TITLE IX: GENERAL REGULATIONS Chapter 90. ANIMALS 91. CITY CEMETERY 92. FIRE PREVENTION 93. FAIR HOUSING 94. NOISE CONTROL 95. RECYCLING 96. WEED CONTROL; LITTER CONTROL 97. BLOODBORNE PATHOGEN EXPOSURE CONTROL PROGRAM 98. STREETS AND SIDEWALKS 99. TREES 2005 S-6 2 Mitchell - General Regulations CHAPTER 90: ANIMALS Section 90.01 Definitions 90.02 At-large or nuisance animals prohibited 90.03 Proper restraint required 90.04 Proper care required 90.05 Impoundment 90.06 Dangerous animals; impoundment not required 90.07 Public events 90.99 Penalty § 90.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. Any live, vertebrate creature, domestic or wild. ANIMAL CONTROL VIOLATION NOTICE. A written or printed notice of a violation of this chapter. ANIMAL CONTROL WARDEN. An employee of the city appointed by the Mayor, and to whom the Mayor shall delegate or assign duties arising out of or connected with this chapter. ANIMAL SHELTER. Any facility operated by a humane society or municipal agency, or its authorized agents, for the purposes of impounding or caring for animals held under the authority of this chapter or state statute. AT LARGE. Off the premises or property of the owner, and not under the control of the owner or a member of the owner's immediate family, either by leash, cord, or chain; or by the confinement inside a travel crate or carrying case; or by confinement inside a conveyance for travel, such as an automobile, other motor vehicle or train. DEPUTIZED OFFICIAL. Any persons appointed or otherwise deputized by the Mayor, and to whom the Mayor shall delegate and assign duties arising out of or in any way connected with the enforcement of this chapter. 3 1997 S-1 4 Mitchell - General Regulations DOG. Any canine, both male and female. OWNER. Any person, partnership, or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more. PUBLIC NUISANCE. Any animal or animals which: (1) Molests passersby or passing vehicles. (2) Attacks other animals. (3) Trespasses on school grounds. (4) Is at large. (5) Damages private or public property. (6) Barks or howls in an excessive, continuous or untimely fashion so as to disturb the peace and quiet of the neighborhood and/or disrupts the sleep of any person in the neighborhood between the hours of 10:00 PM and 7:00 AM local time; (7) Domesticated livestock, such as cattle, horses, pigs, hogs, sheep or goats, if kept within the city limits, shall constitute a PUBLIC NUISANCE. (7) The harboring of which causes a stench or smell that is offensive to any person in the neighborhood. (Ord. 1-1995, passed 3-6-95; Am. Ord. 11-1998, passed 5-4-98) § 90.02 AT-LARGE OR NUISANCE ANIMALS PROHIBITED. No person, being the owner of any animal, or harboring or having charge or control of any animal, shall permit the animal to run at large in any street, lane, alley, market place, or other public ground of the city, or permit the animal to go upon or enter any private yard, lot, or enclosure, without the consent of the owner of the yard, lot, or enclosure; or permit any animal to be a public nuisance. (Ord. 1-1995, passed 3-6-95) Penalty, see § 90.99 § 90.03 PROPER RESTRAINT REQUIRED. (A) All dogs and cats shall be kept under restraint. (B) All animal owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance. 1999 S-4 Animals 5 (C) Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding. (Ord. 1-1995, passed 3-6-95) Penalty, see § 90.99 § 90.04 PROPER CARE REQUIRED. (A) No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. (B) No person shall beat, mistreat, torment, or otherwise abuse an animal; or cause, instigate or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. (C) No owner of an animal shall abandon the animal. (Ord. 1-1995, passed 3-6-95) Penalty, see § 90.99 § 90.05 IMPOUNDMENT. (A) Unrestrained dogs and cats and other nuisance animals shall be taken by the police, animal control officers, or humane officers and impounded in an animal shelter and there confined in a humane manner except as provided for in § 90.06. (B) Impounded dogs and cats shall be kept for not less than five days. (C) If by a license tag or other means, the owner of an impounded animal can be identified, the animal control officer shall immediately upon impoundment notify the owner by telephone or mail. (D) An owner reclaiming an impounded animal shall pay to the impounding agency a fee of $5, plus $2 for each day the animal has been impounded. (E) Any animal not reclaimed by its owner within five days shall become the property of the local governmental authority, or humane society, and shall be placed for adoption in a suitable home or humanely euthanized. (F) In addition to or in lieu of impounding an animal found at large, the animal control officer, humane officer, or police officer may issue to the known owner of the animal a notice of chapter violation. (G) The owner of an impounded animal may also be proceeded against for violation of this chapter. (Ord. 1-1995, passed 3-6-95) 1999 S-4 6 Mitchell - General Regulations § 90.06 DANGEROUS ANIMALS; IMPOUNDMENT NOT REQUIRED. (A) Notwithstanding § 90.05 above, any police officer, animal control officer, or humane officer shall have the right to take steps to immediately put to death any dog or cat or other nuisance animal which is determined by the police officer, animal control officer, or humane officer to create a danger to the public or to the police officer, animal control officer, or humane officer, instead of impoundment, if the circumstances so require. (B) In addition to or in lieu of the immediate killing of the animal, the police officer, animal control officer, or humane officer may issue to the known owner of an animal a notice of violation of this chapter. (Ord. 1-1995, passed 3-6-95) § 90.07 PUBLIC EVENTS. (A) It is forbidden for any person to have with them at any time any pets including, but not limited to dogs and cats at any public gathering which is approved by the city which includes use of city roads, streets and public lands. (B) It shall not be a violation of this section if such animal is brought for the specific purpose of showing the animal at a pet show at the public event, or if it is a dog which a legally blind person uses as a "seeing eye dog". Further, it is not a violation of this section for the use of pets in any parade which is authorized by the city upon public streets or roadways unless the Mayor, or his designee should determine that such animal should not be permitted in order to preserve and protect safety and order at the event. (Ord. 5-1996, passed 3-4-96) Penalty, see § 90.99(D) § 90.99 PENALTY. (A) Any person violating any provision of this chapter shall be deemed guilty of a chapter violation and the punishment for a first violation in any calendar year shall be a $50 fine. (B) Any second violation of this chapter during a given calendar year shall be punished by a fine of $100 and any subsequent violations thereto shall be punished by a fine of not less than $100 nor more than $500. (C) If any violations shall be continuing, each day's shall be deemed a separate violation. (D) Any person violating § 90.07 shall be subject to a fine of $25. (E) In addition to the above fines, any person may seek relief in the Circuit or Superior Courts of the County to abate the nuisance recognized in § 90.01. (Ord. 1-1995, passed 3-6-95; Am. Ord. 5-1996, passed 3-4-96; Am. Ord. 4-1998, passed 3-2-98) 1999 S-4 CHAPTER 91: CITY CEMETERY Section 91.01 Schedule of fees and charges 91.02 Approval of materials for box or vault 91.03 Pauper burials 91.04 Rules and regulations § 91.01 SCHEDULE OF FEES AND CHARGES. (A) The sale price for cemetery lots consisting of one grave site shall continue to be $300 (in addition to the fee for opening and closing as set forth below. (B) The funeral home, mortuary, or other person in charge of arranging a burial shall continue to be solely responsible for paying for the opening and closing of the grave. Such fees for opening and closing of a grave shall be as follows: (1) Fee for opening and closing of grave of anyone other than a baby whose casket and vault are under four feet in length - $300. (2) Fee for opening and closing of a grave of a baby whose casket is under four feet in length - $200. (3) Fee for opening and closing remains that have been cremated and are in container smaller than an adult casket - $150. (C) Twenty-five dollars from the sale of each cemetery plot consisting of one grave shall be paid over into the perpetual care fund of the cemetery. (D) Fifty dollars from the charge for opening and closing the grave shall be paid over into the perpetual care fund of the cemetery. (E) The principal of these funds shall be invested as allowed per law for all other city funds. The interest received from such investment shall be used for the general operating expenses of the cemetery. (F) (1) In addition, the city shall charge $25 as a transfer fee for: 7 2005 S-6 8 Mitchell - General Regulations (a) Each requested transfer or exchange of a lot from one owner to someone else. If a person wished to transfer or exchange two lots, there shall be a transfer fee of $50 ($25 per lot). (b) If two lots are being exchanged, there shall be a $25 charge for each lot exchanged each time an exchange is requested. (2) This $25 fee transfer shall be paid into the general fund to compensate the city for the Clerk-Treasurer’s time in researching ownership of such cemetery lot. (Ord. 1-1981, passed 2-16-81; Am. Ord. 9-1994, passed 10-1-94; Am. Ord. 5-2001, passed 6-4-01; Am. Ord. 14-2001, passed 7- -01) § 91.02 APPROVAL OF MATERIALS FOR BOX OR VAULT. All burials shall include a concrete, steel or other material of equal value, box or vault, if approved by the Mayor and/or Sexton. No wooden boxes or vault will be allowed. (Ord. 1-1981, passed 2-16-81; Am. Ord. 14-2001, passed 7- -01) § 91.03 PAUPER BURIALS. (A) Area set aside for pauper burials shall be designated as needed by the Mayor and/or Sexton. (B) All burials will be made in succession according to time of burial. No skipping space or row shall be allowed. (C) The nearest family member or executor or administrator of the estate will be obligated to submit in writing proof of inability to pay for burial space. If such notification is not in Clerk-Treasurer's office within 30 days, the city shall reserve the right to file claim against the estate. (D) Pauper burials in the Mitchell Cemetery shall be limited to residents of the Mitchell School District (Marion Township) and to no other persons except as may be approved by the Board of Public Works and Safety of the city. (Ord. 1-1981, passed 2-16-81; Am. Ord. 14-2001, passed 7- -01) § 91.04 RULES AND REGULATIONS. (A) Flowers, decorations, or any other objects interfering with the mowing operation will not be permitted between April 1 and October 1 of each year, except for a period of seven days prior to and seven days following Memorial Day of each year. Caretakers shall remove any flowers or any other objects remaining on the ground. (B) Theft and vandalism shall be reported immediately and violators shall be prosecuted. 2005 S-6 City Cemetery 8A (C) The speed limit for automobiles shall be 15 miles per hour. Motorcycles, motor scooters, motor bikes, three-wheel and four-wheel and multi-wheel all terrain vehicles (A.T.V.’s) shall not be permitted in the cemetery. (D) The number of shepherd hooks be limited to two per tombstone, regardless of the number of persons buried whom are represented by that tombstone, same to be placed on either end of the tombstone. (In other words, if a single grave with one tombstone, two shepherd hooks shall be allowed, one on either end of the tombstone. If a double grave with one tombstone with the names of two deceased parties, two shepherd hooks shall be allowed, one on either end of the tombstone. If a triple or quadruple grave or so on, represented by one tombstone, there shall be two shepherd hooks allowed, one on either end of the tombstone or one large ornamental hook.) (E) There shall be one solar powered or eternal light allowed per grave site. (F) That the burial lot must be paid for in full before a headstone is allowed to be places on the lot. (G) Planting of trees, shrubs, flowers, grass or other type of plant, weed or vegetation shall be prohibited. (H) Lawn ornaments will not be permitted in the cemetery during the April 1 to October 1 mowing season each year. (I) Pipes shall not be driven into the ground and used as flower holders. (J) Flower boxes or other types of containers are not permitted on the ground during the April 1 to October 1 mowing season. They will be allowed if placed on concrete pads and placed close to the headstone or footstone in such a manner as to not interfere with mowing. Furthermore, they shall be properly maintained by the owner. (K) Grave blankets may be placed on graves beginning November 15 and must be removed by March 1. (L) Neither the cemetery nor the city shall be responsible for items placed in the cemetery which may become lost, stolen or damaged. (M) Two weeks prior to the mowing season, a notice shall be printed in the local papers. All items not removed within the time frame will be collected by cemetery personnel and may be picked up at the cemetery building within 14 days. (N) Nothing in these rules shall be construed as to prohibiting headstones or footstones or other approved grave markers. These rules shall in no manner prohibit the cemetery from planting items or making necessary improvements as seen fit. The cemetery caretaker shall reserve the right to remove any items or take whatever measures are necessary to enforce these rules. 2005 S-6 8B Mitchell - General Regulations (O) It is recommended that items places in the cemetery have the owner’s name and phone number as well ast the grave information on them if at all possible. This aids in replacing items dislocated by wind as well as providing contact information to resolve a problem. (P) Individual families can mow individual lots where members of family are buried provided no other member of the family objects thereto and provided further that any person so mowing their individual lot shall be solely responsible for any and all damages or injuries which they might sustain thereby. In addition they shall be solely responsible for any damage or injury to any other person or to any property which might be caused through their actions, lawnmower or weedeater and shall save the city harmless therefrom. (Q) These rules, or paraphrasing thereof of this section, shall be suitably posted in a prominent place upon the cemetery grounds. (Ord. 1-1981, passed 2-16-81; Am. Ord. 14-2001, passed 7- -01; Am. Ord. 7-2001, passed 10-1-01; Am. Ord. 12-2001, passed 12-3-01) 2005 S-6 CHAPTER 92: FIRE PREVENTION Section Fire Prevention Code 92.01 Adoption by reference 92.02 Definitions 92.03 Bureau of fire prevention; duties 92.04 Establishment of limits of districts in which storage of explosives and blasting agents is to be prohibited 92.05 Establishment of limits in which bulk storage of liquified petroleum gases is to be restricted 92.06 Establishment of motor vehicle routes for vehicle transporting explosives and blasting agents 92.07 Establishment of motor vehicle routes for vehicles transporting hazardous chemicals or other dangerous articles 92.08 Establishment of fire lanes on private property devoted to public use 92.09 Amendments 92.10 Modifications 92.11 Appeals 92.12 New materials, processes or occupancies which require permits Liquified Petroleum (LP) Storage Facilities 92.20 Application of regulations 92.21 Minimum standards 92.99 Penalty FIRE PREVENTION CODE § 92.01 ADOPTION BY REFERENCE. There is hereby adopted by the Common Council, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code known as the Fire Prevention Code, recommended by the American Insurance association, being particularly the 1976 edition thereof and the whole thereof, and except such portions as are hereinafter deleted, modified or amended by § 92.11 of this chapter, of which Code not less than three copies are filed 9 10 Mitchell - General Regulations in the office of the Clerk-Treasurer, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city. (Ord. 7-1977, passed 9-26-77) § 92.02 DEFINITIONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. MUNICIPALITY. The City of Mitchell, Indiana. CORPORATION COUNSEL. The attorney for the city. (Ord. 7-1977, passed 9-26-77) § 92.03 BUREAU OF FIRE PREVENTION; DUTIES. (A) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the city, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (B) The Chief (or Fire Marshal) in charge of the Bureau of Fire Prevention shall be appointed by the Mayor on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause after public trial. (C) The Chief of the Fire Department is permitted to detail such members of the fire department as inspectors, as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the Mayor the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department and appointments made after examination shall be for an indefinite term with removal only for cause. (D) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the chief executive officer of the municipality. The report shall contain all proceedings under this Code, with such statistics as the Chief of the Fire Department decides to include. The Chief of the Fire Department shall also recommend any amendments to the Code which, in his judgment, shall be desirable. (E) The Chief of the Fire Department may request and shall receive so far as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the municipality. (Ord. 7-1977, passed 9-26-77) Fire Prevention 11 § 92.04 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 12.5(b) of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: an area of the city bounded on the north side thereof by Hancock Avenue, on the east side by the Meridian Road, on the south side by the corporate boundary existing as of the date of the adoption of this chapter and on the west side by the corporation boundary existing as of the date of the adoption of this chapter. (Ord. 7-1977, passed 9-26-77) § 92.05 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUIFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 21.6(a) of the Fire Prevention Code, in which bulk storage of liquified petroleum gas is restricted, are hereby established as follows: an area of the city bounded on the north side thereof by Hancock Avenue, on the east side by the Meridian Road, on the south side by the corporate boundary existing as of the date of the adoption of this chapter, and on the west side by the corporate boundary existing as of the date of the adoption of this chapter. (Ord. 7-1977, passed 9-26-77) Cross-reference: Application of regulations for liquified petroleum storage facilities, see § 92.20 § 92.06 ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING EXPLOSIVES AND BLASTING AGENTS. The routes referred to in Section 12.7(o) of the Fire Prevention Code for vehicles transporting explosives and blasting agents are hereby established as follows: those routes as shall be determined and designated with appropriate markings jointly by the Chief of Police and the Chief of the Fire Department within ten days of adoption of this chapter. (Ord. 7-1977, passed 9-26-77) § 92.07 ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING HAZARDOUS CHEMICALS OR OTHER DANGEROUS ARTICLES. The routes referred to in Section 20.14 of the Fire Prevention Code for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as follows: those routes as shall be determined and designated with appropriate markings jointly by the Chief of Police and the Chief of the Fire Department within ten days of adoption of this chapter. (Ord. 7-1977, passed 9-26-77) 12 Mitchell - General Regulations § 92.08 ESTABLISHMENT OF FIRE LANES ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE. The fire lanes referred to in Section 28.16 of the Fire Prevention Code are as hereby established as follows: those areas heretofore established by the Chief of the Fire Department and presently so designated by appropriate marking. (Ord. 7-1977, passed 9-26-77) § 92.09 AMENDMENTS. (A) Section 9, dealing with “Drycleaning Plants,” is hereby deleted, the subject being adequately covered by IC 22-11-8-1 through 22-11-8-35. (B) Section 13, dealing with “Fireworks,” is hereby deleted, the subject being adequately covered by IC 22-11-14-1 through 22-11-14-6. (C) Section 16, dealing with “Flammable and Combustible Liquids,” is hereby deleted, the subject being adequately covered by I.A.C. Rules (20-801a)-E11 through (20-801a)E-325 with Appendixes. (Ord. 7-1977, passed 9-26-77) Editor's note: The statutes cited in division (A) of this section were repealed by Public Law 8-1984, § 136. § 92.10 MODIFICATIONS. The Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the intent of the Code shall be observed, public safety secured, and substantial justice done. The particulars of such modifications, when granted or allowed, and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished to the applicant. (Ord. 7-1977, passed 9-26-77) § 92.11 APPEALS. Whenever the Chief of the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant is permitted to appeal from the decision of the Chief of the Bureau of Fire Prevention to the Board of Public Safety within 30 days from the date of the decision appealed. (Ord. 7-1977, passed 9-26-77) 1997 S-2 Fire Prevention 13 § 92.12 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH REQUIRE PERMITS. The Mayor, the Chief of the Fire Department, and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the Code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (Ord. 7-1977, passed 9-26-77) LIQUIFIED PETROLEUM (LP) STORAGE FACILITIES § 92.20 APPLICATION OF REGULATIONS. This subchapter shall apply to all persons, firms, partnerships, associations, corporations, companies or organizations of any kind that store liquefied petroleum gas in an above ground storage facility with a capacity in excess of 1,500 gallons, for the purpose of resale. (Ord. 7-1988, passed 12-19-88) Cross-reference: Limits in which bulk storage of liquified petroleum gases is to be restricted, see § 92.05 § 92.21 MINIMUM STANDARDS. (A) An above ground storage facility must be plainly marked on at least two sides with the words “NO SMOKING” in letters at least six inches high. (B) The perimeter of the lot on which the storage facility is located shall be surrounded by a metal chain link fence at least eight feet in height, which fence shall be topped by at least two strands of barbed wire. (C) All gates in the perimeter fence shall be locked when not in use. (D) The entire area within the perimeter fence shall be well-lit at all times during the hours of darkness. (E) The distribution valve(s) must be locked at all times when not in use. (F) Guard rails meeting the specifications for the Indiana Department of Highways must be installed 15 feet on either side of the distribution valve(s). (G) A fire extinguisher, with a minimum capacity of 20 pounds of dry chemical with a B:C rating, shall be located at the sight of the distribution valve(s). 14 Mitchell - General Regulations (H) An operations log must be maintained at the sight of the facility showing the name of the operator on duty and the time that any liquefied petroleum is delivered to or dispensed from the storage facility. The operations log must be maintained for a period of one year from date of entry and shall be available for inspection by the proper legal officers of the city during regular business hours. The log must be maintained simultaneously with the delivery or dispensing of liquified petroleum from the storage facility and must state for each entry the time the valves were opened and closed. (I) A gas detection unit with sensors located on either side of the storage facility shall be in place and operational. The gas detection unit shall be connected to an alarm system that is directly connected to the Police Department. (Ord. 7-1988, passed 12-19-88) Penalty, see § 92.99 § 92.99 PENALTY. (A) Any person who shall violate any of the provisions of the Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Public Safety or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $10 or more than $50. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each three days that prohibited conditions are maintained shall constitute a separate offense. (B) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (C) Penalties for the violation of §§ 92.20 and 92.21 shall be a $500 fine for the first violation, a $1,500 fine for the second violation, and a $2,500 fine for the third and any subsequent violations. (Ord. 7-1977, passed 9-26-77; Am. Ord. 7-1988, passed 12-19-88) CHAPTER 93: FAIR HOUSING Section General Provisions 93.01 Policy 93.02 Definitions 93.03 Application Discrimination in Housing 93.15 Discrimination in the sale or rental prohibited 93.16 Acts constituting discrimination in the sale or rental 93.17 Discrimination in residential real estate-related transactions 93.18 Discrimination in the provision of brokerage services 93.19 Interference, coercion, or intimidation prohibited 93.20 Exemptions Administration and Enforcement 93.30 Administration 93.31 Remedies available GENERAL PROVISIONS § 93.01 POLICY. It is the policy of the city to afford its citizens equal opportunity in the purchase and rental of a dwelling. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98; Am. Ord. 2001-19, passed 11-5-01) § 93.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 15 2005 S-6 16 Mitchell - General Regulations AGGRIEVED PERSON. Any person who claims to have been injured by a discriminatory housing practice or believes that such person will be injured by a discriminatory housing practice that is about to occur. COMPLAINANT. A person who files a complaint under this chapter. DISABILITY. With respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment, or being regarded as having such an impairment. Such term does not include current, illegal use of or addiction to a controlled substance as defined in 21 U.S.C. § 802, nor does the term DISABILITY or DISABLED include an individual solely because that individual is a transvestite. DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under § 93.15 through 93.20. DWELLING. Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. FAMILIAL STATUS. One or more individuals (who have not attained the age of 18 years) being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or other persons. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. FAMILY. Includes a single individual. PERSON. One or more individuals, corporations, partnerships, associations, labor organization, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries. RESPONDENT. A person accused of a discriminatory housing practice in a complaint filed under this chapter. TO RENT. To lease, to sublease, to let and otherwise grant for a consideration the right to occupy the premises owned by the occupant. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98; Am. Ord. 2001-19, passed 11-5-01) § 93.03 APPLICATION. (A) Subject to the provisions of § 93.20(B), the prohibitions against discrimination in the sale or rental of housing set forth in §§ 93.15 and 93.16 shall apply to: (1) All dwellings except as exempted by division (A)(2) of this section. 2005 S-6 Fair Housing 17 (2) Nothing in §§ 93.15 and 93.16 (other than 93.15(C)) shall apply to: (a) Any single-family house sold or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single-family house by a private individual owner not residing in the house at the time of sale or who was not the most recent resident of such house prior to the sale, the exemption shall apply only to one such sale within any twenty-four month period. The private individual owner may not own any interest in, nor have owned or reserved on his or her behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single-family house shall be excepted from application of this section only if such house is sold or rented: 1. Without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent or salesman, or person; and 2. Without the publication, posting or mailing, after notice of advertisement or written notice in violation of § 93.15(C), but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title. (b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence. (B) A failure to design and construct covered multi-family dwellings for first occupancy after March 31, 1991, in such manner that the dwellings have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site; the public use and common use portions of such dwellings are readily accessible to and usable by disabled persons; all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled person in wheelchairs; and all premises within such dwellings contain the following features of adaptive design (commonly cited as “ANSI Al 17.1”): an accessible route into and through the dwelling; light, switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in bathroom walls to allow later installation of grab bars; and usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. (C) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others. (D) Nothing in this section prohibits discrimination against a person because the person had been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98; Am. Ord. 2001-19, passed 11-5-01) 2005 S-6 18 Mitchell - General Regulations DISCRIMINATION IN HOUSING § 93.15 DISCRIMINATION IN THE SALE OR RENTAL PROHIBITED. As made applicable by §§ 93.03, and except as exempted by §§ 93.03(A)(2) and 93.20, it shall be unlawful: (A) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, familial status or national origin. (B) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, disability, familial status or national origin. (C) To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status or national origin, or an intention to make any such preference, limitation, or discrimination. (D) To represent to any person because of race, color, religion, sex, disability, familial status or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. (E) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status or national origin. (F) To discriminate in the sale or rental, or to otherwise make available or deny, a dwelling to any buyer or renter because of a disability of that buyer or renter; a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that person. (G) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of that person; or a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that person. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98) Penalty, see § 10.99 § 93.16 ACTS CONSTITUTING DISCRIMINATION IN THE SALE OR RENTAL. For purposes of § 93.15(F) and (G), discrimination includes: 2005 S-6 Fair Housing 19 (A) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modification may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (B) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (C) A failure to design and construct covered multifamily dwellings for the first occupancy after March 31, 1991, in such a manner that the dwellings have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site; in such a manner that the public use and common use portions of such dwellings are readily accessible to and usable by disabled persons; all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and all premises within such dwellings contain the following features of adaptive design (commonly cited as “ANSI A117.1”): an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in bathroom walls to allow later installation of grab bars; and usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. (D) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others. (E) Nothing in this subsection prohibits discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, 10-5-98) Penalty, see § 10.99 § 93.17 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS. (A) It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, disability, familial status, or national origin. (B) As used in this section, the term “residential real estate-related transactions” means any of the following: (1) The making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or secured by residential real estate. 2005 S-6 20 Mitchell - General Regulations (2) The selling, brokering, or appraising of residential real property. (C) Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, disability, or familial status. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98; Am. Ord. 2001-19, passed 11-5-01) Penalty, see § 10.99 § 93.18 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES. It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, disability, familial status or national origin. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98; Am. Ord. 2001-19, passed 11-5-01) Penalty, see § 10.99 § 93.19 INTERFERENCE, COERCION, OR INTIMIDATION PROHIBITED. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 93.03 through 93.17. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98; Am. Ord. 2001-19, passed 11-5-01) Penalty, see § 10.99 § 93.20 EXEMPTIONS. (A) Nothing in this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (B) Nothing in this chapter limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling, and nothing in this chapter regarding familial status shall apply with respect to housing for older persons. As used 2005 S-6 Fair Housing 21 in this section, “housing for older persons” means housing provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or intended for, and solely occupied by, persons 62 years of age or older; or intended and operated for occupancy by at least one person 55 years of age or older per unit if the following requirements are met: (1) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provisions of such of such facilities and services are not practicable, that such housing is necessary to provide important housing opportunities for older persons; (2) That at least 80% of the units are occupied by at least one person 55 years of age or older per unit; and (3) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years or older. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98; Am. Ord. 2001-19, passed 11-5-01) ADMINISTRATION AND ENFORCEMENT § 93.30 ADMINISTRATION. (A) The authority and responsibility for administering this chapter and referral of complaints hereunder to the Commission as set forth in division (B) shall be vested in the Chief Executive Officer of the city. (B) Notwithstanding the provisions of IC 22-9.5-4-8, the city, because of a lack of financial and other resources necessary to fully administer proceedings and possible civil actions under this chapter, herein elects to refer all formal complaints of violation of this chapter by complainants to the Indiana Civil Rights Commission (“Commission”) for administrative enforcement actions pursuant to IC 22-9.5-6 and the Chief Elected Official of the city shall refer all said complainants to the Commission as provided for under division (A) to said commission for purposes of investigation, resolution and appropriate relief as provided for under IC 22-9.5-6. All executive departments and agencies shall administer their programs and activities relating to housing in a manner affirmatively to further the purposes of this chapter and shall cooperate with the Commission to further such purposes. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98; Am. Ord. 2001-19, passed 11-5-01) 2005 S-6 22 Mitchell - General Regulations § 93.31 REMEDIES AVAILABLE. Several avenues of relief are available for aggrieved persons. Remedies are available through actions commenced through the State Civil Rights Commission, the Federal Department of Housing and Urban Development, and through private actions. The Mayor and Board of Public Works and Safety will provide information on remedies available to any aggrieved person requesting such information. (Ord. 2-1992, passed 10-5-92; Am. Ord. 22-1998, passed 10-5-98) 2005 S-6 CHAPTER 94: NOISE CONTROL Section 94.01 Application of regulations 94.02 Prohibitions 94.03 Exceptions 91.04 Standards 94.99 Penalty § 94.01 APPLICATION OF REGULATIONS. This chapter shall apply to the control of all noise originating within the corporate limits of the city. (Ord. 9-1996, passed 8-5-96) § 94.02 PROHIBITIONS. It shall be unlawful to use, maintain or operate any portable entertainment appliance, radio, loudspeaker, or amplifier connected with any radio, phonograph, tape or compact disc player, or other sound-emitting device with which sounds are magnified and made audible which constitutes unreasonable noise in the city or which causes discomfort or annoyance to any reasonable person in the city. (Ord. 9-1996, passed 8-5-96; Am. Ord. 4-1997, passed 2-3-97) § 94.03 EXCEPTIONS. This chapter shall not apply to such devices in homes or in private pleasure vehicles when they are operated in such a manner as not to be audible at a distance of 50 feet or less from such vehicle, nor to sirens, noise makers, bands, or other musical devices when used in any public parade or procession. Further, this chapter shall not apply to any warning devices or authorized emergency vehicles or horns or any other warning devices on any vehicle or railroad train used for safety purposes. (Ord. 9-1996, passed 8-5-96; Am. Ord. 4-1997, passed 2-3-97) § 94.04 STANDARDS. (A) The standards which shall be used in determining whether a violation of the provisions of this chapter exists shall include, but are not limited to, the following: 23 1997 S-2 24 Mitchell - General Regulations (1) The volume of the noises; (2) The intensity of the noise; (3) Whether the nature of the noise is usual or unusual; (4) Whether the origin of the noise is natural or unnatural; (5) The volume and intensity of the background noise, if any; (6) The proximity of the noise to a school, a library, or residential sleeping facilities; (7) The nature and zoning of the area within which the noise emanates; (8) The density of the inhabitation of the area within which the noise emanates; (9) The time of day or night the noise occurs; (10) The duration of the noise; (11) Whether the noise is recurrent, intermittent or constant; and (12) Whether the noise is produced by a commercial or noncommercial activity. (13) Whether the noise has an unusually loud bass volume that is disturbing to the ear drum. (B) The standards which shall be used in determining whether an existing noise is an unreasonable noise under § 94.05 shall include, but are not limited, to the following: (1) Whether the noise is unreasonably loud under the circumstances. (2) Whether the noise constitutes a public nuisance. (3) Whether the noise constitutes a breach of the peace. (Ord. 9-1996, passed 8-5-96; Am. Ord. 4-1997, passed 2-3-97) § 94.05 PRESUMPTIONS. (A) Any noise level which reaches a reading of 68 decibels (or greater) on a decibel meter from a distance of 20 feet or greater shall be presumed to be an unreasonable noise. (B) Any noise level (even though it does not reach 68 decibels (or greater) on a decibel meter when measured at a distance of 20 feet or greater) may be presumed to be unreasonable if the noise is audible at a distance of 50 feet or more from the source of such noise. 1997 S-2 Noise Control 25 (C) The term "unreasonable noise" shall be interpreted in the same manner that "unreasonable noise" is interpreted under IC 35-45-1-3(2). (Ord. 4-1997, passed 2-3-97) § 94.99 PENALTY. Judgment of up to $500 may be entered for each violation of this chapter. (Ord. 9-1996, passed 8-5-96) 1997 S-2 26 Mitchell - General Regulations CHAPTER 95: RECYCLING Section 95.01 Ownership of recyclables 95.02 Prohibitions 95.03 Exceptions 95.99 Penalty § 95.01 OWNERSHIP OF RECYCLABLES. Any and all recyclables after being placed along the curbside of the various properties of the city shall remain the property of the owner or resident so placing such recyclables in such position and may be taken from that place only by the operators of the Lawrence County Solid Waste District's trucks and employees designated to pick up and remove those recyclables. (Ord. 7-1997, passed 3-3-97) § 95.02 PROHIBITIONS. No person other than a driver or employee of the Lawrence County Solid Waste District may remove any recyclable from the place where it has been placed to be picked up and removed by such Lawrence County Solid Waste District's truck and employees. (Ord. 7-1997, passed 3-3-97) Penalty, see § 95.99 § 95.03 EXCEPTIONS. This chapter shall not apply to any and all employees of the city who might be assisting the Solid Waste Truck or employees in the pick up of such recyclables. Likewise, this chapter shall not apply to any person authorized or directed by the city or the Solid Waste District's directors, manager, or employees to help or assist in such collection of recyclables. (Ord. 7-1997, passed 3-3-97) § 95.99 PENALTY. (A) Any person who takes or removes any recyclable item or items from the property of another where same have been placed for pickup by the Solid Waste Department's truck and/or employees shall be in violation of this ordinance and, upon conviction, shall be fined the sum of $500 for each such occurrence, to which shall be added the costs of such action. Removal of any recyclable or recyclables from more than one property shall constitute a separate violation of this chapter for each such property from which recyclables have been removed by such person. 27 1997 S-2 28 Mitchell - General Regulations (B) Any person not an employee of the Lawrence County Solid Waste District or not the owner or resident of the property where the recyclable materials are collected for pickup by the Solid Waste truck and employees who picks through the recyclables of another or removes any or all of them from the container in which they have been placed for collection shall be in violation of this section and, upon conviction, pay a fine of $100 for each such occurrence, to which shall be added the cost of this action. (Ord. 7-1997, passed 3-3-97) 1997 S-2 CHAPTER 96: WEED CONTROL; LITTER CONTROL Section 96.01 Definitions 96.02 Duties of owner 96.03 Exceptions 96.04 Notice from city 96.99 Penalty § 96.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. LITTER and/or JUNK. The terms "litter" and "junk" shall include, but are not limited to, any of the following: (1) Paper, paper products, and newspapers more than one week old. (2) Empty (or partially empty) plastic or glass bottles and/or metal cans or receptacles of any and all type and nature. (3) Bed springs. (4) Mattresses. (5) Rubber tires or rubber tubes or metal wheels. (6) Wrecked vehicles, wrecked trucks, or wrecked automobiles, motorcycles or bicycles. (7) Building materials, including, but not limited to, cinder blocks, bricks, lumber, plywood, siding, roofing and forms, when no construction is in progress upon the real estate. (8) Sinks, refrigerators, washing machines, dishwashers, clothes dryers, or other metal machinery, chairs, sofas, overstuffed furniture of any type, television sets, v.c.r.'s, audit equipment. 29 2001 S-5 30 Mitchell - General Regulations (9) Wire, plastic pipe, or other material which may be blown off of owner's property and onto public property or the property of a neighbor. (10) Any vehicle that does not display a current license (except inside a garage or shed or other type of building which is covered by a roof. (Ord. 11A-1997, passed 6-2-97; Am. Ord. 3-1999, passed 6-7-99) § 96.02 DUTIES OF OWNER. (A) No owner, tenant or occupant of any lot or other parcel of real estate located in the city shall suffer or permit the growth of weeds or other rank vegetation upon the lot or other parcel of real estate. (B) It shall be the duty of every owner, tenant, or occupant of any lot or other parcel of real estate located in the city to cut and remove weeds and other rank vegetation growing thereon. This shall include any and all weeds and rank vegetation which is growing between garages and/or out-buildings and alley ways within such city. (C) The owner, tenant or occupant of any lot or other parcel of real estate located in the city shall maintain the premises free of litter and/or junk. (Ord. 11A-1997, passed 6-2-97; Am. Ord. 3-1999, passed 6-7-99) Penalty, see § 96.99 § 96.03 EXCEPTIONS. (A) This chapter shall not prohibit the storage of litter in trash barrels or trash cans, with lids thereon to prevent the litter from being blown out by the wind. Likewise, this chapter shall not prevent the collection of any of the above articles inside a home or garage, provided, however, that these exceptions shall not be interpreted to permit activity that would be otherwise prohibited by zoning laws. (B) Further, this chapter shall not prevent the storage of wrecked automobiles by automobile dealers or automobile repair shops or of appliances by appliance dealers provided that such businesses have been properly zoned to conduct such business. (Ord. 11A-1997, passed 6-2-97; Am. Ord. 3-1999, passed 6-7-99) § 96.04 NOTICE FROM CITY. (A) The Chief of Police and all other members of the Police Department and the Building Commissioner (or any of them) are authorized to enter into and upon every lot or other parcel of real estate for the purpose of inspecting the lot to determine whether weeds or other rank vegetation are growing thereon or to determine if the premises are being kept free of litter. 2001 S-5 Weed Control; Litter Control 31 (B) The Chief of Police, Police Department member, and Building Commissioner (or any of them) shall give written notice to the lot owner or other parcel of real estate on which any weeds or other rank vegetation exists to cut or cause to be cut and removed the growth of weeds or other rank vegetation within five days from receipt of the written notice. (C) Likewise, the Chief of Police, Police Department Member, and Building Commissioner (or any of them) shall give written notice to the owner of the lot or other parcel of real estate which is not being maintained free of litter to clean up the premises and remove and properly dispose of such litter within five days from receipt of the written notice. (Ord. 11A-1997, passed 6-2-97; Am. Ord. 3-1999, passed 6-7-99) Penalty, see § 96.99 § 96.99 PENALTY. (A) If the growth of weeds or other rank vegetation is not so cut and removed within the time period set forth in § 96.04, or if the litter and/or junk so defined above is not removed from the premises or placed within or stored within an existing garage or outbuilding or residence where same cannot be observed by the public as they pass the property within the time period as set forth in § 96.04, then in either or both events, for each and every day beyond the five days allowed the owner shall pay a fine of $25 per day for each and every day that the violation continues to exist, which may be charged cumulatively, together with the costs of any action that may be filed by the city to enforce this chapter. (B) The imposition of a fine upon any person for a violation of this chapter or any part thereof shall not bar the city from cutting the weeds or other rank vegetation and/or removing the litter and cleaning up the property, and from recovering the costs or charges of performing this work and the administrative fee, by means of civil action or by other legal means. (Ord. 11A-1997, passed 6-2-97; Am. Ord. 3-1999, passed 6-7-99) 2001 S-5 32 Mitchell - General Regulations CHAPTER 97: BLOODBORNE PATHOGEN EXPOSURE CONTROL PROGRAM Section 97.01 Exposure determination 97.02 Compliance methods 97.03 Personal protective equipment 97.04 Regulated waste disposal 97.05 Laundry procedures 97.06 Hepatitis B vaccine 97.07 Post-exposure evaluations and follow-up 97.08 Interaction with health care professionals 97.09 Training § 97.01 EXPOSURE DETERMINATION. (A) OSHA requires employers to perform an exposure determination concerning which employees may incur occupational exposure to blood or other potentially infectious materials. The exposure determination is made without regard to the use of personal protective equipment (i.e. employees are considered to be exposed even if they wear personal protective equipment). This exposure determination is required to list all job classifications in which all employees may be expected to incur such occupational exposure, regardless of frequency. At this facility (which includes city owned facilities, including sanitation collection trucks and equipment, police and fire vehicles, and transit vehicles) the following job classifications are in this category: Job Classification Tasks/Procedures Sanitation Laborers Empty trash containers; pick up litter and trash; clean restrooms Part-time sanitation laborers Empty trash containers; pick up litter and trash; clean restrooms Transit bus drivers Empty trash containers; pick up litter and trash; clean up body fluids On call bus drivers Empty trash containers; pick up litter and trash; clean up body fluids Police officers May have hand to hand or firearm contact; administer first aid; clean up body fluids Fire Department officers Administer first aid; clean up body fluids 33 2001 S-5 34 Mitchell - General Regulations (B) In addition, OSHA requires a listing of job classifications in which some employees may have occupational exposure. Since not all the employees in these categories would be expected to incur exposure to blood or other potentially infectious materials, tasks or procedures that would cause these employees to have occupational exposure are also required to be listed in order to clearly understand which employees in these categories are considered to have occupational exposure. The job classifications and associated tasks for these categories are as follows: Job Classification Tasks/Procedure City Hall janitor Clean up regurgitation which might fall on floor/furniture, etc. (Ord. 8-1999, passed 8-2-99) § 97.02 COMPLIANCE METHODS. (A) Precautions. Universal precautions will be observed in order to prevent contact with blood or other potentially infectious materials. All blood or other potentially infectious material will be considered infectious regardless of the perceived status of the source individual. (B) Controls. Engineering and work practice controls will be utilized to eliminate or minimize exposure to employees. These controls will be examined and maintained on a regular schedule. The schedule for reviewing the effectiveness of these controls is weekly, and shall be conducted by the police watch officer of the day. Where occupational exposure remains after institution of these controls, personal protective equipment shall also be utilized. The following engineering controls will be utilized: (1) Hand washing facilities (or antiseptic hand cleaners and towels or antiseptic towelettes), which are readily accessible to all employees who have potential for exposure. (2) Containers for contaminated sharps having the following characteristics: puncture-resistant; color coded or labeled with a biohazard warning label; leak-proof on the sides and bottom. (3) Police - specimen containers which are: leak-proof; color coded or labeled with a biohazard warning label; puncture-resistant when necessary. (4) Secondary containers which are leak-proof; color coded or labeled with a biohazard warning label; puncture-resistant when necessary. (C) Hand washing facilities. Hand washing facilities are also available to the employees who incur exposure to blood or other potentially infectious materials. OSHA requires that these facilities be readily accessible after incurring exposure. Hand washing facilities are located in all rest room locations in city hall, the police station, and at the city garage. If hand washing facilities are not feasible, the employer 2001 S-5 Bloodborne Pathogen Exposure Control Program 35 is required to provide either an antiseptic cleanser in conjunction with a clean cloth/paper towels or antiseptic towelettes. If these alternatives are used, then the hands are to be washed with soap and running water as soon as feasible. Employers who must provide alternatives to readily accessible hand washing facilities should list the location, tasks, and responsibilities to ensure maintenance and accessibility of these alternatives. After removal of personal protective gloves, employees shall wash hands and any other potentially contaminated skin area immediately or as soon as feasible with soap and water. If employees incur exposure to their skin or mucous membranes, then those areas shall be washed or flushed with water as appropriate as soon as feasible following contact. (D) Needles. Contaminated needles and other contaminated sharps will not be bent, recapped, removed, sheared or purposely broken. (E) Containers for reusable sharps. Contaminated sharps that are reusable are to be placed immediately or as soon as possible after use into appropriate sharps containers. (F) Work area restrictions. In work areas where there is a reasonable likelihood of exposure to blood or other potentially infectious materials, employees are not to eat, drink, apply cosmetics or lip balm, smoke, or handle contact lenses. Food and beverages are not to be kept in refrigerators, freezers, shelves, cabinets or on counter tops or benchtops where blood or other potentially infectious materials are present. (G) Specimens. (Police) Specimens of blood or other potentially infectious materials will be placed in a container which prevents leakage during the collection, handling, processing, storage and transport of the specimens. The container used for this purpose will be labeled or color coded in accordance with the requirements of the OSHA standard. (Employers should note that the standard provides for an exemption for specimens from the labeling/color coding requirements provided that the facility utilizes universal precautions in the handling of all specimens and the containers are recognizable as containing specimens. This exemption applies only while the specimens remain in the facility. If the employer chooses to use this exemption then it should be stated.) Any specimens which could puncture a primary container will be placed within a secondary container which is puncture resistant. Means should be taken by protective gloves to make sure that any such specimen does not puncture the skin. Needles and sharp objects such as razor blades and scalpels should be placed in the primary container first, then in the secondary container which shall be located with all other personal protective equipment in a closet in City Hall to which all offices have a key, in the Police Department in an unlocked closet, and in the highway garage in an unlocked area. If outside contamination of the primary container occurs, the primary container shall be placed within a secondary container which prevents leakage during the handling, processing, storage, transport or shipping of the specimen. (H) Contaminated equipment. Equipment which has become contaminated with blood or other potentially infectious materials shall be examined prior to servicing or shipping and shall be decontaminated as necessary unless the decontamination of the equipment is not feasible. (Ord. 8-1999, passed 8-2-99) 2001 S-5 36 Mitchell - General Regulations § 97.03 PERSONAL PROTECTIVE EQUIPMENT. (A) All personal protective equipment used at this facility will be provided without cost to employees. Personal protective equipment will be chosen based on the anticipated exposure to blood or other potentially infectious materials. The protective equipment will be considered appropriate only if it does not permit blood or other potentially infectious materials to pass through or reach the employees' clothing, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the protective equipment will be used. Protective clothing will be provided to employees in the following manner. The city shall provide disposable kits to their police, transit, fire and sanitation workers (or put them in their vehicles). (1) Gloves; (2) Lab coat; (3) Face shield; (4) Clinic jacket; (5) Eyewear (with solid side shield); (6) Surgical gown; (7) Shoe covers; (8) Utility gloves; and (9) Examination gloves. (B) All personal protective equipment will be cleaned, laundered, and disposed of by the employer at no cost to employees. All repairs and replacements will be made by the employer at no cost to employees. All garments which are penetrated by blood shall be removed immediately or as soon as feasible. All personal protective equipment will be removed prior to leaving the work area. The following protocol has been developed to facilitate leaving the equipment at the work area: Gloves shall be worn where it is reasonably anticipated that employees will have hand contact with blood, other potentially infectious materials, non-intact skin, and mucous membranes. Gloves will be available from the Superintendent. Gloves will be used for the following procedures: The handling of any and all items or things which could cause infestation of the blood stream, infection, or disease, if the skin were punctured or if the skin were to come into contact with any particular item or thing. Disposable gloves are not to be washed or decontaminated for re-use and are to be replaced as soon as practical when they become contaminated or as soon as feasible if they are torn, punctured, or when their ability to function 2001 S-5 Bloodborne Pathogen Exposure Control Program 37 as a barrier is compromised. Utility gloves may be decontaminated for re-use provided that the integrity of the glove is not compromised. Utility gloves will be discarded if they are cracked, peeling, torn, punctured, or exhibit other signs of deterioration or when their ability to function as a barrier is compromised. (C) Masks in combination with eye protection devices, such as goggles or glasses with solid side shield, or chin length face shields, are required to be worn whenever splashes, spray, splatter, or droplets of blood or other potentially infectious materials may be generated and eye, nose or mouth contamination can reasonably be anticipated. Situations which would require such protection are as follows: whenever splashes, spray, splatter or droplets of blood or other potentially infectious materials may be generated and eye, nose or mouth contamination can reasonably be anticipated. This can happen when dealing with a dead body or carcass, a sick or infected person, and/or a situation where such blood or other potentially infectious materials are in the air and capable of being breathed, such as a container of same being dropped and/or split open or ruptured. The OSHA standard also requires appropriate protective clothing to be used, such as lab coats, gowns, aprons, clinic jackets, or similar outer garments. The following situations require that such protective clothing be utilized: Any time any hazardous waste or similar substance(s) are possible to come into contact with any city employee. For example, a truck or train hauling hazardous waste, or some unknown dangerous substance bound for Crane U.S.N.A.D., for example, might overturn and spill its contents. It is impossible to predict in advance all instances where this might happen. Facilities will be cleaned and decontaminated according to the following schedule: All city properties so contaminated shall be cleaned up as soon as possible. Decontamination will be accomplished by utilizing the following materials: Bleach solutions or EPA registered germicides, whichever is applicable. All contaminated work surfaces will be decontaminated after completion of procedures and immediately or as soon as feasible after any spill of blood or other potentially infectious materials, as well as the end of the work shift in the surface may have become contaminated since the last cleaning. Appropriate plastic wrap may also be used to assist in keeping surfaces free of contamination. All bins, pails, cans, and similar receptacles shall be inspected and decontaminated on a regularly scheduled basis by the street sanitation workers. Any broken glassware which may be contaminated will not be picked up directly with the hands. The following procedures will be used: Heavy, cut proof gloves will be used (or a shovel). (Ord. 8-1999, passed 8-2-99) § 97.04 REGULATED WASTE DISPOSAL. All contaminated sharps shall be discarded as soon as feasible in sharps containers which are located in the facility. Sharps containers are located in highway garage. Regulated waste other than sharps shall be placed in appropriate containers. Such containers are located in the highway garage. (Ord. 8-1999, passed 8-2-99) 2001 S-5 38 Mitchell - General Regulations § 97.05 LAUNDRY PROCEDURES. Laundry contaminated with blood or other potentially infectious materials will be handled as little as possible. Such laundry will be placed in appropriately marked bags at the location where it was used. Such laundry will not be sorted or rinsed in the area of use. All employees who handle contaminated laundry will utilize personal protective equipment to prevent contact with blood or other potentially infectious materials. Laundry at this facility will be cleaned off site, with the laundry service to be notified in accordance with section (d) of the OHSA standard. (Ord. 8-1999, passed 8-2-99) § 97.06 HEPATITIS B VACCINE. All employees who have been identified as having exposure to blood or other potentially infectious materials will be offered the Hepatitis B vaccine, at no cost to the employee. The vaccine will be offered within ten working days of their initial assignment to work involving the potential for occupational exposure to blood or other potentially infectious materials unless the employee has previously had the vaccine or wishes to submit to antibody testing which shows the employee to have sufficient immunity. Employees who decline the Hepatitis B vaccine will sign a waiver which uses the wording in Appendix A of the OSHA standard. Employees who initially decline the vaccine but who later wish to have it may then have the vaccine provided at no cost. (Ord. 8-1999, passed 8-2-99) § 97.07 POST-EXPOSURE EVALUATIONS AND FOLLOW-UP. When the employee incurs an exposure incident, it should be reported to his/her supervisor who has responsibility to maintain records of exposure incidents. All employees who incur an exposure incident will be offered post-exposure evaluation and follow-up will include the following: (A) Documentation of the route of exposure and the circumstances related to the incident. (B) If possible, the identification of the source individual and, if possible, the status of the source individual. The blood of the source individual will be tested (after consent is obtained) for the HIV/HBV infectivity. (C) Results of testing of the source individual will be made available to the exposed employee with the exposed employee informed about the applicable laws and regulations concerning disclosure of the identity and infectivity of the source individual. (D) The employee will be offered the option of having their blood collected for testing of the employee's HIV/HBV serological status. The blood sample will be preserved for up to 90 days to allow the employee to decide if the blood should be tested for HIV serological status. However, if the employee decides prior to that time that testing will or will not be concluded, then the appropriate action can be taken and the blood sample discarded. 2001 S-5 Bloodborne Pathogen Exposure Control Program 39 (E) The employee will be offered post-exposure prophylaxis in accordance with the current recommendations of the U. S. Public Health Service. These recommendations are currently as outlined in the attached appendix to the OSHA Standard. (F) The employee will be given appropriate counseling concerning precautions to take during the period after the exposure incident. The employee will also be given information on what potential illnesses to be alert for and to report any related experiences to appropriate personnel. (G) The following person(s) has been designated to assure that the policy outlined here is effectively carried out as well as to maintain records related to this policy. (Ord. 8-1999, passed 8-2-99) § 97.08 INTERACTION WITH HEALTH CARE PROFESSIONALS. (A) A written opinion shall be obtained from the health care professional who evaluates employees of this facility. Written opinions will be obtained in the following instances: (1) When the employee is sent to obtain the Hepatitis B vaccine. (2) Whenever the employee is sent to a health care professional following an exposure incident. (B) Health care professionals shall be instructed to limit their opinion to: (1) Whether the Hepatitis B vaccine is indicated and if the employee has received the vaccine or for evaluation following an incident. (2) That the employee has been informed of the results of the evaluation. (3) That the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials. (Note that the written opinion to the employer is not to reference any personal medical information.) (Ord. 8-1999, passed 8-2-99) § 97.09 TRAINING. (A) Training for all employees will be conducted prior to initial assignment to tasks where occupational exposure may occur. Training will be conducted in the following manner and include the following: (1) An explanation of the OSHA Standard for bloodborne pathogens. (2) Epidemiology and symptomatology of bloodborne diseases. 2001 S-5 40 Mitchell - General Regulations (3) Modes of transmission of bloodborne pathogens. (4) This exposure control plan (i.e. points of the plan, lines of responsibility, how the plan will be implemented, etc.). (5) Procedures which might cause exposure to blood or other potentially infectious materials at this facility. (6) Control methods which will be used at the facility to control exposure to blood or other potentially infectious materials. (7) Personal protective equipment available at this facility and contact person for PPE. (8) Post-exposure evaluation and follow-up. (9) Signs and labels used at the facility. (10) Hepatitis B vaccine program at the facility. (B) All employees will receive annual refresher training. This training is to be conducted within one year of the employee's previous training. The outline for the training material is located in the office of the Clerk-Treasurer, and all records required by the OSHA standard will be maintained by the office of the Building Commissioner. (Ord. 8-1999, passed 8-2-99) 2001 S-5 CHAPTER 98: STREETS AND SIDEWALKS Section Rollerbladers and Rollerskaters 98.01 Permitted locations 98.02 Prohibited locations Maintenance 98.10 Removal of snow 98.11 Sidewalks in front of premises to be kept clean 98.12 Tips for a longer sidewalk life Requirements for Over-Hangings 98.20 Signs and awnings over sidewalk; removal 98.21 Tree limbs 98.22 Maintenance of poles Excavations 98.30 Permit required; exception 98.31 One-half of street to remain open 98.32 Warning devices 98.33 Replacement of street or sidewalk required Prohibited Acts 98.40 Barbed wire Sidewalk Program Requirements 98.50 Construction requirements for participation in city sidewalk program 98.99 Penalty 41 2005 S-6 42 Mitchell - General Regulations ROLLERBLADERS AND ROLLERSKATERS § 98.01 PERMITTED LOCATIONS. Rollerblades and rollerskates shall be permitted to be used on sidewalks in residential areas only provided that the person using the rollerblades or rollerskates follows the following rules (and wherever the term “rollerblades” or “rollerblader” is used herein, “rollerskates” or “rollerskater” may be substituted): (A) The rollerblader must yield the right of way to all pedestrian traffic including other rollerbladers using the sidewalks. (B) Each time before skating in an area, the rollerblader (and if the rollerblader is a minor or under guardianship, the parent and/or guardian) must walk and preview the sidewalks the rollerblader will be using to make sure that same is in safe condition for the use of rollerblades and that the rollerblader (or if the rollerblader is a minor or under guardianship, the parent and/or guardian) assumes full and complete legal responsibility for any damage or injury that the rollerblader might sustain by a fall or collision with any other person, vehicle, or other thing, regardless of what it might be. The rollerblader shall refrain from using any sidewalk which is rough, uneven, or broken, or which has other dangers that are visible to the eye when previewed by the rollerblader and/or his or her parent or guardian. (C) The rollerblader shall come to a complete stop before crossing a street, and will cross only when it is safe to do so. Specifically he or she will not skate in front of oncoming traffic. (D) The rollerblader shall be subject to all the same rules as pedestrian traffic. (E) The rollerblader shall use his or her rollerblades in a safe manner at all times, reducing the speed at which he or she is skating to that which is safe to operate given the totality of the circumstances and conditions then existing. (F) The rollerblader shall not create a disturbance or disruption, shall respect the property of others and shall avoid rollerblading within 100 feet of any quiet zone established around residences where the sick or infirmed reside. (G) The rollerblader shall not create a danger for themselves or others. (H) The rollerblader shall not rollerblade in or on any person's yard, flower garden, or private sidewalk leading from the city sidewalk to a person's residence, garage, or other building located on any city lot. (I) The rollerblader shall not interfere with the legal flow of vehicular traffic upon the streets of the city. Likewise, the rollerblader shall not interfere with the legal flow of pedestrian traffic upon the streets or sidewalks of the city. 2005 S-6 Streets and Sidewalks 43 (J) When approaching another person or rollerblader traveling in the opposite direction of the rollerblader on the sidewalk, each shall stay to his or her right half of the sidewalk, so as to pass each other left shoulder to left shoulder. Rollerbladers shall pass in single file when approaching another person or rollerblader traveling in the opposite direction. (K) When overtaking another person or rollerblader traveling in the same direction, the rollerblader shall slow and announce in advance his or her intention to pass verbally in a loud enough voice that the person or rollerblader being overtaken will know what is about to transpire. Then the rollerblader shall overtake the other rollerblader or person on that person's left side. Such overtaking shall be done in a safe, cautious, and orderly manner so as not to cause any danger or inconvenience to the person or rollerblader being overtaken. If two or more rollerbladers are doing the overtaking, they shall proceed in single file. (L) Rollerbladers shall not cross streets in the middle of the block, but shall only do so at intersections of streets with other streets in the same manner as pedestrians are permitted to cross streets. No “jay-walking” or “jay-crossing” shall be permitted. (Ord. 00-10, passed 7-6-00) Penalty, see § 98.99 § 98.02 PROHIBITED LOCATIONS. Rollerblading shall be prohibited on the sidewalks in the city in and at the following locations: (A) On Main Street from New Highway 37 to 4th Street; (B) On the sidewalks on Warren Street from 5th Street to 8th Street; and (C) On the sidewalks and curbs in the City Pool park area or in any other area posted “no rollerblading” by the city. (Ord. 00-10, passed 7-6-00) Penalty, see § 98.99 MAINTENANCE § 98.10 REMOVAL OF SNOW. No person, having the control, management, possession or ownership of any lot, tract or parcel of ground within the city, along and adjoining which any sidewalk extends, shall permit or allow any snow to be and remain on the sidewalk so extending along and abutting the lot, tract or parcel of land in the city, longer than a period of six hours during the daytime, after the snow has fallen. (Ord. 2-2003, passed 5-6-03) 2005 S-6 44 Mitchell - General Regulations § 98.11 SIDEWALKS IN FRONT OF PREMISES TO BE KEPT CLEAN. (A) Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (B) Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 2-2003, passed 5-6-03) § 98.12 TIPS FOR A LONGER SIDEWALK LIFE. (A) After new walk is finished, spray on a curing compound. This will minimize damage caused by premature cracking and spalling which is sometimes the result when concrete is not properly cured. (B) Do not use deicing salts such as calcium or sodium chloride on new or recently placed concrete, especially the first winter. Instead, after you shovel the snow off your walk, use clean sand for traction. They also have products available for the melting of ice which do not harm cement, but read the label first. (Ord. 2-2003, passed 5-6-03) REQUIREMENTS FOR OVER-HANGINGS § 98.20 SIGNS AND AWNINGS OVER SIDEWALKS; REMOVAL. (A) No person shall hang or suspend any sign or advertisement of any kind or character, except when printed upon an awning, so that the sign will project or extend over any street, alley or sidewalk in the city for a space of more than three feet. All signs or advertisements so hanging over any street, alley or sidewalk for a distance of three feet or less must be hung at a height of not less than eight feet and in a manner so as to be safe. (B) No person shall hang or suspend any awning or other over-hanging shade or covering over any street, alley or sidewalk in the city unless there is a space of eight feet between the awning shade, or covering and the surface of the street, alley or sidewalk. (C) It shall be unlawful for any person to build or maintain any shed over any street, alley, or sidewalk in the city. (D) If any person shall erect or maintain any sign, shed, or awning, or electric light, telephone or other poles in violation of any of the provisions of this chapter and shall, after receiving five days notice in writing served by the Chief of Police or his or her deputy, fail or refuse to remove the same or in case of poles to paint the same, the Chief of Police or his or her deputy is hereby directed and 2005 S-6 Streets and Sidewalks 45 required to take down and remove the sign, shed or awning, and in case of poles shall cause them to be painted. The expense connected with the taking down or painting shall be charged to the person owning the sign, shed, awning or pole, and if owned by the person who owns the building to which it is attached, then the expense shall become a lien upon the building and shall be foreclosed as other liens are foreclosed. (E) Savings clause. The provisions of this subchapter applicable to signs and awnings shall not apply to existing signs or awnings, but shall apply to the replacement of any existing signs or awnings with other or new signs or awnings. In other words, pre-existing awning and sign uses are “grand fathered” out. (Ord. 2-2003, passed 5-6-03) Penalty, see § 98.99 § 98.21 TREE LIMBS. No person shall allow, suffer or permit the limbs of any tree on any lot, or in any street or alley adjacent to the lot owned or occupied by that person to hang over any street, alley or sidewalk, unless there is a space of at least ten feet between the limbs of the trees and the surface of the street, alley or sidewalk. (Ord. 2-2003, passed 5-6-03) § 98.22 MAINTENANCE OF POLES. No person shall erect or maintain electric light poles, telephone poles or poles for any other purpose upon the streets, alleys or sidewalks in the city, over any street, alley or sidewalk in the city unless the poles are kept properly and uniformly painted, and painted a uniform color so as to present a sightly and uniform appearance. (Ord. 2-2003, passed 5-6-03) EXCAVATIONS § 98.30 PERMIT REQUIRED; EXCEPTION. No person shall excavate in, dig up, or disturb the surface of any street, alley or sidewalk in the city for the purpose of laying, removing or repairing gas pipes, water pipes, or for any purpose whatever without having first obtained a written permit to do so from the Mitchell City Street Commissioner. This permit shall state and correctly describe the nature, character, location and extent of the proposed work and the purpose for which it shall be done. However, this section shall not apply to any work to be done or any repairs made on the sanitary sewer system in the city, nor to work done by or under the 2005 S-6 46 Mitchell - General Regulations supervision of the Water Works Superintendent, nor causes of urgent necessity or emergency where there is not time or opportunity to obtain the permit. (Ord. 2-2003, passed 5-6-03) § 98.31 ONE-HALF OF STREET TO REMAIN OPEN. No person shall trench or otherwise excavate in any street, so as to obstruct the street for more than one-half its width at any one time, but shall at all times leave the street so that one-half thereof shall be open for use and free from obstruction if at all possible. (Ord. 2-2003, passed 5-6-03) § 98.32 WARNING DEVICES. It shall be the duty of the person so occupying or obstructing any street, alley or sidewalk to cause one or more red lights to be securely and conspicuously posted at or upon the excavation or obstruction, stationing one of the lights at each end of the space so occupied. Where the space so occupied is 50 feet or more either in length or width, the person shall place additional lights at intervals of nor more than 25 feet and shall maintain and continue the burning of the lights from dusk until daylight during every night the excavation or obstruction shall be allowed to remain. (Ord. 2-2003, passed 5-6-03) § 98.33 REPLACEMENT OF STREET OR SIDEWALK REQUIRED. (A) Any person who, having obtained a permit as provided for in § 98.30 and who shall have excavated in, dug up, or disturbed the surface of any street, alley or sidewalk in the city for the purpose of laying, removing, or repairing gas pipes, water pipes, or for, any purpose whatever, shall upon the completion of the work replace the street, alley or sidewalk in as good a condition as before the work commenced, and to the satisfaction of the Street Commissioner and the Common Council. (B) Any person who shall have excavated in, dug up or disturbed the surface of any street, alley or sidewalk in the city, and who shall fail to replace the same in as good a condition as before the work was commenced shall be liable to the city for the sum of money as is necessarily expended by the city in restoring the street, alley or sidewalk to its former condition, and shall further be liable for any and all damages that may result to any property owner or person which the city is required to pay. Should the Street Commissioner be required to repair and restore the street to its former condition, the Street Commissioner shall make and present to the Mayor and Common Council an itemized statement of the labor done and expense incurred in making the repairs. The Common Council shall deduct the amount of its costs and expenses for the repair or restoration from any allowances or claim of the person for work and labor done for the city, or from any money due them from the city for any other cause. (Ord. 2-2003, passed 5-6-03) 2005 S-6 Streets and Sidewalks 47 PROHIBITED ACTS § 98.40 BARBED WIRE. No person owning or occupying any lot in the city shall erect, or cause or permit to be erected, or maintain or suffer to be maintained along the lot adjacent to any street, alley or sidewalk any fence built in whole or in part of barbed wire, razor wire, or concertina wire unless such barbed wire is at least eight feet higher than the paved portion of the adjoining street or sidewalk. (Ord. 2-2003, passed 5-6-03) SIDEWALK PROGRAM REQUIREMENTS § 98.50 CONSTRUCTION REQUIREMENTS FOR PARTICIPATION IN CITY SIDEWALK. (A) Such sidewalks shall be constructed to a minimum depth of four inches for all but driveway crossings. The minimum depth for driveway crossings shall be five inches. Rebar shall be used in all sidewalk construction. The city shall provide the concrete and rebar and the property owner constructing such sidewalk shall pay for the labor, and the timing shall be co-ordinated by the Street Commissioner. (1) When the sidewalk is constructed next to the street and also serves as a curb, additional depth may be required on the curb side of the walk. (2) Width shall be the same as the adjoining walk. (3) If there is no adjoining sidewalk, the new or replacement sidewalk should be constructed to a width of four feet. (B) The new sidewalk shall have a joint pattern similar to the surrounding walk. (C) The sidewalks shall be divided by control joints also known as “dummy joints” formed by a joiner tool. The length should not exceed 1.5 times the width. (Example: Four-foot wide walk joints six feet.) (D) Isolation joints should be provided whenever restriction to freedom of either vertical or horizontal movement is anticipated. (Example: Where a new walk is being placed against an existing walk. These are full depth joints and are constructed by bonding to existing solid object–expansion material.) (E) All sidewalks must have broom finish. 2005 S-6 48 Mitchell - General Regulations (F) The City Council hereby agrees to establish a fund during the next budget to provide some funding to aid poor persons to pay for both labor and materials in replacing sidewalks. The City Council recognizes that it cannot provide for every person who has budget difficulties. It adopts the guidelines for the federal energy program as the guidelines for eligibility under this program. (See Appendix A attached thereto for copy of guidelines.) Written application forms for such assistance shall be developed by the city and available in the office of the Clerk Treasurer. When the application is received by the Clerk Treasurer, signed by the applicant, and completely and properly filled out, the Clerk Treasurer will write on the front of the application the date and time the application was so received by him or her and sign it. Then he or she shall turn it over to the Street Commissioner. Assistance will be granted each year on a first come first serve basis, and if more applicants apply in any year than there is a fund with which to pay, then those applicants will be taken care of the next year, before any newer applicants are taken care of. (Ord. 2-2003, passed 5-6-03) § 98.99 PENALTY. (A) Anyone violating this chapter shall be subject to a fine of $10 plus costs for each instance of violation of this chapter. (B) Whoever violates §§ 98.10 et seq., shall be fined not more than $25 for each offense. (Ord. 00-10, passed 7-6-00; Am. Ord. 2-2003, passed 5-6-03) 2005 S-6 CHAPTER 99: TREES Section 99.01 Title 99.02 Purpose and intent 99.03 Definitions 99.04 Tree Board 99.05 Street tree planting, locations, specifications; stump removal and general care 99.06 Additional duties of the Tree Board 99.07 Review by Board of Public Works and Safety 99.99 Penalty § 99.01 TITLE. This chapter shall be known and cited as the “City of Mitchell’s Tree Chapter.” (Ord. 6-2001, passed 6-4-01) § 99.02 PURPOSE AND INTENT. (A) The purpose of this chapter is to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the city rights-of-way or city-owned property. (B) The intent of the City Council is that the terms of this chapter shall be construed so as to promote: (1) The planting, maintenance, restoration and survival of desirable trees, shrubs and other plants within the city rights-of-way and on city-owned public lands; and (2) The protection of community residents from personal injury and property damage and the protection of the city from property damage caused or threatened by the improper planting, maintenance or removal of trees, shrubs, or other plants located within the city rights-of-way. (Ord. 6-2001, passed 6-4-01) 49 2005 S-6 50 Mitchell - General Regulations § 99.03 DEFINITIONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY-OWNED PROPERTY. (1) Property within the City of Mitchell and is: (a) Owned by the city by fee simple absolute; (b) Dedicated to the public for present or future use for purposes of vehicular or pedestrian traffic (but excludes road surfaces and sidewalk surfaces); or (c) City parks. (2) It expressly excludes: (a) Real estate contained within public alleys; (b) Real estate which contains land which, at the time of the passing of this chapter, has been platted as future roads or streets but which have not been built, opened and dedicated to the public and accepted by the city as public streets and/or sidewalks. PERSON. Any person, firm, partnership, association, corporation, company, L.L.C., L.L.P., P.C., or any other type of organization or association of any kind whatsoever. PROPERTY OWNER. The record owner or contract purchaser of any parcel of land. SHALL. Always mandatory and never suggestive. STREET TREE. A tree located on real estate controlled by the city as defined above. TOPPING. The cutting back of the leading shoot or shoots of major limbs which form the natural canopy of the tree so as to disfigure the tree’s crown. TREE BOARD REPRESENTATIVE. Any member of the Tree Board or a person designed by such board. TREE CARE. The treating, spraying, removal, pruning and any other tree maintenance of horticultural work intended for the enhancement or preservation of trees and the removal and prevention of any and all damages to any street trees caused by tree pests, viruses, or diseases. TREE PLANTING AND TREE PRUNING AND REMOVAL SPECIFICATIONS and STANDARDS OF PRACTICE FOR THE CITY OF MITCHELL (hereinafter called 2005 S-6 Trees 51 ARBORICULTURAL SPECIFICATIONS MANUAL). A manual prepared by the Urban Forester pursuant of the ordinance containing regulations and standards for the planting, maintenance and removal of trees, shrubs and other plants upon city-owned property. TREES, SHRUBS AND OTHER PLANTS. All vegetation, woody or otherwise, except lawn grass and flowers less than 24 inches in height. (Ord. 6-2001, passed 6-4-01) § 99.04 TREE BOARD. (A) Creation and establishment. There is hereby created and established a City Tree Board for the city, which shall consist of a minimum of three members, citizens and residents of this city. (B) Composition. Three members shall be appointed by the Mayor, one to serve a term of two years, one a term of three years, and one to serve a term of four years. Thereafter, all terms shall be for four years with as near equal as possible number coming up for appointment each year. (C) Pleasure of the Mayor. All members of the Tree Board shall serve at the pleasure of the Mayor and may be removed from such board prior to the expiration of their term by the decision of the Mayor, with or without cause. (D) Replacements. In the event a vacancy occurs during the term of any member, his or her successor shall be appointed by the Mayor for the expired portion of the term. This shall be done within 30 days following the expiration of the term of any appointed member, and in the event the member shall resign or his or her appointment be terminated as set forth above, then the replacement shall be made by the mayor within 30 days thereafter. (E) Regulations, officers and quorum. The Board shall choose its own officers, being a president, vice president and secretary, and shall make its own operating rules and regulations, and keep a journal of its proceedings. A majority of the members shall constitute a quorum for the transaction of business. (F) Duties-responsibilities. The Tree Board shall: (1) Meet at least once each calendar quarter or more often as needed; (2) Develop a census of the city’s street trees, specifying the type and condition of the trees; (3) Develop a census of the city’s street widths and have same shown on a map available to all members. (4) Develop a master plan for the care, removal, preservation, pruning, planting and disposition of street trees, sodding, seeding, and maintenance of lawns on city property. This plan, and any amendment thereto, must be approved by the Board of Public Works and Safety. 2005 S-6 52 Mitchell - General Regulations (5) Annually submit a request to the Mayor for a budget for the inspection and tree care. This budget should set aside funds for emergency needs. (6) Establish a pattern of orderly, periodic inspection of the condition of street trees and trees growing on city land. (7) Develop an annual written plan for tree care. This shall be submitted to the Board of Public Works and Safety and initially shall be adopted by the Board of Public Works and Safety only after a public hearing for the purpose of receiving public input on the plan before the plan may be adopted as the official plan for the city. One notice published in the newspaper at least ten days prior to the meeting shall be sufficient notice. Amendments thereafter may be adopted without any public hearing. (8) Consider, investigate, make findings, report, recommend upon, and keep adequate records of its actions upon any matter or question coming within the scope of its work as defined by this chapter. (9) Coordinate its efforts with related projects of such groups as the Park Board, Plan Commission and the Street Department or Water Department. (10) Promote rules and regulations for the proper administration of this chapter which shall include methods of good arboriculture. (11) Review all plans for the preservation of existing trees and planting new trees