CHAPTER 7 - STREETS AND SIDEWALKS
Article I -
Obstructions
Section 7-1 Obstructions Prohibited...................................................................................
Section 7-2 Overhanging or Protruding Trees, Shrubs,
Fences, et cetera.........................
Section 7-3 Drainage Related Interference With Sidewalks...............................................
Section 7-4 Warnings Required for Obstructions...............................................................
Section 7-5 Depositing Injurious Materials on Street.........................................................
Section 7-6 Snow and Ice Removal.....................................................................................
Article II - Driveways
and Excavations
Section 7-11 Driveways......................................................................................................
Section 7-12 Excavations...................................................................................................
Section 7-13 Town Indemnified...........................................................................................
Article III -
Miscellaneous
Section 7-16 Damaging Street Surfaces, Street Signs, Other
Facilities.............................
Section 7-17 House and Building Numbers........................................................................
Section 7-l8 Administrator..................................................................................................
Section 7-19 Penalties and Remedies.................................................................................
(A) Except as otherwise
authorized by statute or ordinance (including Sections 7-11 and 7-12 of this
chapter), and except to the extent required by the performance of some function
authorized or mandated by a statute or ordinance, no person may obstruct or
impede travel in the public streets or sidewalks within the town by placing or
leaving any object within the traveled portion of the public right-of-way
(B) Subsection (A) applies (but
is not limited to) goods, wares, or merchandise displayed for sale within the
right-of-way for public sidewalks within the town. The purpose of this provision is to prohibit
the display of goods, wares, or merchandise within the traveled portion of a
public sidewalk in order to insure the safety of the general public. [Amended May 11, 1993]
(A) No person may cause or allow
(from property under his control) any tree limb, bush, shrub, or other growth
or any trellis, fence, awning or other obstruction to overhang a public street
at a distance of less than twelve feet above the traveled portion of such
street or a public sidewalk at a distance of less than seven feet above such
sidewalk.
(B) No person may cause or allow
grass, vines, weeds, or other vegetation to grow from property under his
control over, onto, or across any public street or sidewalk.
(C) Any violation of subsection
(A) or (B) is declared to be a public nuisance, and if not corrected by the
responsible person within three days after being notified of the violation by
the administrator, the town may summarily abate such nuisance.
(A) No person may cause or
permit gutters, ditches, ducts, or drain pipes to be constructed or placed on
property under his control in such manner that the water from such gutters,
ditches, ducts, or drain pipes empties onto or runs across a public sidewalk.
(B) Subject to the next
sentence, all owners of property abutting concrete, brick, or other permanently
improved public sidewalks shall grade such property or construct a retaining
wall in such a manner as to prevent the washing of dirt, grass, gravel, or
other material upon the town sidewalks.
If the town constructs a sidewalk, it shall be responsible initially for
taking the necessary steps to prevent the washing of such materials upon the
sidewalk.
(A) All persons engaged in doing
work that creates any dangerous condition or obstruction in the public
right-of-way of any street or sidewalk shall take whatever action is necessary,
including the placement of barricades and warning signs or devices, to warn the
traveling public of the condition or obstruction.
(B) No person may remove,
destroy, injure, or tamper with any barricade, sign, lantern, torch, or other
device placed in any street or sidewalk to warn or give notice to the traveling
public of any dangerous condition or obstruction.
(A) No person may throw or
deposit upon any street or public right-of-way any glass bottle, nails, tacks,
wire, paper containers, cans, or any other .substance likely to injure any
person, animal or vehicle.
(B) Any person who deliberately
or inadvertently causes or allows any of the materials specified in subsection
(A) to be deposited on any public street or right-of-way shall immediately
remove such materials or cause them to be removed.
Every occupant of a store building, in front of which the sidewalk is
paved with stone, brick, asphalt, or cement, shall remove snow, ice, or other
similar obstruction from such sidewalk at the earliest possible time and as
soon as weather permits.
Sections
7-7 through 7-10 Reserved.
(A) Except as otherwise provided
in this section, no person may open, construct, alter, or relocate any driveway
across any public sidewalk or into any street, or cut any curb for such purpose
without having obtained a written permit from the administrator.
(B) Any person who receives a
permit under this section shall be responsible for repairing any damage to the
sidewalk or street (including curb and gutter) caused by the driveway
construction.
(C) The administrator shall
review the driveway construction and design plans and shall issue the permit unless
he finds the driveway, if constructed as proposed, will substantially interfere
with or pose a danger to: (i) persons using the street or sidewalk intersected by the
driveway; or (ii) public facilities (including utility poles, traffic signal
standards, et cetera), or will fail to comply with any of the provisions of
this section.
(D) No driveway may be
constructed closer than three feet to a fire hydrant or catch basin or closer
than thirty feet to the right-of-way line of a street that intersects with the
street the driveway opens onto.
(E) If the driveway crosses a
drainage ditch on a lot that abuts a street without curb or gutter, then piping
of sufficient size and strength (as provided by the administrator) shall be
installed beneath the driveway surface so that the drainage capability of the
drainage ditch is not materially impaired.
(F) No person shall be required
to obtain a permit under this section to the extent that the driveway is being
constructed in accordance with plans approved pursuant to a review process
authorized by a zoning or subdivision ordinance.
(G) With respect to driveways
that open onto state-maintained streets, approval from the State Department of
Transportation is required in addition to the town's approval.
(A) Except as otherwise provided
in this section, no person may dig in or excavate any street or sidewalk within
the town without having obtained a written permit from the administrator.
(B) Any person who receives a
permit in accordance with this section shall be responsible for putting the
street or sidewalk where excavation is made in as good condition as it was
prior to the excavation.
(C) Before granting a permit
pursuant to this section, the administrator shall determine that the applicant
has made arrangements to comply with subsection (B), and if the town is to do
the necessary repair work, the permit shall not be issued until the applicant
makes a deposit equal to the estimated costs of repair.
(D) This section shall not apply
to any utility to the extent that the same subject matter is covered in a franchise
ordinance applicable to that utility.
Nor shall this section apply to any excavation made in a
state-maintained street to the extent that the state has given its permission
for such an excavation to be made, except that the person making the excavation
shall still be responsible for notifying the administrator of the intended
excavation forty-eight hours before the work begins
Any person obtaining a permit authorized by Sections 7-11 (Driveways)
or 7-12 (Excavations) agrees as a condition of the permit to indemnify the town
for and hold the town harmless from any expense (including but not limited to
attorney's fees, litigation costs and judgments) incurred as a result of claims
made for damages arising out of operations conducted by the permit recipient
pursuant to the permit.
Sections 7-14 and 7-15
Reserved.
(A) No person may intentionally
mutilate, deface, remove, damage, or in any manner interfere with any of the
street name signs, traffic control signs and devices, and other signs erected
by any public body.
(B) No person may drag, run, or
cause to be dragged or run upon any public street any harrow or other
implement, machine or tool likely to injure or cut the surface of such street.
(C) No person may intentionally
damage, injure, obstruct or otherwise interfere with any street, sidewalk,
bridge, culvert, ditch or drain owned or maintained by the town.
(A) The owner of every house and
every principal building shall display or cause to be displayed on the front
thereof, or on the grounds in a position easily observed from the street, the
number assigned to his house or building by the administrator.
(B) No person may display or
cause to be displayed on any house or building any number
other than the number assigned by the administrator.
(C) No person may remove,
obliterate, or destroy any number displayed in accordance with subsection (A).
As used in this chapter; the term "administrator" refers to
the public works director or any other person designated by the Board to
perform the responsibilities assigned to the administrator by this chapter.
(A) A violation of any of the
following sections shall constitute a misdemeanor, punishable as provided in
G.S. 14-4: All sections of Article I and
Article II and Sections 7-16 and 7-17 of Article III.
(B) A violation of any of the
sections listed in subsection (A) shall also subject the offender to a civil
penalty of one hundred dollars ($100.00).
If a person fails to pay this penalty within ten days after being cited
for a violation, the town may seek to recover the penalty by filing a civil
action in the nature of a debt. [Amended July 13, 1993]
(C) The town may seek to enforce
this chapter through any appropriate equitable action.
(D) Each day that a violation
continues after the offender has been notified of the violation shall
constitute separate offense.
(E) The town may seek to enforce
this chapter by using any one or any combination of the foregoing remedies.