CHAPTER 3-02
BOULEVARDS SECTIONS:
3-0201. Definitions.
3-0202. Prohibited Acts or Encroachments.
3-0203. Permits.
3-0204. Driving on Sidewalk or Boulevard.
3-0205. Care of Boulevard.
3-0206. Failure of Landowner to Care for Boulevard.
3-0207. Penalty.
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3-0201. DEFINITIONS.
1. “Boulevard” or “Berm” shall mean that area of ground between the roadway and the sidewalk or, if there be no sidewalk, it is the area of the ground between the roadway and the dedicated limits of the street or avenue.
2. “Roadway” shall mean that portion of the street or avenue improved, designed, or ordinarily used for vehicular travel.
3-0202. PROHIBITED ACTS OR ENCROACHMENTS.
1. Parking. No person shall stop, stand, or park a motor vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, upon a sidewalk or boulevard.
2. Signs. Any sign or signs or billboard, except official or quasi-official signs, standing or erected upon a boulevard is a public nuisance and may be abated by removing the sign.
3. Buildings. No person shall erect or cause to be erected or permit any building or structure to stand upon the boulevard, other than a mailbox.
4. Storage. It is prohibited to store any equipment, building materials, inventory, or any other material upon the boulevard.
3-0203. PERMITS. Nothing herein shall prohibit the parking of motor vehicles upon the sidewalk or boulevard, the erection of signs or billboards upon the boulevard, the maintaining of a building or structure upon the boulevard, or the storage of equipment, material or inventory upon the boulevard if written application is made to the City Council requesting the privilege of parking motor vehicles upon the sidewalk or boulevard, the erection of signs or billboards upon the boulevard, the maintaining of a building or structure upon the boulevard, or the storage of equipment or inventory upon the boulevard, and the City Council grants such permission by resolution.
3-0204. DRIVING ON SIDEWALK OR BOULEVARD. No person shall drive any vehicle over, across, or upon any sidewalk, curb, or boulevard except where there are driveway crossings. Provided, however, the owner or occupant or his agents or employees may drive over the same temporarily when necessary to obtain access to the premises if permission to do so is first obtained from the City Auditor. The City Auditor, in granting such permission, may require protective measures to protect the curb, sidewalk, and boulevard, which protective measures must be removed immediately after such temporary use.
3-0205. CARE OF BOULEVARD. It shall be the responsibility of the abutting property owner to seed or sod the boulevard. No gravel, pavement, or other hard surface may be placed on the boulevard except for a driveway or sidewalk. No tree, shrub, or other plant or vegetation growth may be planted within the boulevard without permission granted by resolution by the City Council. Any person or entity desiring to place gravel, pavement, or other hard surface, or tree, shrub or other plant or vegetable growth in the boulevard may make written application to the City Council, and the City Council, by resolution, may approve such request when the City determines that it is in the best interests of the City to do so or where there is some other extenuating circumstance which would make the planting or maintaining of grass difficult or inappropriate. In addition, the City Council may place any reasonable conditions (such as relating to the maintenance and/or height) of any material or vegetation placed or planted on the boulevard. Such conditions shall be binding upon the abutting property owner and any of his or her successors in interest.
3-0206. FAILURE OF LANDOWNER TO CARE FOR BOULEVARD. If the abutting property owner fails to care for the boulevard in such a manner that the City Council feels has the potential to pose a health or safety hazard, then the City Council may by resolution order the abutting landowner to take such steps as are necessary to rectify the condition. If the abutting landowner fails to comply with the directive of the City Council within 30 days, then the City Council may cause such steps to be done and may assess the costs of the same against the taxes on the abutting landowner’s property.
3-0207. PENALTY. A violation of this chapter may be punishable as an infraction as set forth in Section 1-0211 of these ordinances.