CHAPTER 16.02
Encroachment on Public Right-of-way.
Sections:
16.02.010 Definitions.
16.02.020 Unlawful Encroachment.
16.02.030 Effect on Other Ordinances.
16.02.040 Penalty
16.02.010 DEFINITIONS.
A. "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.
B. "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 any project right-of-way or the roadway right-of-way where no project right-of-way line has been established.
C. "Permissible encroachment" is defined as any existing awning, marquee, advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk, extending to the building line and which does not impair the free and safe flow of traffic on the highways; the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside any project right-of-way line and not confined by adjacent buildings.
D. "Construction easement area" is defined as that area lying between any project right-of-way limits and the platted street limits within which the city, by concurrence in the establishment of any project right-of-way lines, will permit the state or city to enter to perform all necessary construction operation. (ord. 1020, 1975) (Changed)
16.02.020 Unlawful Encroachment. It is unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained any encroachment (hereinabove defined) except as provided in Section 16.02.010(C), within the limits of any project right-of-way or roadway right-of-way where no project right-of-way lines have been established. (Ord. 1020, ss1, 1975) (changed)
16.02.030 Effect on other ordinances. This chapter 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.
16.02.040 Penalty. Any person, firm or corporation violating this title shall be fined not less that five dollars ($5.00) nor more than one hundred dollars ($100.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. (Ord. 1020 ss3, 1975) CHAPTER 16.04
Improvements to Sidewalks
Sections:
16.04.010 Adoption of Policy.
16.04.015 Replacement of Existing Sidewalks.
16.04.020 Sidewalks - Responsibility for Survey.
16.04.030 Sidewalks - Responsibility for Payment/Lien
16.04.040 Sidewalks - Responsibility for Street and Alley Crossings.
16.04.050 Specifications of Sidewalks and Crossings.
16.04.060 Sidewalks - Bidding Process.
16.04.070 Sidewalks - Disclaimer of Liability.
16.04.010 Adoption of Policy. In order to promote improvements to sidewalks in the city of Fairfield, the city council adopts a policy that it will assist in payment for installation of sidewalks in the city of Fairfield when the owners of adjacent property pay for one-half (1/2) of the total cost of labor and materials therefor. (Ord. 1261 ss1(part), 1985)
16.040.015 Replacement of Existing Sidewalks. Not-withstanding other sections in this chapter providing for the installation of sidewalks in the city of Fairfield where no sidewalks previously exist, the city of Fairfield will participate with the owners of adjacent property in replacement of existing sidewalks in the city of Fairfield upon request for assistance from such owners of adjacent property. Upon such request the adjacent property owners requesting replacement of existing sidewalks shall pay for and be responsible for the delivery of all necessary materials to the replacement site. The city shall furnish all necessary labor for such replacement of existing sidewalks. Notwithstanding the foregoing, the city reserves the right to replace existing sidewalks at its own expense after determination by the city street and bridge committee with the approval by the mayor that the existing sidewalks are in hazardous condition to the general public. (Ord. 1405 ss1, 1993)
16.04.020 Sidewalks - Responsibility for Survey. When all the owners of adjacent property on one or both sides of any one or more blocks in the city of Fairfield sign a request to the city of Fairfield to install sidewalks on one or both sides of any one (1) or more blocks, and such owners agree to pay for one-half (1/2) of the total cost of labor and materials therfor, the city will at its own expense do the surveying. Otherwise, the cost of such surveying shall be considered as part of the total cost of labor and materials for the installation of the sidewalk and shall be shared equally. (Ord. 1261 ss1(part), 1985)
16.04.030 Sidewalks - Responsibility for payment/lien.
A. After the city has received a request for assistance for installation of sidewalks, the street and bridge committee has selected the lowest responsible bidder, the adjacent property owners have agreed to pay one-half of the total cost of labor and materials pursuant to this chapter, and the installation of the sidewalks has been completed according to the specifications of this chapter and to the satisfaction of the superintendent of the street and bridge department, the city will pay to the installing contractor one-half (1/2) of the total cost of labor and materials therefor. The owner of property adjacent to said sidewalks installed shall pay the other one-half (1/2) of the total cost of labor and materials therefor upon demand from the contractor.
B. The adjacent property owner agreeing with the city of Fairfield for the installation of sidewalks shall grant to the city of Fairfield a lien on the property adjacent to the sidewalk constructed to secure such owner's payment of one-half (1/2) of such total costs of labor and materials. (Ord. 1261 ss1 (part), 1985)
16.04.040 Sidewalks - Responsibility for street and alley crossings. All street and alley crossings shall be constructed and shall be paid for entirely by the city of Fairfield. (Ord. 1261 ss1 (part), 1985)
16.04.050 Specifications of sidewalks and crossings.
A. Sidewalks shall be constructed in the following manner. The surface of the ground upon which sidewalks are to be laid shall be graded by excavating or filling, and a smooth surface made for the bed of such sidewalks four (4) inches below the grade line of such sidewalk. The top of said walk when completed shall have a slop of one-eighth of an inch (1/8") to the foot towards the center of the street along which said sidewalk is laid.
B. The sidewalk shall be laid off in equal sections as follows. When a walk four feet (4') wide is to be constructed, the sections or blocks shall be four feet (4') square; where five feet (5') wide, five feet (5') square; where six feet wide (6'), six feet (6') square; where eight feet (8') wide, four (4') square; where ten feet (10') wide, five feet (5') square; and when twelve feet (12'), six feet (6') square.
C. Such sections shall be filled with concrete to a depth of four inches (4"), composed of an acceptable concrete mix, as defined in the then-current issue of the Road and Bridge Specifications of the State of Illinois.
D. Necessary street and alley crossings shall be constructed, and where street and alley crossings are to be constructed, the surface of the ground upon which the crossings are to be laid shall be graded by excavating and filling, and a smooth surface made for the bed of such crossing six inches (6") below the grade line of said walk. The crossing shall be laid off in equal sections in the same manner as is provided for the squares of blocks of the walk, and said sections shall be filled with concrete of the same composition as set out in subsection C of this section, to a depth of six inches (6"). In addition, a concrete reinforcing welded-wire fabric shall be placed of sufficient gauge, according to the state of Illinois Road and Bridge Specifications.
E. The surface of all crossings shall be grooved parallel with the walk and shall also be grooved exactly over the joints between the concrete.
F. Proper expansion joints shall be made and provided where the walk joins or abuts any other walk or crossing.
G. All water must be clear and pure in that it is free from alkali, sulphur and discoloration.
H. Mixing of material must comply with the then-current issue of state of Illinois Road and Bridge Specifications, and meet the approval of the superintendent of the street and bridge department. (Ord. 1261 ss1 (part), 1985)
16.04.060 Sidewalks - Bidding process.
A. The total cost of materials and labor (including a survey, if any) for sidewalks shall be determined and approved by the street and bridge committee, based upon at least two independent bids submitted to such committee prior to construction by the adjacent owners requesting assistance, for sidewalk construction (labor, materials, and surveying, if applicable).
B. The committee shall select the lowest responsible bid and authorize the construction to begin. (Ord. 1261 ss1 (part), 1985)
16.04.070 Sidewalks - Disclaimer of Responsibility. The city of Fairfield will not be responsible for any costs of installation of sidewalks and streets and alley crossings in the city of Fairfield which are not installed according to the terms and conditions stated in this chapter. (Ord. 1261 ss1(part), 1985) CHAPTER 16.06
Digging Up Streets or Alleys
Sections:
16.06.010 Permit required when opening street or alley - when.
16.06.020 Requirements to be met before permit issued - Deposit
16.06.030 Safety measures.
16.06.040 Opening - Street or alley.
16.06.050 Closing of street and alley.
16.06.060 Necessary approval and inspection of any connection to the Municipal Utilities.
16.06.070 Penalty
16.06.010 Permit required when opening street or alley - when. It is unlawful for any person to dig up or open any street or alley in the city of Fairfield for the purpose of making connection to the combined water and sewer system, gas system of the city of Fairfield, or for the purpose of making connection with the telephone or cable TV utilities, or for any other purpose except in compliance with this chapter and pursuant to a permit in writing issued by the city collector of the city of Fairfield. (Ord. 1410 ss1 (part), 1993)
16.06.020 Requirements to be met before permit issued - Deposit. Before the city collector shall issue a permit for opening a street or alley, the applicant shall request such permit in writing, describing the location where the street or alley is to be opened, the purpose for the opening of the street or alleys, shall agree to secure and indemnify the city of Fairfield against any claim of any person or property damage or personal injury which may be caused by the opening of the street or alley, and shall deposit with the city collector the sum of two hundred seventy-five dollars ($275.00), which consists of an opening fee of two hundred fifty dollars ($250.00) and a refundable dirt removal fee of twenty-five dollars ($25.00), which the city collector shall refund t the applicant provided that the applicant shall haul away all dirt and other debris from the street or alley opening excavation site. (Ord. 1410 ss1 (part), 1993: Ord. 1397 ss1 (part), 1993)
16.06.030 Safety Measures. The street department of the city of Fairfield shall protect the street or alley opening site and the dirt therefrom piled in the city street or alley by proper barricade by day and by lanterns, flares or electric blinkers from sunset to sunrise. (Ord. 1410 ss1 (part), 1993: Ord. 1397 ss1 (part), 1993)
16.06.040 Opening - Street or alley. Upon request of the applicant, the city shall open all streets or alleys in the city of Fairfield for which an opening permit has been issued by the city collector. The applicant shall complete all connections or other work in the opening. The applicant shall also have the responsibility to remove the dirt and other debris from the opening of the street and alley. If the applicant shall remove the dirt and other debris from the street and alley opening excavation site, the city collector, upon application from the applicant, shall refund the dirt removal deposit of twenty-five dollars ($25.00) to the applicant. Otherwise, the applicant shall forfeit the dirt removal deposit to the city as reimbursement for its costs of dirt and debris removal from the opening site. (Ord. 1410 ss1 (part), 1993: Ord. 1397 ss1 (part), 1993)
16.06.050 Closing of street or alley. The applicant shall close all street or alley openings with compacted sand and/or road pack from the bottom of the opening to a level six inches (6") below the street surface under the supervision of and to the satisfaction of the superintendent of the city street and bridge department or his designate. The city shall finish with concrete as may be required to return the street surface to its original condition and shall remove all dirt and debris from the opening site if not removed by applicant. Failure of the applicant to close such street or alley opening under supervision of and to the satisfaction of, the superintendent of the city street and bridge department or his designate, shall result in the applicant being required to reopen and then close the street or alley in compliance with this chapter. (Ord. 1410 ss1 (part), 1993: Ord. 1397 ss1 (part), 1993)
16.06.060 Necessary approval and inspection of any connection to the municipal utilities. Nothing in this chapter shall affect the duty of any plumber, applicant, or other person making connection with the combined water and sewer system, gas system or electrical system of the city of Fairfield to obtain the required inspection and approval of proper officials of the city of Fairfield for such connections prior to the restoration of the street or alley opening. (Ord. 1410 ss1 (part), 1993: Ord. 1397 ss1 (part), 1993)
16.06.070 Violation - Penalty. Any person who shall open any street or alley for any purpose, including but not limited to making connection with the combined water and sewer system, the gas system or the electrical system of the city, or making connection with the telephone utility or cable TV utility, without first complying with the requirements of this chapter, shall be subject to a fine of not less than two hundred seventy-five dollars ($275.00) and no more than five hundred dollars ($500.00). (Ord. 1410 ss1 (part), 1993: Ord. 1397 ss1 (part), 1993)
CHAPTER 16.08
Parkways
Sections:
16.08.010 Establishment and dimensions.
16.08.020 Encroachment by municipality.
16.08.030 Protection of parkways Penalty.
16.08.010 Establishment and dimensions. Parkways are hereby established on each of the residence streets of the city of Fairfield, said parkways to be of the following widths, respectively: on the streets of the city which are eighty (80) feet in width, parkways shall be of the width of eighteen feet (18) on either side of the street measuring from the lot line; on streets which are of the width of seventy fee (70), parkways shall be of the width of sixteen feet (16) on either side of the street measuring from the lot line; on streets which are sixty feet (60) in width, the parkways shall be of the width of fifteen feet (15) on either side of the street, measuring from the lot line; on streets of width of fifty feet (50), the parkways shall be of the width of ten feet (10) on either side of the street, measuring from the lot line; on streets of the width of forty feet (40') or less the parkways shall be of the width of eight feet (8) on either side of the street, measuring from the lot line. (Ord. 18 sec.1-8-14-22)
16.08.020 Encroachment by municipality. The parkways hereby established shall not be encroached upon by the officers of the City in working the streets and no ditch for any streets of the City shall be cut within the distance of the parkways hereby established, measuring as hereinbefore directed, from the lot line abutting on the streets respectively. (Ord. 18 Sec. 2 8-14-22)
16.08.030 Protection of parkways Penalty. Any person who shall carelessly, negligently or willfully drive, ride upon or over any parkways hereby established or who shall deface, injure or destroy the parkway fences, hereby authorized to be erected or in any manner injure said parkways or the fences hereby authorized to be erected, shall be subject to a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). (Ord. 14 Sec. 106 8-14-22)
CHAPTER 16.10
Offenses Related to Streets, Alleys and Sidewalks
Sections:
16.10.010 Driving on Sidewalks.
16.10.020 Damaging Streets.
16.10.030 Littering.
16.10.040 Obstructing Street, Alley or Sidewalk Moving Buildings.
16.10.050 Dangerous Activities on Streets or Sidewalks.
16.10.060 Miscellaneous.
16.10.010 Driving on Sidewalks. No person shall cross or pass over or upon any sidewalk with any horse or other animal or team of animals, or any wagon, carriage, motor vehicle, carriage or other vehicle, or ride or drive thereon, except where street crossings are provided, under a penalty of not less than ten nor more than one hundred dollars. (Ord. 14 Sec. 81 8-14-22) (Changed)
16.10.020 Damaging Streets. It shall be unlawful for any person or persons, either by himself, agent, employee, or employees to run across, along or upon any of the paved streets in the City of Fairfield, any traction engine, or machine with endless tracts, without using sound, strong planks of sufficient strength and width to protect said pavements, two of said planks to be kept continually under the wheels of said engine while upon the pavement in such manner as to keep the wheels or tracts from touching said pavement. For every violation of this section such person or persons shall be fined not less than ten nor more than one hundred dollars, and shall by liable for all damages, resulting to said pavements by the reason of the failure to comply with the requirements of this section, together with the costs of prosecution. (Ord. 14 Sec. 45 8-14-22)
16.10.030 Littering. It is hereby declared unlawful for any person to deposit in or on any street, parkway or alley in the City of Fairfield any paper, cardboard boxes, weeds, trash, rubbish, tin cans, bottles, glass, boards or any other thing that is likely to cause punctures to tires or that has to be removed to keep the street, parkway or alley sightly and clean; provided, however, this section shall not apply to deposit of garbage in containers, ashes and rubbish as permitted by ordinance of the City of Fairfield providing for garbage and trash removal. (Ord. 742 Sec. 1 2-3-59) Any person violating Section 16.10.030 of this Chapter shall upon conviction be fined not less than $10.00 nor more than $100.00. (Ord. 742 Sec. 2 2-3-59)
Whoever shall throw, place or leave any ashes, dirt, straw, chips, shavings, paper, tin cans, old boots, shoes, rags, tacks, nails, bottles or broken glass or other rubbish in or upon any street, alley or sidewalk, or shall knowingly permit the same to be done, shall on conviction be fined not less that ten nor more than one hundred dollars. (Ord. 14 Sec. 43 8-14-22) (Changed)
It shall be unlawful for any person to dump any sweepings, ashes, trash, spittoon or other rubbish, or to burn any leaves or rubbish upon any paved street in said City, and on conviction shall be fined not less than ten nor more than one hundred dollars. (Ord. 14 Sec. 44 8-14-22) (Changed)
16.10.040 Obstructing street, alley or sidewalk Moving buildings. No person shall be permitted to leave or allow to remain upon any street, alley or sidewalk any wood, coal or other items any longer than necessary for its removal, and any person leaving any such deposit upon any street, alley or sidewalk for twenty-four hours after receiving notice from the Mayor, any member of the City Council or the Chief of Police to remove the same, shall be fined not less than one nor more than ten dollars, and five dollars additional for each day the same shall be allowed to remain after receiving such notice. (Ord. 14 Sec. 80 8-14-22) (Changed)
Any cross walks in the City shall be kept free from any vehicles, except so far as may be necessary in crossing the same, and the operator of any vehicle who shall stop or leave the same upon any cross walk, and shall not immediately remove the same at the request of any person, shall forfeit and pay not less than ten nor more than one hundred dollars. (Ord. 14 Sec. 82 8-14-22) (Changed)
Whenever, from any cause, any street or alley of said City, shall be obstructed by a motor vehicle, loaded or otherwise, the Mayor, Chief of Police or other City Officer may give such direction in regard to the removal of such vehicles as in the opinion of such officer may be required by the public convenience, and nay person refusing or neglecting to obey such directions shall be subject to a fine of not less than ten nor more than one hundred dollars, and may immediately be arrested to answer for such refusal or neglect. (Ord. 14 Sec. 85 8-14-22) (Changed)
No person or persons shall, by selling or offering for sale any property at auction or otherwise, obstruct, or cause to be obstructed any street or sidewalk, by drawing a crowd together, under a penalty of not less than ten nor more than one hundred dollars. (Ord. 14 Sec. 86 8-14-22) (Changed)
No person, firm or corporation shall place or cause to be placed upon any public sidewalk any goods, wares or merchandise, for show, or sale, nor shall any goods, wares or merchandise be placed or hung over any public sidewalk unless the lowest part of such goods, wares or merchandise be elevated at least eight feet above the sidewalk.
Any person, firm or corporation who violates this Ordinance shall be subject to a penalty of not less than ten nor more than one hundred dollars. (Ord. 438 Sec. 2 & 3 4-19-38) (Changed)
No person or persons receiving or delivering goods, wares or merchandise, shall place or keep the same upon the sidewalk without leaving a passage at least five feet wide; and such goods shall not be allowed to remain on such sidewalk for a longer period of time than two hours, under a penalty of not less than ten nor more than one hundred dollars, and a penalty of one dollar for each hour the obstruction shall remain after notice by the Mayor or Chief of Police to remove the same.
No person shall obstruct any street, alley or sidewalk or other public ground, by placing therin or theron any building material, or other kind of machinery or any article or thing, nor shall any person remove, or aid or assist in removing any building into, along or across any street, alley or public ground of the city , without first obtaining a written permit from the Mayor, and conforming to such restrictions and conditions as he may prescribe, nor shall in any case encumber more than one-third of any street, for the storage of building material under a penalty of not less than ten nor more than one hundred dollars, and a further penalty of ten dollars for each day such obstruction shall remain. (Ord. 14 Sec. 89 8-14-22) (Changed)
If any railroad corporation shall allow a train or car to stand upon any street, alley or sidewalk, within the corporate limits of the city for more than ten minutes, said railroad corporation shall be fined not less than ten nor more than one hundred dollars. (Ord. 14 Sec. 92 8-14-22) (Changed)
Any person who shall leave open any cellar door, well, cistern or grating of any vault, upon or joining any public street or sidewalk, shall be fined not less than ten nor more than one hundred dollars. (Ord. 14 Sec. 56 8-14-22) (Changed)
All gates, doors and fences across streets, sidewalks or alleys so as to obstruct or partially obstruct the said sidewalks, streets or alleys are hereby declared a nuisance; and any person who shall permit any streets, sidewalks or alleys to be obstructed or partly obstructed by any door, gate or fence belonging to him, her or them, or shall swing or permit to be swung any gate or door so that the same may obstruct any of such streets, sidewalks or alleys when the same is open, shall upon conviction be fined not less than ten nor more than one hundred dollars. (Ord. 14 Sec. 57 8-14-22) (Changed)
16.010.050 Dangerous activities on streets or sidewalks. Playing ball by throwing, catching or in any other manner, flying kites, shooting darts or arrows, throwing pebbles or lead or iron balls with any kind of a sling, or by hand, upon any of the business streets or sidewalks, or the riding of velocipedes, motorcycles, or bicycles, driving or automobiles upon the sidewalks, are strictly prohibited under a penalty of not less than ten nor more than one hundred dollars. (Ord. 14 Sec. 35 8-14-22) (Changed)
16.10.060 Miscellaneous. No person shall make a stand or stopping place within or upon any street, alley or parkway within the City Limits for the purpose of exhibiting for any fruits, nuts, vegetables, game, popcorn, candy, poultry or other provisions or any horses, mules or cattle, or any wagon, carriage or other vehicle drawn by wither of the animals aforesaid, under penalty of not less than five dollars nor more than one hundred dollars for each offense. (Ord. 312 Sec. 1 8-6-28)
No person, except those duly authorized by the Superintendent of Streets shall remove any rope, barricade or sign placed on any street or part of street by the officials of the City of Fairfield to denote that said street is roped off, barricaded, marked or posted that traveling thereon is prohibited. (Ord. 556 Sec. 2 4-24-45) Any person found guilty of violating this paragraph shall be fined not less than ten dollars, nor more than one hundred dollars for each offense. (Ord. 556 Sec. 3 4-24-45) (Changed)
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