Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
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ARTICLE I. Sec. 110-1. Unlawful obstructions; construction materials.
(a) It shall be unlawful to leave any material while building or repairing any house or building, or doing other work, in such a condition as to endanger persons or vehicles in passing along any street, alley, or public way, and without keeping on same at night a suitable light at such points thereon as may be easily seen to warn the public of danger.
(b) It shall be unlawful to erect, build, construct, deposit or place, or to procure or cause to be erected, built, constructed, deposited or placed upon or in any street, or any place where the public has a right of passage, any house, cellar, stable, shed, fence, enclosure, walls, foundations, or any other structure, or any lot or part thereof abutting on a street, to permit any obstruction to remain upon the sidewalk in front of such lot or part thereof; or for the owner or occupant of such lot or part thereof to permit any sidewalk in front of such lot or part thereof to remain in such condition as to prevent convenient and safe use thereof by the public.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-2. Liability of owner of abutting or encroaching building.
Any building or structure abutting or encroaching upon any public street, alley or sidewalk is hereby declared to be a public nuisance against the welfare and safety of the public, and the owner, lessee or agent of the owner of any building allowing such building or structure to abut upon or encroach upon any public street, alley or sidewalk, shall be held responsible and shall be punished as provided by section 1-9.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-3. Placing matter on streets, sidewalks; penalty; abatement.
(a) It shall be unlawful to place on any street, any firewood, empty boxes or barrels, shavings, bricks, refuse or building materials; or to throw or deposit offal or other offensive matter in any street, or to discharge, or permit to be discharged from his premises, so much water or other liquids as may put any parts of the streets in bad order, or to obstruct the gutters or sewers with dirt, trash, wood, lumber, brick or other material; or to obstruct or injure, any way or manner, any pavement, curbing or improved sidewalk; or to obstruct, or cause or allow to be obstructed, any sidewalk or crossing; or to remove grass, earth or sand from, or to dig up any street, or to deposit material of any kind on any street without permission of the chief city inspector.
(b) Upon the trial of any person who may be found guilty of violating subsection (a) of this section, the municipal court shall direct such person to forthwith remove such obstruction, if it exists at the time of the trial, and each day's neglect to remove the same shall be considered a new offense. The municipal judge shall have power to direct the chief of police to abate and remove such obstructions.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-4. Trees, shrubs, etc.; removal or planting; permit; removal by city.
(a) When in the opinion of the chief city inspector any tree or other obstacles hinder or obstruct travel on any sidewalk or street, he shall have the same pruned or removed at the expense of the owner of the abutting property.
(b) When any trees are to be planted or removed from any point within the lines of the street, the same shall be planted or removed only under permit from the chief city inspector, and any expense incurred shall be paid by the owner of the trees.
(c) The chief city inspector is hereby authorized and directed to prune, remove or cause to be removed any tree, shrub or other obstruction to travel, upon any street, sidewalk or the curb lines or traveled ways of any street within the city; provided, before making any such removal of any such tree, shrubbery, or other obstruction, the chief city inspector shall give the owner of the property upon which the same is located an opportunity to make such removal, by written notice to such owner ten days in advance of such removal.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-5. Injury to trees, shrubs, etc.
It shall be unlawful to injure in any manner any tree, shrubs or grass growing upon any city property, or to cut, break or destroy any building or other thing belonging to, or under the control and care of the city.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-6. Throwing destructive or injurious materials on highway.
(a) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon the highway.
(b) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove it or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle.
State law reference(s)--Similar provisions, A.C.A. § 27-51 -- 1405.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-7. Obstruction of view at street corners.
(a) It shall be unlawful to construct, maintain or permit to remain, any fence or structure or bushes or other plants, or any other object or thing of any nature whatsoever, on a corner lot within 30 feet of the street line, which obstructs the view, at a height more than three feet above the level of the adjacent street pavement.
(b) Any person violating subsection (a) of this section shall be fined as provided by section 1-9 and a separate offense shall be deemed committed on each day during or on which any such obstruction to the view is permitted to remain after notice from the chief city inspector to remove the same.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-8. Establishment of work zones and construction in public rights-of-way.
At all times and periods during which any work upon, in, under, above or about any street, alley, curb, gutter, sidewalk, or any public right-of-way within the city, the person or persons performing the work shall establish a work zone in accordance with the requirements of this chapter. The work zone shall include, but not be limited to, all necessary and proper barriers and other safeguards, including watchmen, if necessary, upon and around the work for the prevention of accidents, and at night be required to place, maintain and keep suitable and sufficient lights and flares to warn of the obstructions and hazards.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-9. Reserved.
Sec. 110-10. General authority of the city department designed by the mayor.
The superintendent of the street department is hereby designated by the mayor to enforce the provisions of this article. The street superintendent or his/her designated representative may issue a stop order and suspend work pursuant to this article when necessary to ensure safety in work zones or for the safety of the public.
Stop orders, notices and instructions may be given to the contractor or his agent or to any person in charge of the work on the ground.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-11. Requirements of work zone plans.
The street department, as designated by the mayor, shall have the power to make reasonable regulations and shall use part VI "standards and guides for traffic controls for street and highway construction, maintenance, utility and incident management operations" of the manual on uniform traffic control devices for streets and highways for barricading of construction areas within the public right-of-way. The department may require, as a part of any barricade plan, that the applicant maintain such barricades, signals, signs, or other traffic-control or safety devices according to such regulations. The department may require that work be done only at certain hours during the day or night, that materials or equipment used in such work and dirt and materials removed from an excavation be located other than adjacent to the work area where feasible. In addition, the department may require that any excavation be covered with materials of sufficient strength and construction to permit vehicular traffic to pass over such excavation at peak traffic hours, where such requirements are necessary in the interests of safety and to avoid traffic congestion.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-12. Fee.
The area of public property on which fees shall be paid shall be that space, enclosed within and occupied by any barricade, fence, covered walkway or tunnel. Charges for such use shall be made for the day, and any fraction of a day, on the following basis: for public space occupied, one cent per square foot, with a minimum fee of $20.00 per day.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-13. Action by city to correct deficiencies.
In the event a stop order is issued, the person holding the permit and engaging in the work shall restore the work area to its proper condition as called for in the barricade plan and permit upon demand by the city. In the event such is not done within 24 hours from receipt of notice to do so, the city shall be authorized to and may, at its election, take charge of the work and restore the premises to the condition called for in the barricade plan and permit. The city shall be entitled to receive from the contractor, by civil action, twice the actual expense incurred by the city in so acting. Expenses shall include, but not limited to, cost of labor, materials, overhead, and reasonable rental of any equipment used by the city in restoring the site, and for such purposes. The city shall have a right of action against any bond in effect running from the holder of the permit to the city conditioned upon compliance with the ordinances of the city in the performance of the work.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-14. Penalty.
Any person convicted of a violation of any of the provision of this section shall be punished in accordance with the provisions of section 1-9.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-15. Article supplemental to building code.
The provisions of this section are as supplemental to the building code.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-16. Civil liability.
The person or persons doing work under a permit pursuant to this article shall indemnify and hold harmless the city from actions, claims, costs, damages and expense to which the city may be subjected by reason of any injury or alleged injury to any person or property resulting or alleged to result from or to be occasioned by any act, negligence, carelessness or want of skill in connection with or in the conduct of the work, or in guarding same, or from any improper methods, tools, implements, or materials used in its prosecution or by or on account of any alleged act or omission whatever of the contractor or his agents, employees or servants. The contractor doing the work under the permit shall pay all sums so recovered against the city in any suit on account of such alleged injuries to which the city may be made a part, together with all such costs, damages and expenses as my be suffered by the city, all in a manner as to hold the city harmless from all such actions or claims.
(Ord. No. 3258, § 1, 11-12-02)
Secs. 110-17--110-30. Reserved.
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