§ 90-221. Obstructions in streets and rights-of-way.

(a)

No person, firm, or corporation shall obstruct, stop, or unduly interfere with the free flow of stormwater or surface water along, under, or over any public road, street, or rights-of-way, including the unsurfaced area of any rights-of-way or easement, in the city, except as provided by this chapter or other pertinent provisions of this Code, state laws, or city ordinances, rules, or regulations.

(b)

No person, firm, or corporation shall erect, construct, place, or maintain any speed bumps, horses, ridges, depressions, fences, gates, pipes, chains, bars, or any other type of structure or obstruction in, on, or across the paved portion of any public street or roadway within the city. In addition, speed bumps shall be prohibited on any private street within the city.

(c)

No person, firm, or corporation shall erect, construct, place, or maintain anything, including but not limited to rocks and boulders, within the unpaved portion of any rights-of-way owned by the city except as follows:

(1)

Grass and/or landscaping materials such as flowers, trees, and bushes, provided that such landscaping materials do not hinder sight distance, become a public nuisance, or otherwise obstruct or interfere with the free and safe movement of traffic.

(2)

Mailboxes as authorized or required by postal authorities.

(3)

Traffic control devices and signs installed and maintained by the city or other governmental entity.

(4)

Public utility lines and equipment including, but not limited to, street lights, cable television installations, and utility poles, provided that appropriate permits are obtained from the city and are in compliance with the requirements of this chapter.

(5)

Private driveways and sidewalks, provided that appropriate permits are obtained from the city and are incompliance with the requirements of this chapter. This authorization shall not be construed to allow for installation of parking pads adjacent to or parallel with the roadway.

(6)

Directional or informational signs as may be approved by the city council.

(7)

Lawn sprinkler systems, invisible fences, or similar subsurface installations may be installed or maintained on the public rights-of-way exclusively at the risk of the person, firm, or corporation installing or maintaining the same. In the event that such systems are installed or maintained in the public rights-of-way, the city shall have no responsibility or liability whatsoever for removal of or damage to such systems as a result of the use, maintenance, or repair of any street, sidewalk, or rights-of-way by the city or its agents, employees, contractors, or representatives, nor shall the city be responsible or liable for any damage done to any such item caused by or resulting from the use of the public rights-of-way by members of the public.

(d)

Any items placed, constructed, maintained, or located in the public rights-of-way contrary to the provisions of this chapter shall be removed by the person or persons responsible for their installation within 15 days of receipt of notice from the city. In the event that an item shall not be removed within the time allowed, the same may be removed by the city and any and all expenses for doing so shall be borne by the person or persons responsible for improperly placing, constructing, maintaining, or locating such items.

(e)

Any person convicted of violating any provision of this section shall be punished as provided in section 1-9 of this Code of Ordinances.

( Ord. No. 2222 , § 1, 2-19-2019)