Chapter 543: Streets and Sidewalks

Sections

Cross references

  • Construction or repair of sidewalk at owner’s expense - see Ohio R.C. 729.01 et seq.
  • Notice to construct or repair sidewalks - see Ohio R.C. 729.03 et seq.
  • Unlawful congregation on sidewalks - see GEN. OFF. 509.03(a)(4)
  • Streets and sidewalks - see Title One - Streets and Public Services Code

543.01   Cleaning and repairing sidewalks; remedy of municipality for noncompliance

No owner of any lot or land abutting upon any street shall refuse, fail or neglect to repair or keep in repair and free from nuisance and obstruction the sidewalk in front of such lot or land after due notice of a resolution of Council ordering the repairing of such sidewalk, the removal of such obstruction or the abatement of such nuisance.

If the owner or person having charge of such land fails to comply with such notice, Council shall cause the sidewalks to be repaired. All expenses and labor costs incurred shall, when approved by Council, be paid out of municipal funds not otherwise appropriated. Council shall make a written return to the County Auditor of its action, with a statement of the charges for its services, the amount paid for labor, the fees of the officers serving such notice and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of the entry and be collected as other taxes and returned to the Municipality with the General Fund.
(Ord. 1957-420. Passed 12-28-57.)

543.02   Removal of ice and snow from sidewalks

It shall be the duty of the owner of each and every parcel of real estate in the Municipality abutting upon any sidewalk to keep such sidewalk abutting his premises free and clear of snow and ice and to remove therefrom all snow and ice accumulated thereon within a reasonable time.

“Reasonable time” means removal of the snow and ice within two hours after the most recent accumulation of ice or snow, or if during the night, two hours after sunrise, or, if notice by the Municipality, within two hours of such notice. Notice is adequate whether oral or written and served upon the owner or occupant, or posted in writing on the main entrance of the premises.
(Ord. 1987-44. Passed 10-26-87.)

543.03   Unloading on streets, sidewalks

No person shall unload any heavy material in the streets of the Municipality by throwing or letting the same fall upon the pavement of any street, sidewalk or other public way, without first placing some sufficient protection over the pavement.
(Ord. 1957-420. Passed 12-28-57.)

543.04   Materials on streets and sidewalks

  1. (a) No person shall encumber any street, sidewalk or tree lawn area or, being the owner, occupant or person having care of any building or lot of land bordering on any street or sidewalk, permit the same to be encumbered with barrels, boxes, cans, articles or substances of any kind, so as to interfere with the free and unobstructed use thereof.

  2. (b) No person shall sweep, shovel or pile or, being the owner, occupant or person having care of any building or lot of land bordering any street, sidewalk, alley or other public place, permit or cause the sweeping, shoveling of piling of any snow, ice, leaves, branches, twigs, brush or grass upon any street, alley or public place.
    (Ord. 1963-558. Passed 2-11-63.)

543.05   Protecting sidewalks

In the transportation of any goods, materials, or equipment across any sidewalk or tree lawn area in the Municipality, efficient temporary planking shall be used to protect such sidewalks from breakage and such temporary planking shall be removed at the close of each working day and the surface of the sidewalk immediately cleaned and left in a passable condition.
(Ord. 1957-420. Passed 12-28-57.)

543.06   Sale of goods and merchandise upon sidewalks or tree lawns

(Editor’s note: Former Section 543.06 was repealed by Ordinance 1982-22, passed May 24, 1982.)

543.07   Purchaser of goods on sidewalk or tree lawn

(Editor’s note: Former Section 543.07 was repealed by Ordinance 1982-22, passed May 24, 1982.)

543.08   Skateboards, roller blades and roller skates

  1. (a) It is the purpose of this section to provide for and promote the health, safety and welfare of the general public, including those who wish to use skateboards, roller blades and roller skates on public streets and sidewalks, as well as those who drive motor vehicles, and pedestrians who use the sidewalks.

    It is the specific intent of this section that none of its provisions are intended to impose any duty whatsoever upon the Village, or any of its officers or employees, for whom the implementation and enforcement of this section shall be discretionary and not mandatory.

    The Village discourages the use of any skateboards, roler blades, or roller skates on the public streets or sidewalks of the Village for the reason that same poses a potential risk and harm to those performing such activities in the vicinity of motor vehicles, as well as to pedestrians who are walking on the sidewalks. However, the Village defers to the good judgment of parents and guardians in controlling the proper use of such items by their children or charges in such a manner as to protect their own safety as well as the safety of others. Nothing contained in this section is intended nor shall be construed to create or form the basis of any liability on the part of the Village, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the Village related in any manner to the adoption and/or enforcement of this section of the Code.

  2. (b) “Skateboard” means any platform device designed and intended to move or propel one or more riders over a hard surface by means of roller wheels utilizing gravity or human impetus. “Roller skates” and “roller blades” means any device fitted upon the human foot designed and intended to propel persons over hard surfaces by means of roller wheels utilizing gravity or human impetus.

  3. (c) No person shall ride a skateboard or wear roller blades or roller skate devices upon public property within any retail or central business district of the Village, nor shall any person ride a skateboard or wear roller blades or roller skate devices upon any arterial public street or adjacent sidewalk anywhere within the Village corporate limits, which includes the following streets: Bell, East Washington, West Washington, Solon, Maple, South Franklin, Miles, East Orange, West Orange, South Main, North Main, North, Walters, Ridgewood, Cleveland, Mill, Church, East Summit, and West Summit.

  4. (d) Every person riding a skateboard or wearing roller blades or roller skate devices shall do so on private property only with the permission of the person(s) in control thereof.

  5. (e) Outside the retail and central business district, every person riding a skateboard or wearing roller blades or roller skate devices, shall operate on sidewalks, or public streets where no sidewalks exist, in single file as near to the right side of the sidewalk or roadway as is practical and shall exercise due care when passing or meeting other persons or property upon such sidewalk or public street area.

  6. (f) Every person riding a skateboard or wearing roller blades or roller skate devices shall yield the right of way to all pedestrians at all times and shall pass them, without causing injury or reasonable fear for their safety, even if dismounting or the cessation of locomotion shall be necessary.

  7. (g) Every person riding a skateboard shall dismount a skateboard at a street intersection and shall walk as a pedestrian across such intersection.

  8. (h) No person shall ride a skateboard or wear roller blades or roller skate devices on public streets or sidewalks after sunset and before sunrise without wearing a reflective vest.

  9. (i) Whoever violates any provision of this section shall be guilty of a minor misdemeanor.
    (Ord. 1995-78. Passed 10-9-95.)

543.09   Use of streets for recreational purposes

(Editor’s note: Former Section 543.09 was repealed by Ordinance 1995-78, passed October 9, 1995.)

543.10   Manhole covers; obstructions in sewers

No person shall, unless authorized by duly constituted public authority, remove or tamper with any manhole cover or cause any obstruction to be placed in a public sewer.
(Ord. 1949-143. Passed 5-9-49.)

543.99   Penalty

Whoever violates any provision of this chapter for which no other penalty is provided is guilty of a misdemeanor of the first degree.