streets............................................................................. 30
- 47
ARTICLE III. MOVING
BUILDINGS...................................................................................... 30
Application for permit to move
building(s)..................................................................... 30
- 72
Fee for permit to move building(s)................................................................................ 30
- 74
Moving buildings ‑ application; issuance........................................................................ 30
- 73
Moving buildings ‑ duty to use
care; liability.................................................................. 30
- 59
Moving Buildings ‑ surety and other
conditions.............................................................. 30
- 75
Obstructing streets......................................................................................................
30 - 58
Permit required to move building(s)............................................................................... 30
- 71
ARTICLE IV. PRIVATE
DRIVEWAYS.................................................................................... 30
Definition ‑ private driveways....................................................................................... 30
- 87
Establishing standard policy for
driveways..................................................................... 30
- 89
Private driveways ‑ construction................................................................................... 30
- 90
Private driveways permit
required
. 30 - 88
Street access prohibited, approval of permit in
certain situations
. 30 - 91
ARTICLE V. SERVICE
DRIVEWAYS...................................................................................... 30
Definition ‑ service driveways..................................................................................... 30
- 102
Number of service driveways at a
business................................................................. 30
- 107
Service Driveway ‑ construction
requirements............................................................. 30
- 108
Service Driveways ‑ application.................................................................................. 30
- 104
Service Driveways ‑ fees............................................................................................ 30
- 105
Service driveways ‑ maximum length........................................................................... 30
- 106
Service driveways ‑ permit
required............................................................................ 30
- 103
Service driveways ‑ restrictions ................................................................................. 30
- 109
ARTICLE VI. SIDEWALK
CONSTRUCTION........................................................................ 30
Concrete requirements for sidewalk
construction......................................................... 30
- 123
Permits for sidewalk construction on
privately owned property................................... 30-123.1
Location and width of sidewalks................................................................................. 30
- 124
Non-complying sidewalks declared nuisance............................................................... 30
- 125
Permit‑sidewalk construction on
city property............................................................. 30
- 121
Sidewalk construction ‑ grades................................................................................... 30
- 122
ARTICLE VII. PUBLIC TREE RESOURCE MANAGEMENT............................................ 30
Public Tree Resource Management ............................................................................ 30
- 130