It shall be unlawful for any person to cause, create, or maintain any obstruction of any street, alley, sidewalk or other public way, except as may be specifically authorized by law or ordinance or by the Director of Public Works. (Code 1959, §148.)

Sec. 17-2. Same--Drains. [back to top]

It shall be unlawful to obstruct any drain in any public street or alley. (Code 1959, §153.)

Sec. 17-3. Encroachments. [back to top]

It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property. (Code 1959, §152.)

Sec. 17-4. Injury to Pavement. [back to top]

It shall be unlawful to walk upon, drive any vehicle or animal upon or injure any newly laid street or alley pavement while the same is guarded by a warning sign or barricade, or to knowingly injure any street, sidewalk or alley pavement. (Code 1959, §145.)

Sec. 17-5. Use for Display of Goods for Sale; Writing or Marking on Pavement. [back to top]

It shall be unlawful for any person to use any street, sidewalk or other public place as space for the display of goods or merchandise for sale, or to write or mark any signs or advertisements on any such pavements. (Code 1959, §151.)

Sec. 17-6. Construction and Maintenance of Barbed Wire or Electric Fences. [back to top]

(A) Definitions.

(1) High hazard uses means electrical transformers, substations, transmission towers, sanitary sewerage treatment facilities and such other uses determined by the corporate authorities of the Village to be capable of posing an unreasonable risk to the health and safety of the public.

(2) Fire Protection District means the Addison Fire Protection District.

(B) It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or with any similar materials designed to cause injury to person, or any wire charged with electrical current anywhere within the Village except where an exemption has been obtained as hereinafter provided.

(C) The following standards and procedures shall apply for obtaining exemption from the prohibition against barbed wire fences:

(1)        The applicant will submit a written request for an exemption to the Director of Community Development, together with a one hundred dollar ($100.00) non-refundable fee and evidence demonstrating that the erection of a barbed wire fence is necessary in order to protect the health and safety of the public from a high hazard use.

(2)        The applicant will also provide, at the time of application, a certification by the Fire Protection District that the use is in fact a high hazard use. No certification shall be required if the use is specifically identified in the definition of "high hazard use" herein.

(3)        The Commercial and Industrial Commission shall conduct a hearing on the application and make a recommendation to the Public Health, Safety and Judicial Committee of the Village Board as to whether the exemption should be granted or denied.

(4)        The Committee shall review all the pertinent information with respect to the application, and the corporate authorities shall determine whether an exemption is warranted. The decision of the corporate authorities shall be final.

(5)        The exemption shall only apply to the particular use and the property identified in the application.

(D) Any person who has obtained an exemption under Subsection (C) and who subsequently changes the use of the property for which the exemption was granted shall, within ten (10) days of the change in use, apply for a new exemption. In the event that the new application is not made on a timely basis or in the event that the new application is denied, the previous exemption shall immediately be rendered null and void. In addition, the Director of Community Development, or his designee, as part of the business license renewal process, shall determine whether the particular use, for which an exemption has been granted, remains the same.

(E) Any person who has obtained a barbed wire fence exemption prior to December 16, 1991 shall be considered to have complied with the requirements of Subsection (C), and said exemption shall continue in force and effect subject to the remaining provisions of this Section.

(F) No exemption may be granted or continue in effect if the barbed wire portion of a fence is located within six (6) feet of ground level. (Ord. 80-05; 81-39; 91-89.)

Sec. 17-7. Throwing, etc., Glass, Nails, etc., on Street; Removal of Material Dropped on Streets Generally. [back to top]

(A) No person shall throw or deposit upon any street any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon any street.

(B) Any person who drops, or permits to be thrown, upon any street, any destructive or injurious material shall immediately remove the same or cause it to be removed.

(C) Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle.

(D) It shall be unlawful for any person to plow by motorized vehicle the snow from his property or from the Village right of way into the street, causing a hazard. (Ord. 62-58; 78-12)

Sec. 17-8. Permit Required for Constructing, Repairing, etc., Pavement. [back to top]

It shall be unlawful to construct or lay any pavement on any public street, sidewalk, alley, or other public way or to repair the same without having first secured a permit therefor. Applications for such permits shall be made to the Building Commissioner and shall state the location of the intended pavement or repair, the extent thereof, and the person who is to do the actual construction work. (Code No. 1959, §142.)

Sec. 17-9. Barricades and Lights; Required. [back to top]

Any person laying or repairing any pavement on a street, sidewalk, or other public place or making an excavation in the same shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work. Such barricades shall be protected by suitable lights at night.

Any defect in any such pavement shall be barricaded to prevent injury, and any person properly maintaining any opening or excavation in any such place shall guard such opening or excavation while the same remains open by the use of proper barricades and lights. (Code 1959, §149.)

Sec. 17-10. Same--Disturbing or Interfering With. [back to top]

It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley or sidewalk. (Code 1959, §150.)

Article II. Excavations.

Sec. 17-11. Policy of Village. [back to top]

It is the policy of the Village to discourage open cuts in pavement and to encourage augering under the pavement. However, it is realized that at times it may be necessary to open cut pavements and, hence, the need for a policy for street openings.

Sec. 17-12. Permit Required. [back to top]

The contractor or owner desiring to open cut any pavement in the Village shall obtain a permit from the Building Department prior to beginning work.

Sec. 17-13. Bond Required of Applicant. [back to top]

The application for the permit required by the preceding Section shall be reviewed by the Building Department. If approved, the contractor or owner shall then post a bond in the minimum amount of three hundred dollars ($300.00), the exact amount of such bond to be determined by the extent of the pavement opening.

Sec. 17-14. Notice To Be Given. [back to top]

Upon approval of the permit and posting of bond, the contractor shall give the engineering department a minimum of four (4) hours notice of its intention to open or cut the pavement.

Sec. 17-15. Setting of Signs, Barricades, etc. [back to top]

The contractor shall, after giving the notice required by the preceding Section, set all necessary barricades, signs, etc., for the protection of passing pedestrians and motorists after which he may begin work.

Sec. 17-16. Work Standards. [back to top]

The work engaged in pursuant to this Article shall be done in accordance with the following specifications:

(A) The cut shall be made and all excavated material removed from the street as soon as possible, but no later than 4:00 P.M.

(B) The utility shall then be inspected by the Engineering Department, after which the contractor shall begin his backfilling operations.

(C) The backfill shall consist of Grade 8 crushed stone which shall be placed in maximum nine (9) inch lifts, and compacted with a mechanical compactor to ninety-five percent (95%) density. This backfill shall be brought to the level of the subgrade.

(D) Where the cut is made in a residential street, the base course shall consist of eight (8) inches of bituminous concrete binder course. In an industrial or commercial street, the base course shall consist of eleven (11) inches of bituminous concrete binder course. This base course shall be brought to within one and one-half (1-1/2) inches of the surface of the adjoining pavement. The base shall be installed in two (2) lifts and compacted with a mechanical compactor.

(E) After a minimum of one (1) week, but not later than one (1) month, the contractor shall complete the patch. He shall first notify the Engineering Department, after which he shall sawcut the limits of the pavement cut in a straight line, clean the surface of the base, prime if necessary and then place and compact the bituminous concrete surface course so that it will be flush with the adjoining pavement. All excess material shall be removed from the site and the pavement swept clean.

Sec. 17-16.1. Closing of Streets. [back to top]

For the safety and welfare of the Village, the Village Manager may close any street to vehicular traffic when this becomes necessary because of construction of such street. Signs designating the closing of the street shall be constructed at either end of the street.

Sec. 17-17. Final Approval of Patch. [back to top]

After the patch has been completed, the Engineering Department shall make a final inspection and, if approved, the bond shall then be released.

Article III. Trees and Shrubs.

Sec. 17-18. Planting. [back to top]

It shall be unlawful to plant any tree or shrub in any public street or parkway or other public place without having first secured a permit therefor. Applications for such permits shall be made to the Director of Public Works. All trees and shrubs so planted shall be placed subject to the directions and approval of the Director of Public Works. (Code 1959, §164.)

Sec. 17-19. Removing, Cutting, etc. [back to top]

It shall be unlawful to remove or cut down any tree or shrub in any street, parkway or other public place without having first secured a permit therefor. Applications for such permits shall be made to the Director of Public Works. (Code 1959, §165.)

Sec. 17-20. Duty to Remove Certain Overhanging, etc., Trees. [back to top]

Any tree or shrub which overhangs any sidewalk, street, or other public place in the Village in such a way as to impede or interfere with traffic or travel on such public place shall be trimmed by the owner of the abutting premises on which such tree or shrub grows, so that the obstruction shall cease.

Any limb of a tree which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree grows or stands. (Code 1959, §168.)

Article IV. House Numbering.

Sec. 17-21. Preparation of Map; Assignment of Numbers, Delivery of Certificates, etc.; Compliance with Assigned Numbers. [back to top]

For the purpose of facilitating the correct enumeration of Village houses and lots, a plat of all the streets, avenues and public highways within the Village, showing the proper number of all lots or houses fronting thereon, shall be prepared at the direction of the Village Board and shall be filed with the Village Clerk. It shall be the duty of the Village Clerk to assign to each house its proper number and deliver free of charge to the owner or occupant a certificate designating each number and to adjust all mistakes and errors in numbering. No numbers shall be placed on any premises, except those contained in the certificate of the Clerk. (Code 1959, §130.)

Sec. 17-22. Design and Placement of Numbers. [back to top]

Each of the figures of every number assigned according to the provisions of this Article shall not be less than three (3) inches in height and proportionate width, and of such color and affixed in such place as to easily and distinctly read in plain view from the street. Such numbers shall be placed on the building either on, above or immediately to the side of the door, or at some other and more conspicuous place on the front of such building. (Code 1959, §131.)

Sec. 17-23. Changing or Altering Numbers. [back to top]

Whenever any premises have been numbered as provided in this Article, it shall be unlawful for any person to change or alter such number. (Code 1959, §132.)

Sec. 17-24. Violations. [back to top]

Any owner or occupant of any building in the Village who shall number such building without having first obtained from the Village Clerk a certificate designating the proper number, or who shall change or alter any such number or place any other number thereon except that contained in the certificate of the Village Clerk, or who shall violate any of the provisions of this Article, shall be deemed guilty of a misdemeanor. (Code 1959, §134.)

Article V. Snow Removal.

Sec. 17-25. No Parking After Snowfall; Designated Snow Routes and Other Arterial Streets. [back to top]

It shall be unlawful for any vehicle to be parked along any arterial street or designated snow route of the Village at any time when the snowfall shall reach a depth of two (2) inches. The designated snow routes shall be those streets as are determined by resolution of the board. These streets will be posted with the proper signing as snow routes. This prohibition against parking shall remain in effect until snow removal procedures are completed. (Ord. 79-74)

Sec. 17-26. No Parking After Four Inches of Snowfall; Emergency Snow Removal Plan. [back to top]

It shall be unlawful for any vehicle to be parked along and upon any street within the Village at any time when the snowfall shall reach a depth of four (4) inches. This prohibition against parking shall remain in effect until the snow removal procedures are completed. (Ord. 79-74)

Sec. 17-27. Determination by Director of Public Works; Duties. [back to top]

The Director of Public Works shall determine when the snowfall has reached the two (2) inch depth for the prohibition of parking on snow routes and the four (4) inch depth for the implementation of the emergency snow removal plan which prohibits all vehicles from being parked on any street. The Director, or his representative, shall immediately notify the Police Department and media when he determines the snowfall has reached the depth to require the implementation of snow removal procedures. The Director shall make or cause to be made a record of each time, date, and snow depth when any determination is made in accordance with this Section. (Ord. 79-74)

Sec. 17-28. Removal of Vehicles. [back to top]

The Police Department and all members thereof are hereby authorized to remove and tow away or to have removed and towed away by commercial towing service or by Village-operated vehicles, any car or other vehicle illegally parked which prevents and obstructs snow removal from public streets. Any vehicle which is stalled or is in any other way creating a traffic hazard because of its position in relation to the roadway is also subject to immediate removal. When such a vehicle is removed, the owner of the vehicle will be responsible for all towing charges. (Ord. 79-74)

Sec. 17-29. Evidence with Respect to Prosecutions. [back to top]

In any prosecution under this Article, proof that a particular vehicle described in the complaint was parked in violation of this Article, together with proof that the defendant named in the complaint was at the time the registered owner of such vehicle shall constitute prima facie evidence that the defendant was the person who parked in violation of this Article. (Ord. 79-74)

Sec. 17-30. Depositing of Snow and Ice Restricted. [back to top]

No person, partnership, corporation or other business entity shall deposit or cause to be deposited any snow or ice on or against a fire hydrant, regulatory sign, sidewalk or street within the Village.

It shall be unlawful to pile or otherwise windrow snow along driveways to such a height as to obstruct the vision of drivers seeking access to and from any Village street. (Ord. 79-74)

Sec. 17-31. Penalty. [back to top]

Any person, firm, corporation or other business entity violating the provisions of Sections 17-25 to 17-30 shall be fined not less than twenty-five dollars ($25.00) for each offense nor more than one hundred dollars ($100.00).

Sec. 17-32. Multi-Dwelling Parking Lots. [back to top]

Every owner of an apartment or any other multi-family dwelling house consisting of three (3) or more units shall clear the driveway, driveway approach, and off-street parking spaces and parking lots within twelve (12) hours after the Director of Public Works has determined that the snowfall has reached a depth of four (4) inches. (Ord. 79-74; 08-19; 10-26)

Sec. 17-33. Penalty. [back to top]

Any owner who violates the provisions of Section 17-32 shall be subject to a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each offense. (Ord. 79-74)

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CHAPTER 17. STREETS AND SIDEWALKS

VILLAGE OF ADDISON CODE

Chapter 17 – Streets and Sidewalks