University of Virginia Library

CHAPTER XIX.

Streets and Sidewalks.

Sec. 144. Streets and sidewalks—general provisions.

The term "streets" when used in these ordinances shall be held
to mean public streets, sidewalks, alleys, lanes and highways of
the City, except where by the context or by reasonable intendment
sidewalks are not included.

Sec. 145. Streets and sidewalks—grading and paving.

Whenever the paving, grading, or making of sidewalks or
streets anywhere in the City is ordered by the Council, it shall
be the duty of the City Manager, when in his opinion such street
or sidewalk should be so graded as to raise or lower the same
materially with reference to the property of abutting lot owners,
to make his plans of such improvement, showing accurately in
feet and tenths the elevation or lowering of the street with reference
to such adjacent property.

Before proceeding with the work the City Manager shall obtain
from the owners of the property to be affected by such
change of grade, a written waiver of all damages. If such property
owners refuse to sign such waiver the City Manager shall
report the situation to the Council and receive authority from
that body before proceeding with the work.

Sec. 146. Streets and sidewalks—laying sidewalks.

Whenever any citizen or property owner desires a sidewalk to
be laid along the street boundary of property he shall make written
application to the Council through the City Manager agreeing
to pay two-thirds of the cost of such construction and waiving
all damages by reason of such construction. The City
Manager shall have an estimate made of the cost of such improvement,
and upon the applicant making a deposit of two-thirds
of such estimated cost, the City Manager shall present said
application to the Council for its action.

Upon completion of the work the City Manager shall cause
an account of the cost of the work to be made and delivered to

the City Auditor, who shall make three copies of the same, forwarding
one copy to the City Collector, one to the Department
of the City under whose supervision the work was done, and one
to the applicant. Said statement shall be credited by the deposit
and the residue, if any, shall be returned to the applicant.

Whenever any citizen or property owner desires to lay a sidewalk
for themselves in a City street, he shall make application to
the City Manager in writing who shall grant such permission
upon condition that the applicant make such improvement at his
own expense and do the work under the supervision of the City
Manager.

Where no application is received the Council may require a
sidewalk to be laid as provided by the State law or may direct a
sidewalk to be laid in such other manner as it may specify not in
conflict with the State law.

Sec. 147. Streets and sidewalks—removing pavements
and excavating in streets and alleys.

No person, unless specially authorized by the Council, shall
take up or remove any portion of the surface of the sidewalk, or
street, or excavate in any public street or alley of the City without
written permission of the City Manager, who shall not refuse
permission to any applicant except for cause, but in case of refusal
the applicant may appeal to the Council. Before such permit
is granted the City Manager may require a deposit sufficient
to pay for resurfacing the street to be disturbed, the amount of
such deposit to be determined by the City Manager. It shall be
the duty of every person to whom a permit to remove a pavement
or street surface or excavate in any street or alley, shall
have been granted, to institute at once and prosecute without delay
the work for which such permit was obtained, and promptly
on its completion give written notice thereof to the City Manager.
No pavement, sidewalk, or street surface shall be replaced, after
being taken up, by any person except under the direction of the
City Manager. If the applicant fails to resurface the street disturbed
promptly and in a manner approved by the City Manager,
the City Manager is authorized to cause said work to be done at
the expense of the applicant.

Any person found guilty of taking up any pavement, sidewalk,

or street surface, or excavating in any street or alley in the
City without the written permission of the City Manager shall,
upon conviction, be fined not less than $5.00 nor more than
$10.00 for each offense, and each day that such violation continues
shall constitute a separate offense.

Any person to whom a permit is granted to do such work as
provided in this section shall place guards or barriers around such
excavation and shall protect it by warning lights at night, and
shall be responsible for damages to persons or property caused
by such excavations until taken in charge by the City Manager.
Any person failing to place such guards, barriers or lights as required
by this section, shall be fined not less than $1.00 nor more
than $10.00, and each day's neglect shall constitute a separate offense.

Every person who shall make application as above specified
shall be deemed to have assented thereby to all the provisions and
terms of this section including the right of the City to collect the
actual cost of replacing the pavement, sidewalk or street surface
in the manner above directed.

The provisions of this section shall not apply to work done by
City forces under the supervision of the City Manager, but the
City Manager may prescribe regulations for work done on City
streets by City forces.

Sec. 148. Streets and sidewalks—exposed water pipes.

When, in repairing or grading or otherwise disturbing a street,
any water pipe is left uncovered or exposed, it shall be the duty
of the person in charge of such work to forthwith notify the
City Manager of such exposure. For failure to give such notice
the party in default shall be liable to a fine of not less than $2.00
nor more than $25.00.

Sec. 149. Street signs, fire hydrants and monuments.

Any person who shall unlawfully deface, remove or displace
any street signs, fire hydrants or monuments marking the street
lines or City boundaries shall be punished by a fine of not less
than $10.00 nor more than $50.00, or by imprisonment in jail of
not more than thirty days, or both.

Sec. 150. Encroachments on streets.

In every case of an encroachment upon a street by a building,
wall, fence or other structure, the City Manager may require the
owner or maintainer thereof to remove the same. For failure to
make such removal in the time ordered the Civil and Police Justice
may impose a penalty of $5.00 for each day said failure shall
continue thereafter, and may cause such encroachment to be removed
at the risk and cost of the party in default.

Sec. 151. Entrances on sidewalks to cellars and area
ways prohibited.

No entrances in sidewalks to cellars or area ways shall hereafter
be permitted.

Every cellar or area which opens in a sidewalk shall have such
opening covered with substantial metal grating, rough-surface
metal, or metal and glass, which shall be flush with the pavement;
and no such opening to any existing cellar or area shall be
recovered, nor shall the covering thereof be repaired or renewed
except with such material and in such manner as above required.
The entrance to every cellar which opens in a sidewalk shall be
covered with two doors of equal width, without joints and so
constructed when closed that they shall be flush with the pavement,
and when open shall each stand upright and at right angles
to the pavement and be held in such position by connecting bars
or chains at the end of said doors nearest the curb-line. No cellar
door shall be allowed to fall back or lie flat upon the street or
side walk, nor to remain open any longer than necessary and
while in actual use. The owner or occupant of any house the
cellar or area to which does not conform to the requirements of
this section who shall, after notification by the City Manager,
fail or refuse to comply with its provisions, be fined $5.00 each
day such violation continues. Any person violating the other
provisions of this section shall be fined not less than $2.00 nor
more than $10.00 for each offense.

Sec. 152. Coal and fuel holes in sidewalks.

No opening in a street or sidewalk for fuel or coal hole shall
exceed 18 inches in diameter. Such opening shall be covered
with a substantial metal cover with a rough surface placed flush

with the surface of the sidewalk. Such fuel or coal holes hereafter
constructed shall be in accordance with plans first approved
by the City Manager and shall not be constructed until a written
permit shall have been obtained from the City Manager.

The owner or occupant of any building, the fuel or coal hole
to which does not conform to this section, or the owner, user or
lessor of any such fuel or coal hole, who shall, after notification
by the City Manager, fail or refuse to comply with its provisions,
shall be fined $5.00 for each day such violation continues. Any
person violating the other provisions of this section shall be fined
$5.00 for each offense.

Sec. 153. Cellar, vault and coal hole openings.

Every cellar, vault, fuel or coal hole opening in a sidewalk
shall be kept closed and the cover thereof securely fastened, except
when the same shall be actually in use by some person immediately
attending the same. The owner or occupant of the
building shall be responsible for any damage to persons or property
caused by any cellar, vault or coal hole opening. For a violation
of this section the penalty shall be $5.00 for each offense,
if it be committed in the daytime, and $10.00 if the same be after
nightfall.

If any one wilfully or maliciously open or cause to be opened
any such cellar, vault or coal hole opening in a sidewalk whereby
safety of users of the sidewalk is endangered he shall, upon conviction,
be fined not less than $5.00 nor more than $15.00, or imprisoned
in the City jail for not more than thirty days, or both,
and shall also be liable for damage or injury resulting from such
acts.

Sec. 154. Coal.

Whenever coal is handled or transported over or about any
sidewalk in the City, the person having such work done shall,
within one hour after such work is completed, have all particles
of coal or dust swept or removed from the sidewalk. Any person
violating the provision of this section shall be fined $2.50 for
each offense.

Sec. 155. Areas, cellars, etc.—defective covers.

Whenever the owner or occupant of any building to which is

attached any area, cellar, vault, fuel or coal hole opening in the
sidewalk shall be notified by the City Manager that the covering
thereof is insecure or dangerous it shall be his duty at once to
repair the same. For failure to do so within five days, he shall
be fined $5.00; and for each day of default after the expiration
of said five days, he shall be fined a like sum. And, provided
further, that in case of failure to repair within five days, the City
Manager may cause such repairs to be made at the cost of the
City, and the cost thereof, with twenty per centum additional as
a fine, shall be collected of the party in default in like manner as
fines and assessments are collected. The owner and occupant of
such building shall be responsible for damages to persons or
property caused by such defective covers.

Sec. 156. Drippings from buildings, eaves and gutters.

All buildings the eaves of which project over the sidewalk
shall be provided with gutters so that there shall be no dripping
from the eaves upon the sidewalk. All gutters, the waters from
which empty upon a street or sidewalk, shall be so constructed
as to discharge such water only at or below the surface of the
ground. The owner or occupant of any house not complying
with the requirements of this section, shall be fined, not less than
$1.00 nor more than $5.00 for each day such violation shall continue
after notification by the City Manager or Chief of Police
to remedy the fault.

Sec. 157. Drainage from lots, gutters or spouts.

No water from any lot, gutter or spout shall be permitted to
flow across the footway of any street except in a covered drain,
the cover of which shall not be above the surface of such footway.
Said drain shall be of sufficient capacity to convey the
water to be discharged by it, and shall be built and kept open and
in good repair by the owner or occupant of the premises whence
it proceeds.

Any person violating this section shall be fined not less than
$1.00 nor more than $5.00 for each day such violation shall be
permitted to continue after notice by the City Manager or Chief
of Police to abate the same. And provided further, that in case
of failure to comply with the order of the City Manager or Chief

of Police, within five days, the City Manager may cause the construction
to be made at the cost of the City, and the cost thereof,
with 20 per centum additional as a fine, shall be collected of the
party in default in like manner as fines and assessments are collected.

Sec. 158. Snow-breaks.

Buildings which are located on the line of any street shall be
provided with suitable snow-breaks or guards on the side next
to such street. The owner or occupant of any house who shall
fail to comply with this section, after being notified by the City
Manager shall be fined $5.00 for each day such failure shall continue.

Sec. 159. Gates and doors.

Every gate or door built or constructed in any fence or wall
standing on the line of any street (except doors to public buildings
which are required to be hung so as to open outward), shall
be hung so as to open inward. Any violation of the provisions
of this section shall subject the offender to a fine of $1.00 for
each day said offense shall continue after notice by the City Manager
to abate the same.

Sec. 160. Sidewalk crossings and entrances.

Whenever in order to provide for an entrance to any property
it is necessary to cross a sidewalk or drainage ditch it shall be
the duty of the owner of the property at his own expense to provide
an entrance approved by the City Manager: (a) For the
crossing of any drainage ditch the owner shall provide a pipe or
conduit of such size and length as may be specified by the City
Manager, such pipe or conduit to be placed or installed by the
City, (b) For the crossing of any sidewalk or curb which has
been previously constructed, the owner shall remove and replace
so much of the sidewalk and/or curb as may be necessary to provide
a suitable entrance subject to the supervision and inspection
of the City Manager and no such entrance shall be constructed
until a written permit has been obtained from the City
Manager.

Sec. 161. Vehicles on pavements.

No person shall, except on such pavement and at such places
as are provided for in the preceding section, drive a vehicle or
ride upon a sidewalk. Nor shall any person permit a vehicle to
stand on a sidewalk or upon a street crossing. The fine for violating
this section shall be $1.00 for each offense.

Sec. 162. Trucks, etc., on sidewalks.

No person shall use any truck, wheelbarrow, bicycle or handcart
on any sidewalk, except in receiving or delivering goods
across the same. Any one violating this section shall be fined
$2.00.

Sec. 163. Electric signs.

(1) Any person, firm, or corporation desiring to erect and
maintain an electric sign over any sidewalk, street, avenue, or
alley, shall make application for the privilege so to do, to the
City Manager, on printed forms to be furnished therefor.

(2) Upon applicant's compliance with the following requirements,
the City Manager shall issue to the applicant a construction
permit, limited to a period of construction only. The construction
and installation of all electric signs shall conform to
the rules and requirements of the National Board of Fire Underwriters
for the installation of wiring and apparatus for electric
light, heat and power and for the construction and installation
of electric signs and displays and in addition to such further requirements
as are incorporated in this section. The City Manager
shall, upon being notified of the completion of such sign,
cause an inspection of same to be made, and if such sign has been
constructed in accordance with the provisions of this ordinance
and is approved by the City Electrician, he shall then issue an
electrical permit without cost for the operation and maintenance
of such signs, until revoked, and the use of electric current previous
to the issuance of an electrical permit is prohibited. No
alteration shall be made on any sign erected or maintained under
authority of this section unless all the provisions of this section
are fully complied with and a permit issued for alteration.

(3) No permit required for the construction, erection or maintenance

of any sign shall be issued until the fee of one dollar
($1.00) has been paid.

(4) All applications shall be signed by the property owner and
permits to be issued by the City Manager shall be in writing and
there shall be two originals, one of which shall be delivered to
applicant and the other shall be kept on file in the office of the
City Manager.

(5) It shall be hereafter unlawful for any person, firm, or
corporation to erect or maintain any electric sign or signs except
as prescribed in this section, and to be permitted under this
section, an electric sign must be composed entirely of metal, excepting
the lettering or advertising designs to be illuminated,
which shall be composed of glass or other transparent or semitransparent
substance of sufficient thickness to be reasonably
safe from easy breakage; and where the electric lights illuminating
said sign are concealed, there shall be at least one electric
light for each letter or device on the said sign and not less than
ten lights in any sign. All signs must be approved by the City
Manager, and the electric lights used therein shall be not less
than 40 watts each.

(6) Circular or cylindrical signs of not less than 5 inches nor
more than 10 inches in diameter, and not greater than 5 feet, nor
less than 2½ feet in height (or length) will be permitted. A
sign of this type shall have within it at least one (1) 100 watt
light, or the equivalent in smaller lights.

(7) Miscellaneous signs: Other electric signs not provided
for in the foregoing classification shall be classified by the City
Manager. The City Manager shall have all electric signs inspected
at least twice a year to pass on public safety of same,
and is hereby authorized to order any sign down or put in proper
condition at any time it becomes a danger to public safety or fails
to meet with the requirements of this section.

(8) No sign, figure or ornament shall be permitted to project
over any sidewalk or street further than within two feet of the
curb line.

(9) Circular or cylindrical signs erected under the authority
of this section and over hanging any sidewalk, street, avenue or
alley must be placed at least 7½ feet above the sidewalk, street,
avenue or alley, and at a distance of not greater than 18 inches

from the building, or wall, measured from the extreme projection
of the sign to the nearest face of the wall or building.

(10) Other signs erected by authority of this section and over
hanging any sidewalk, street, avenue, or alley, must be placed
at least nine feet above the sidewalk, street, avenue, or alley.

(11) No sign shall be supported, anchored or braced to the
wooden beams or other framework of a building. Wooden supports
or braces will not be permitted.

(12) No sign (other than sky signs) shall be constructed or
erected having more than 50 square feet of surface and all signs
shall be designed to withstand a wind pressure of at least 30
pounds per square foot of surface.

(13) No sky sign shall be erected within the fire limits unless
constructed entirely of metal, including the supports and braces
for same, and no sky sign shall project beyond the building
line. Within the fire limits no sky sign shall be supported, anchored
or braced to the wooden beams or other framework of
a building. Sky signs shall be set back at least 8 feet from the
cornice or walls; on a street front, shall not project more than
two feet above the roof of the building and shall have a space at
least 6 feet in height between the bottom of the sign and the roof.

(14) No part of a sign, support or brace, shall be so placed
as to interfere with the ingress or egress from the windows or
doors in case of fire. Every electric sign shall be provided with
an electric switch on the outside of the building for use in case
of fire.

(15) In addition to complying to the provisions of this section
above, all signs erected and maintained under and by authority
of this section are subject to such mechanical requirements
as the City Manager may set forth or exact.

(16) If the owner of any electric sign discontinue business
at the place where the sign is located, such sign shall be taken
down, at the expense of the owner, within ten days after such
dicontinuance of business, and shall not be erected elsewhere in
the City except in conformity with the provisions of this section.

(17) No electric sign shall be used by anyone except by the
person, firm or corporation erecting the same, except with the
written consent of the City Manager.

(18) As a condition of the permission to erect, construct, or

maintain any sign covered by this section, the property owner,
the sign owner, and user of any such sign shall be and remain liable
for all damages and injuries caused by the construction,
maintenance or use of such signs, to persons or property, and
shall also indemnify and save harmless the City of Charlottesville
against all damages, it may sustain in any manner by the
reason of the construction, maintenance, or use of any sign
erected, constructed, or maintained over, on or in any street,
sidewalk, park or public place in the City. Provided that any
applicant for a permit to erect and maintain such sign where the
property owner refuses to agree to indemnify the City as above
provided may in lieu of such agreement by such owner, file an
indemnifying bond with some Surety Company authorized to do
business in this State as surety thereon in the penalty of $10,000.00
and properly conditioned for the protection of the City.

(19) Unless existing signs are specifically mentioned, the provisions
of this section shall apply only to signs hereinafter
erected or altered.

(20) Any violation of this section shall be punished by a fine
of not less than five nor more than twenty dollars for each day
the violation continues.

Sec. 164. Obstruction of streets.

No person shall obstruct a street, sidewalk, or the space vertically
above the same, by placing therein anything whatsoever
which will hinder or obstruct the passage of persons or vehicles
in any manner whatsoever; any person violating this section
shall be fined not less than $1.00 nor more than $5.00 for each
offense; and every hour the violation continues may, in the discretion
of the Civil and Police Justice, be held to be a separate offense;
but this section shall be subject to the following limitations,
exceptions and provisos, towit:

(a) Telegraph, telephone, electric light companies and electric
power furnishing companies may place such reasonable number
of poles as may be requisite for their business; but said poles
shall be located or moved according to the directions and under
the supervision of the City Manager.

(b) One-half of the street between curb lines opposite a lot
upon which any building or wall is being erected, may be used

for the purpose of laying timber and other building materials
during such reasonable time as may be necessary for such erection,
but no longer. Should there be buildings in course of construction,
on the opposite sides of the street at the same time,
then each may occupy one-fourth of such street; and in streets
through which a railway passes, such material shall not be so
placed as to interfere with cars thereon. When such building or
wall is being erected, the sidewalk in front thereof shall not be
obstructed; but, for the protection of persons passing, a shed or
platform shall be erected over the sidewalk which shall be at
least 7½ feet high, as wide as the pavement and as long as the
building or wall which is being constructed, under which persons
may safely walk. Any damage done to the street or sidewalk
by such building or contractor shall be repaired by him.

(c) Merchants and others, while receiving goods or articles,
may place the same on the outer margin of the sidewalk, using
as much thereof as may be necessary, and no more; provided the
public is not deprived thereby of the free and easy and comfortable
use of the sidewalk. Such occupation of the sidewalk shall
be for only such time as may be necessary for such reception or
delivery. It shall be the duty of the police to see that the sidewalks
are not so obstructed as to deprive the public of the use of
them as hereinbefore described. They are hereby clothed with
the power to require goods and other articles which in their opinion
obstruct the sidewalk to be moved at once.

(d) The persons placing such obstructions on the streets or
sidewalks shall be responsible for any damages caused thereby.

Sec. 165. Shade trees.

No person shall plant any shade trees in the streets or sidewalks
of the City without the previous consent of the City Manager,
who shall designate the proper line for the same. No North
Carolina Poplar, Lombardy Poplar or Cottonwood tree shall
be planted in the streets or alleys of the City, nor within ten feet
of the lines of the same. Any violations of this section shall
be punished by a fine of not less than $1.00 nor more than $5.00.
Neglect or refusal to remove such trees as have been planted
contrary to this section, when ordered to do so by the City
Manager shall be a warrant for having the trees removed by the

City, and the person planting the tree shall pay the cost of the
same and an additional fine of $5.00.

Sec. 166. Awnings—permit.

Swinging awnings may be constructed over streets or sidewalks
only after securing permit from the City Manager, provided
they are securely attached to the building. Such awnings
shall not extend beyond the curb line and all parts of such awnings,
including the curtains and flaps shall clear the sidewalk at
least 7½ feet. No awnings shall be constructed on a frame attached
to the sidewalk, curb or street.

Any person violating any provision of this section shall be
fined not more than $10.00 for each offense. Each day such violation
continues shall constitute a separate offense.

Sec. 167. Removal of obstructions from the streets, etc.

It shall be the duty of the police to promptly notify the City
Manager of all permanent obstructions of the streets, drains, or
culverts. The City Manager shall forthwith cause all such obstructions
to be removed by either the person responsible for the
same or whose duty it is to remove the same or failing in this to
have the same removed at the cost of the City. If any person
whose duty it is to remove any such obstruction fails or refuses
to do so within a reasonable time after being notified to do so by
the City Manager he shall be fined not less than one nor more
than ten dollars for each day that he defaults; and when the obstruction
is removed at the cost of the City, the party whose
duty it was to have removed said obstruction shall be fined in addition
to the foregoing penalty such a sum as equals the expense
incurred in and about such removal, together with twenty per
centum thereof in addition thereto.

Sec. 168. Barriers—erected when.

When any work is being done on structures abutting on any
street or sidewalk which may endanger persons passing along
such street or sidewalk, barriers shall be placed across the way
so as to prevent and warn persons against the danger. And no
bricks, slate or any other thing or substance shall be thrown off,
from or out of such structure or any part thereof into the street

or sidewalk, except within the space inclosed by such barriers.
When any ditch is dug or excavation is made in or abutting a
street or sidewalk sufficient barriers shall be placed around and
over the same to prevent persons or animals from falling therein,
and during the whole of every night while such excavation
or opening is uncovered or unenclosed, sufficient lanterns or
other noticeable lights, shall be conspicuously placed so as to cast
their light upon such excavation or opening. Any person violating
this section shall be fined $5.00, and each day's continuance
of the violation shall be deemed a separate offense. The
person failing to comply with the provisions of this section shall
be responsible for all damages resulting therefrom.

Sec. 169. Stopping travel on streets, and interfering
with barricades.

The City Manager or his authorized representative, shall have
the right to stop travel on any street when the same is being repaved
or improved, if he deem it necessary; and the Mayor shall
also have the right to stop travel on any street when requested
by a practicing physician to do so for the protection and comfort
of a patient during serious illness; and this shall be done by
ropes which shall be marked by some white cloth during the
daytime, and by lighted lanterns at night. Any one removing,
cutting or interfering with the barricades or lights, above provided
for, or driving or riding on those portions of the streets so
cut off, or in any way encroaching upon or interfering with any
portion of the streets of the City, when they are being repaved
or improved, shall be fined not less than $5.00 nor more than
$100.00 for each offense.

Sec. 170. Sidewalks—earth embankments abutting.

Wherever earth embankments abut on any paved street or
sidewalk, it shall be the duty of the owner of such property to
erect suitable barriers or retaining walls to prevent loose earth
or mud from falling upon such street or sidewalk. Any violation
of this section shall be punished by a fine of $5.00, and if
any person fail to conform hereto within a reasonable time after
being notified to do so by the City Manager, each day of default
shall be deemed a separate offense. If, however, a change in the

grade of the street, made by the City, produces an embankment
abutting on a paved street or sidewalk, it shall be the duty of the
City to erect protecting barriers, if deemed necessary by the
City.

Sec. 171. Sidewalks—duty of abutting owners or occupants.

It shall be the duty of every person owning or occupying
property abutting on a paved sidewalk to cause said sidewalk to
be kept clear of dirt or filth or dangerous or obnoxious matter
and substance. A violation of this section shall be punished by
a fine of not less than $1.00 for each offense, unless said dirt or
filth has been deposited on the sidewalk by the City or a public
service corporation over which the person owning or occupying
the abutting property can have no control.

Sec. 172. Removal of snow, sleet and ice.

It shall be the duty of every occupant or occupants of every
house or lot which abuts upon a sidewalk or footway of stone,
brick or wood, to have all snow removed from said sidewalk or
footway within six hours after the same shall have ceased falling,
unless said snow shall have fallen during the night or on
Sunday, in which case it shall be removed by 12 m. the day following.
The same requirements shall exist with respect to ice
or sleet on sidewalks or footways, except that the same, when it
cannot be removed without injury to the sidewalk or footway,
shall be covered within the period of time specified, with sand,
ashes or some other substance which will render it safe for travel.
Whenever any house or lot is unoccupied, it shall be the duty of
the owner, or the agent of the owner thereof, to have the snow
or ice removed from his sidewalk or footway, as above required
of occupants. The penalty for each violation of this section
shall be $2.00, and every six hours that said snow or ice is allowed
to remain in violation of this section shall be held to be a
separate offense.

Sec. 173. Refuse matter thrown on streets, etc.

It shall be unlawful for any one to throw into the streets or
sidewalks, or on private premises, any dead carcass, rubbish,

newspapers, hand bills, dirt, filth, shaving, manure, offal, ashes,
vegetables, fruit, broken glass, tacks, tin cans, or any matter or
substance or thing calculated to render the streets or premises
unclean or unsightly, or unsafe to any person or vehicle using
the streets, or liable to injuriously affect the health of the community.
Any person violating the provisions of this section shall
be fined not less than $1.00 nor more than $5.00.

Nor shall any garbage, offal or filth be removed from private
premises and deposited within the City limits at any place except
such as may be designated by the City Manager as a public
dumping ground.

Sec. 174. Removal of trash, garbage, ashes, etc., by the
City.

Such trash, garbage, ashes, etc., as the City elects to remove
shall be separated, by the citizens desiring to dispose of same,
into two classes, one of burnable matter such as trash, garbage,
tin cans, etc., and the other of non-burnable materials, such as
ashes, old metal, glass, etc. Each shall be placed in separate non-leaking
receptacles, which shall not be filled within four inches
of the top and placed along the edge of the sidewalk on such days
and at such hours as may be prescribed in rules and regulations
issued by the City Manager.

All such receptacles shall be removed from the sidewalk by
the owner thereof as soon as emptied.

The City Manager is hereby empowered to adopt and put into
force such rules and regulations governing the removal of ashes,
garbage and trash as he may deem necessary. And such regulation
after approval by the Council shall have the force and effect
of an ordinance.

Any person violating this section or any regulation which
may be prescribed shall be fined not less than $1.00 nor more than
$5.00 for each offense.

Sec. 175. Hauling earth, garbage, etc., over the streets.

The owner or operator of every cart or other vehicle employed
in removing or carrying dirt, sand, coal, manure or filth or offensive
matter of any kind or description, along or over any of
the streets of the City, shall have and keep the same in such tight

and secure condition that such matter shall not be scattered or
suffered to fall on any of the streets aforesaid, under a penalty
of $5.00 for each offense.

Sec. 176. Fruit peels or other slippery articles on the
streets.

No person shall throw upon any sidewalk or street crossing,
any rind, skin or peeling of any fruit or vegetable, or any other
article liable to make a person slip or fall. For any violation of
this section the offender shall be fined not less than $1.00 nor
more than $5.00 for each offense.

Sec. 177. Spitting on sidewalks, in street cars or public
places.

No person shall expectorate on any sidewalk or street crossing,
or in any church or public building or on the steps or doorways
thereof, or the steps or doorway of any store or office
building, or on the floor or pavement of any railroad station or
in any street car or other public places. For any violation of this
section the offender shall be fined not less than $1.00 nor more
than $5.00 for each offense.

Sec. 178. Coasting, snowballing, etc.

No person shall slide or coast upon the ice or snow in any
street or streets. No person shall throw any snowballs in the
streets. For a violation of this section the penalty shall not be
less than $1.00 nor more than $5.00.

Sec. 179. Unlawful assemblages in streets or elsewhere.

The assembling and collecting together of persons on the streets,
sidewalks or other public places, in such manner as to block up
and obstruct free passage shall not be permitted, and it shall be
the duty of the police to disperse such assemblages.

The assembling or collecting of persons on private premises
in such unusual numbers as to excite suspicion shall not be permitted,
and it shall be the duty of the police to disperse such assemblages,
and to arrest such members of the assemblage as have
been guilty of disorder.

Premises whereon such assemblages gather shall, when tenants

of near-by houses are disturbed, or for similar reasons, be
deemed disorderly, and the owner may, and the occupants shall,
be held responsible under penalties not exceeding $5.00 for each
offense.

Any and all persons refusing to disperse after being required
to do so by any officer shall be fined not less than $5.00 nor more
than $20.00.

Sec. 180. Loafing and loitering on the streets.

It shall not be lawful for any person to loaf or loiter on any
street, pavement or sidewalk of the City to the annoyance of
the occupant of any property along the same or to the annoyance
of persons passing on the same.

Any person found so loafing or loitering shall, upon the complaint
of any person so annoyed, be arrested by the police and
upon conviction shall be fined not less than $1.00 nor more than
$10.00 for each offense.

Sec. 181. Political processions—parades and flag poles.

No flag pole shall be erected in any of the streets of the City
except flags for decoration purposes which have been, or may
hereafter be authorized by the Mayor. No political procession
shall be allowed in the City and no parade or procession of any
kind shall be allowed in the City streets without permission of
the Mayor or City Manager. Any person violating the provision
of this section shall be fined not less than $5.00 nor more than
$50.00 or by confinement in jail for a period of not less than 30
days or both.

Sec. 182. Selling or trading or speeding animals in the
streets.

If any person shall trade, or show, or offer for sale, or sell any
stock of any kind in the streets or alleys of this City, or speed
therein any animals exhibited for sale or exchange he shall be
fined not less than $1.00 nor more than $5.00 for each offense.

Sec. 183. Auction sales in streets.

No person shall sell, or offer for sale, at public auction, on the
streets or sidewalks of the City any goods, wares, merchandise,

household furniture or other article or thing whatsoever, except
real estate. The penalty for violating this section shall not be
less than $2.50 nor more than $10.00.

Sec. 184. Unattended teams and animals on the streets.

If the owner or driver, or the person having charge of any
wagon, dray, cart, carriage or other vehicles shall suffer the
horse or horses, or other animal attached thereto, to run away
with the same in the City through negligence or want of proper
care; or shall suffer such animal or animals to stand upon any
street or alley of the City without being properly fastened by
the bridle or reins, or without having some person to watch the
same and prevent their starting, every person so offending shall
be fined not less than $1.00 nor more than $10.00 for each offense.

Sec. 185. Feeding in the streets.

No person shall feed his animals in the streets of the City.
Any violation of this section shall be punished by a fine of $1.00.

Sec. 186. Backing up wagons to sidewalks.

No wagon, truck, or other vehicle shall be allowed to back up
to the sidewalk except for the purpose of loading or unloading,
and all the time said vehicle shall remain backed up to said sidewalk
over and above such time as may be necessary for the purpose
the driver or owner of such vehicle shall be fined not less
than $1.00 nor more than $5.00 for each hour or part of that
hour that it shall stand so backed up. And no person shall be
allowed to obstruct the streets while loading or unloading said
vehicle, when required to move out of the way; and for failure
to do so such person shall be fined to the same extent as heretofore
provided.

Sec. 187. Excavations—private lots.

All holes, depressions, excavations or other dangerous places
upon private lots that are below the grade of the adjoining street,
shall be properly enclosed with fences or walls, or filled up by
the owners or occupants of said lots, so as to prevent persons or
animals from failing therein. It shall be the duty of the Chief of

Police and City Manager to notify the owner or occupants of
premises on which such dangerous places exist, and require that
fences or walls be built around them, or that they be filled up
within such period as they shall deem that the exigencies of the
case may require. In case of failure to comply with such notification,
said owners or occupants shall be fined $5.00 for each day
such failure shall continue, and the City Manager may cause such
fencing or filling to be done at the expense of the City, and the
sum so expended, with twenty per centum thereof added as a
penalty, shall be collected of said owner or occupant as other fines
are collected.

Sec. 188. Private alleys.

It shall be the duty of every owner of a private alley to have
the same so graded as to prevent the accumulation therein of
water or filth, and keep the same constantly clean and in good
order.

Any person failing to comply with the provisions of this section
shall be fined not less than $1.00 and not more than $5.00;
and every twenty-four hours that he shall so neglect or refuse
to comply with the provisions of this section after notice of the
violation by the City Manager or Chief of Police, shall constitute
a separate offense.

Sec. 189. Street drumming.

Any person who shall obstruct or unduly interfere in any way
with the passage of persons along any of the streets or sidewalks
of the City for the purpose of inducing them to purchase any
article or thing or to enter any shop, store or stall, or any hotel,
boarding house or restaurant or like establishment, or who shall
importune passers-by to make any such purchase or enter any
such establishment, or who shall in any disorderly or undue manner
solicit trade, custom, or patronage in or along the streets or
sidewalks of the City, shall be punished by a fine of not less than
$5.00 nor more than $25.00.

Sec. 190. Barb wire fences.

No person shall erect along or on any street or sidewalk of
the City what is known as barb wire fencing. Any violation of

this section shall be punished by a fine of $5.00, and each day
that such violation continues after notification by the Chief of
Police or City Manager to remove such fence shall constitute a
separate offense.

Sec. 191. Hand bills.

It shall be unlawful to affix any hand bill, poster, or advertisement
to any bill board, post or other place in the City, except by
paste or tacks so as to hold the same securely and not allow them
to become detached or blown about the street. Any violation of
this section shall be punished by a fine of not less than $1.00
nor more than $5.00, and the party whose name is attached to or
printed on the hand bill, poster or advertisement shall be held
liable for the fine.

Sec. 192. Burning trash, etc., in streets—making bon
fires.

No person shall burn highly inflammable material, or make a
bon fire within the City nor burn any material on the City street
or sidewalk under penalty of not less than $1.00 nor more than
$10.00 for each offense.

Sec. 193. Shooting fireworks.

No person shall set off any fireworks or explode any fire
crackers in any street or alley within the corporate limits. For
a violation of this section the penalty shall be not less than $1.00
nor more than $10.00 for each offense.

Sec. 194. Persons occupying or using streets contrary
to law.

Any person, firm or corporation that shall undertake to occupy
or use any of the streets, avenues, parks, bridges or any other
public places or public property, or any public easement of any
description in a manner not permitted to the general public, or
by ordinance, without having first legally obtained the consent
thereto by the City Council, or a franchise therefor, shall be
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than $5.00 nor more than $50.00, each day's continuance
thereof to be a separate offense, and such occupancy
shall be deemed a nuisance, and the court or justice trying the

case shall have power to cause said nuisance to be abated and to
commit the offenders and all their agents and employees engaged
in such offenses to jail until such order of the court shall
be obeyed.

Sec. 195. Repairing or testing machinery in streets.

Manufacturing, repairing or testing of machinery including
the engines or other parts of motor driven vehicles on the sidewalks
or in the streets shall be unlawful. Any person violating
this section shall be fined not less than $2.50 nor more than
$10.00 for each offense.

This section shall not apply to emergency repairs which are
necessary before the vehicle can be moved.

Sec. 196. Open ditches to be reported to the fire department.

Whenever the superintendent of the water and sewer or gas
departments, or the official of any other department, shall cause
an opening to be made in the surface of any street for the laying
or repairing of pipes, etc., it shall be his duty to notify the fire
department of the location of such opening immediately upon the
commencement of such work.

Sec. 197. Penalty—general.

Unless otherwise provided in this chapter any person violating
any of the provisions of this chapter shall be fined not less than
$2.50 nor more than $100.00 for each offense.