HomeMy Public PortalAboutORD16023BILL NO. 2019-118
SPONSORED BY Councilman Hussey
ORDINANCE NO. I (1.0),_
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO
REVISIONS TO CHAPTER 32 OF THE CITY CODE.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 32 - Streets and Sidewalks, of the Code of the City of
Jefferson, Missouri, is amended as follows:
Chapter 32 — STREETS., AND SIDEWALKS, AND RIGHT-OF-WAYS"
Footnotes:
--- (1) ---
Cross reference— Definitions and rules of construction generally, § 1-2; certain ordinances relating to
streets saved from repeal, § 1-3(3); posting of bills or notices on public property, § 18-225; placement or
operation of mechanical amusement devices on City property, § 18-226; benchmark and grades, § 25-1;
street and house numbering, § 25-31 et seq.; stormwater/floodplain management, ch. 31.
State Law reference— General authority over streets, sidewalks, etc., RSMo § 77.520.
ARTICLE I. - GENERALLY
Sec. 32-1. Intent and Purpose
The public right-of–way shall provide for a safe, efficient, connected, integrated, and accessible
transportation network for users of all ages and abilities including motorists, transit users, bicyclists, and
pedestrians that enables mobility, promotes economic vitality, supports healthy and connected living, and
is a source of civic pride.
Sec. 32-2. Definitions
Livable Street – means a transportation corridor for all users including, but not limited to, pedestrians,
bicyclists, transit riders, cars, trucks, motorcycles, and buses. "Livable Streets" are designed and operated
to safely facilitate movement of people of all ages and abilities from destination to destination along and
across a continuous travel network.
Livable Street Elements – means transportation improvements, facilities, and amenities that accommodate
and/or promote multiple modes of travel, including pedestrian, bicycle, and transit in addition to cars,
trucks, motorcycles, and busses. These elements are defined and recognized by the Institute of
Transportation Engineers and the American Planning Association and may include, sidewalks, side paths,
crosswalks, transit turnouts, transit shelters, bike lanes and bike paths, lighting, landscaping, curb
extensions, calming devises, and street side amenities.
Public Improvement Project — means new streets, trails, sidewalks, crosswalks, cycling infrastructure and
facilities or the reconstruction thereof, as well as private improvement projects constructed and/or
maintained in whole or part with City funds, owned or leased by the City or intended to be dedicated to
the City.
Sec. 32-3. Applicability
Livable Streets Elements shall be considered in the development of all public improvement Projects
including:
A. Capital Improvement Plans; and
B. The plans of any private development that require City Council approval or which include
improvements on the right of way.
Sec. 32-4. Guiding Principles
Livable Streets Elements should be considered within the balance of mode and context of the community,
including, but not limited to, environmental sensitivity, cost, budget, demand, probable use, space and
area requirements and limitations, and legal requirements and limitations.
The City recognizes that Livable Streets may be achieved through elements incorporated into a single
project or incrementally through a series of improvements, or maintenance activities, or over time.
Sec. 32-5. Requirements
If a Livable Street Element identified in or required by an adopted public plan or development related
ordinance is not incorporated into the public improvement or development, such omission shall be
documented and shall demonstrate:
A. That the accommodation is not necessary because the proposed use is prohibited;
B. That the cost of accommodation is excessively disproportionate to the need or probable future
use. or
C. A documented absence of current and future need.
Documentation shall be produced by appropriate City staff or their consultants for CIP projects or for
private projects, the owner or his consultant shall provide such documentation. The documentation shall
be submitted to the City Administrator or his designee for approval or denial prior to project approval.
Secs. 32-6 — 32-9. Reserved
(C c 1977, § 33-1; rd. N . 1 893, 9 9 87; r . N . 13185, § 2, 5 7 2001)
Statc Law references Municipal authority to change strcct namcs, RSMo § 77.220.
Scc. 32 2. Cl sing streets, allcys, ctc.
A. C nstructi n r maintenance. The Dircct r f Public W rks is hcrcby auth rizcd t cl sc any public
street, alley, highway, r a way, r sidcwalk in thc City and withdraw such fr m pu lic use f r such
time as may be required f r said c nstructi n. Cl surc may nly be grantcd aftcr n ticc t the P lice
Chief. Any such cl surc shall address pedestrian access and safety.
B. thcr cl sures. Thc Chicf f P lice is here y uth rizcd t cl sc any pu lic strcct, llcy, highway,
r r dway in thc City an with r w such u lic strcct, llcy, highw y, r r a way fr m pu lic use
temporarily f r a maximum period f thrcc days f r purposes n t identified in subsccti n A in
accordancc with thc following:
1. Thc Chicf f P licc shall pr mulgatc an a licati n f rm f r a strcct cl surc rc ucst, which
may includc thc arca f strcct pr p scd t be cl sed, all rcas ns that said strcct sh uld be
cl scd, the intended use f the strcct during cl sure, and any thcr inf rmati n thc Chicf f
Policc may dccm appropriatc.
2. Up n receipt f an applicati n f r strcct cl sure, thc Chicf f P lice shall auth rizc thc cl surc
f the said street, unlcss the Chief f P licc finds ne f the f 11 wing:
a. Thcrc arc n t sufficient altern tc r utcs availa lc t all w thc safc and rdcrly m vcmcnt
of traffic through thc arca; or
b. The cl surc will unduly interfere with pr per fire and police pr testi n f, r ambulance
service t , re s c ntigu us t such cl surc; r
c. The cl surc will rc uirc thc divcrsi n f s grc t number f City cm 1 yccs, including
police ffiecrs, that n rmal City services Cann t be pr vidcd elsewhere; r
d. Previ usly appr ved r annual events scheduled f r the same time as the pr posed cl sure
will rc uirc thc divcrsi n f s great - _ _ - _ • _ _ _ _ _ . , ' _ . _ ' _ _ . ' _
fficers, that ncccssary City services cann t be pr vidcd t the arca pr sed t c cl sc ;
c. The street el urc is rcas na ly likely t causc injury t • rsons pr perty;
f. The street cl sure is rcas nably likely t cause a negative financial impact t th so
businesses adjacent t the el se strcct; r
g. The requested strcct cl surc is 1 nger th n nccess ry t cc mplish the purp se behind the
rcqucst for strc t cl sure. U n such finding, thc Chief f P lice may appr vc a strcct
cl sure which is limited t nly that time which is nccess ry f r the activity r event; r
h. The purpose f r the strcct cl surc docs n t require the el surc f the entire rea f the
request. U n such finding the Chief f P lice may appr vc a strc t cl surc which is
limitcd t nly that arca necessary f r thc activity r event; r
i. The street cl urc is being held f r thc primary purpose f advcrtising any pr uct, causc,
g s r ev Tit f r a f r pr fit entity; r
The street cl surc is primarily nccess. _ - _ _ 3 . . _ •
J•
2. The Chicf f P lice shall n tify the applicant f his determinati n.
__ -e.-:-:.:-
usc, r driving r ttcm ting t rivc any nim 1 r vchicic thcrc n, sh 11 c ccmc guilty f
misdemeanor.
D. Any street cl sing n t auth rizcd by this sccti n r by an thcr sccti n f thc City C dc, r any
cl sing in excess f thc time f r cl sure all wed pursuant t said sccti ns shall require a permissive
usc f right f way gr ntc y thc City C uncil.
Scc. 32 3. V c ting u lic rights f way.
A public right f way f r any street, alley, avenue, drivc, b ulcvard r thcr public th r ughfare
may bc vacated y rdinancc a r vcd by C uncil. Thc vacating r ccss may c initi tcd y C uncil r
by thc f 11 wing ctiti n r css:
1. A written pctiti n signcd by tw thirds f thc pr perty wncrs abutting up n thc right f way
s ught t be vacated, acc mpanicd by a dcscripti n f thc inv Ivcd right f -way shall bc filed
with thc City Clcrk.
2. Thc pctiti n shall bc referred t the City C uncil.
3. If the C until finds that the pctiti n f r vacati n sh uld be appr vcd, the pr scd vacati n
sh 11 c further c n iti nc up n thc p ss gc n a r v 1 f an r in: - :: ::: 3 - _
inv lvc right f way vacate an isc ntinuc f r u lic urp scs.
4. Any casement which is, r which may rcas nably be, required f r City sanitary scwcr r surface
water r inagc facilities, r f r ny g s, w tcr, cicctric 1, tcic h nc r tcicgr h facilitics r
scrviccs, whether r n t such facilitics r scrviccs cxist r will c c nstructc , shall c rcscrvc
t and retained by the City in any rdinancc auth rizing and appr ving thc vacati n f all r any
part f the inv ]vcd right f -way.
(C do 1977, § 33 3; rd. N . 10065, § 1(33 3), 9 19-83; rd. N . 15505, § 1, 3-21 2016)
State Law reference— Municipal authority to vacate strccts, RSMo § 88.637.
Scc. 32 4. Salt, ctc., f g ds, wares r mcrchandisc up n pu tic streets.
It shall be unlawful f r any pers n t place r stand f r sale r advertising purp scs any g ds, wares
r merchandise f any kind, directly r indirectly, u n the surface f the impr vcd rti n f any street,
alley r r adway within this City, within the parking arca which lics between the curb f any street nd
thc edge f the sidewalk lying cl scst t thc curb within thc City.
(C do 1977, § 33-4; rd. N . 13313, § 1, 12 17 2001)
Scc. 32 5. bstructing street lamps, ctc.
Any pers n wh shall erect r maintain any awning r sign b ard, r thcr bstructi n, n any
sidewalk r street in such a manner as t bstruct r bscure thc light f any street lamp r cicctric light
within thc City shall bc deemed guilty f a misdcmcan r.
(Code 1977, § 33 5)
Scc. 32 6. bstructi n f streets, alleys r sidewalks generally; placing f rcd lights n bstructi ns.
A. It shall bc a nuisance t encumber any street, alley r sidewalk within thc City, by placing r
causing t be placc thcrc n w , c 1, xcs, crates, mcrch ndisc, lum cr, rick, st nc, gravel,
s nd r thcr articles. Any pers n may usc the strccts, llcys and sidcw lks in thc c nstructi n f any
there n f building materials r t Is; pr vidcd, that such pers n shall first have btaincd thc written
crmissi n fr m thc c artmcnt f Pu lic W rks t usc such street, llcy r sidewalk f r such
B. Such pers n shall cause t bc placed a sufficient numbcr f rcd lights n any bstructi n placed by
thcm r un cr their irccti n, while c nstructing, ltcring r rcp iring uildings n thc street, allcy r
si cwalk. Thc num cr f thc rcd lights sh 11 c ctcrmincd y the c artmcnt f Pu lic W rks. The
rcd lights shall be placed n such bstructi n and shall remain there during thc f 11 wing h urs:
1. Thc m nths f cccm cr, January and Fc ruary, fr m 5: .m. t 7: a.m.
2. uring thc m nths f March, April and M y fr m : p.m. t :00 a.m.
3. During -the m nths f June, July and August fr m 7:30 p.m. t 5:00 a.m.
/I. During thc m nths f September, ct bcr and N vcmbcr fr m 5:30 p.m. t 7:00 a.m.
(C c 1977, § 33-6; rd. N . 133 1, 11 5 2 1)
Sec. 32 7. Taking f r ck, gravel, etc., fr m, r dep siting same up n, strccts, sidewalks, ctc.
Any pers n wh shall take fr m r dcp sit n any street, si cwalk r thcr pu lic placc f the City,
r n pr perty n t wncd r c ntr Ilcd y him, with ut having lawful uth rity s t d , any turf, 1 am,
gravel, r ck r thcr material shall be deemed guilty f a misdemcan r.
(Codc 1977, § 33 8)
Sec. 32 8. Leaving cxcavati ns, cellar pcnings, etc., pen r unpr tccted.
A. If any p rs n in the Gizty 4141 g, or ettuae to 1949 dug, or
ny highway, th r ughfarc r her public place, r shall dig any well, cist rn r vault, and shall
leave thc same pen r exp sed and with ut a sufficient fcncc r thcr pr tecti n ar and it, r shall
suffer r permit any cellar d r r grating, pening n any highway r th r ughfarc, t be and
remain pen in an unsafc r dangerous c ndition, whereby persons may be in danger f falling
or ver cellar d r or int such ccllar r vault, the pers n ffending shall be deemed guilty f a
misdemeanor.
B. Any pu lic fficer, r c ntract r f r public w rk, wh shall make an cxcavati n in any street r any
prevent pers ns, animals r vehicles fr m falling therein, sh 11 be deemed guilty f a misdemcan r.
(Code 1977, §§ 33 9, 33 10)
Scc. 32 9. Spilling c ncrctc n strccts.
Any pers n within the City wh permits any ready mixed e ncrctc t f 11 up n r spill up n ny
street f the City, except whcn such ready mixed c ncrctc is being dep sited up n a r adway during the
construct' n f -a street impr v ment, shall be deemed guilty f a misdemcan r.
(C c 1977, § 33 11)
Scc. 32-10. - Change in grading, paving, etc., necessitating change in 1 cati n f water pipe, hydrant, ctc.;
inst llati n f w to i cs, ctc., gcncr lly.
When ny street, ri gc r thcr u lic 1 cc in, u n, vcr, cr ss r undcr which ny m in, i c,
hydrant, appurtcnancc r thcr facility f any pers n engaged in thc business f selling watcr t thc public
has bccn placed shall bc graded, curbed, pavcd r thcrwisc changcd s as t makc rcl cati n r any
-- -- - - - - -- - - - -- - -- -- - - - - - - - --------- - - -- -
necessary, such pers n, his success rs and assigns, shall makc such ncccssary changc, but thc c st f such
change shall bc paid nc-half by such pers n and ne-half by the City; pr vided, that bcf rc such pers n
, - - - - - - -
t the City C until f r thc cst blishmcnt f ermanent gr cs, cur lines n si cw Ik lines, unless
permanent grades, curb lines and sidewalk lines have already bccn cstablishcd, and that such applicant
sh 11 thcn inst 11 such m ins, i cs, by rants, urtcn nccs an thcr f cilitics in cc r ancc with such
crm nent gra es nd lines. The City shall pr mptly csta lish such crm ncnt gr cs an lines u n such
applicati ns, and such mains, pipes, hydrants, appurtenances and thcr facilities shall n t bc installed until
such Fades and lines shall have been established. An applicati n fcc shall bc paid. Fccs shall bc as set
forth in Appcndix Y.
(C c 1977, 33 12; rd. 11272, § 1 , 1 15 2 7)
Scc. 32 11. c siting sn w n u lic rights f way.
A. N crs n sh 11 c sit r cause t c c sitc sn w r icc fr m private rking 1 is n r g inst
a fire hydrant r the pavcd p rti n f any street, alley, 1 ading r unl ading arca f public
p
B. N pers n shall c sit r c use t c cp site sn w r icc n un avc p rti ns f streets r llcys
r n private pr perty in any manner which interferes with the use f firc hydrants r thc pavcd
rti n f the sidcwalks, streets, allcys, r 1 ading r unl ading arcas f public transp rtati n.
(Ord. No. 9768, § 1, 4 5 82)
Scc. 3212. Litter.
A. Each pers n in the City shall keep the sidewalks, tree wells in sidcwalks, gutters, public rest areas
and public alleys in fr nt f and adjacent t any building, tenement, r m r real pr perty wned,
ccupicd, sscsscd r managed by him, r undcr his supervisi n and c ntr 1, clean and clear f
mud, filth, dirt, debris, trash, litter and ther substances, and weeds and grass, and shall als keep
any grass median arca between the pr perty line and the street in fr nt f r adjacent t any such
pr perty m wcd and frcc fr m filth, dcbris, trash, litter and weeds, and shall Is kccp the sidcwalks
in fr nt f nd adjacent t any such pr perty frcc and clear f any accumulati n f sn w and icc
which presents a hazard t pedestrians. if any such building abuts directly up n a public street, that
rti n f such public street s abutting the building shall be kept clean and clear f filth, dirt, dcbris,
trash, litter and thcr substanccs. Vi lati n f this subsccti n is a misdemcan r, and any pers n
e twitted thereof shall be fined n t less than $50.00, r m rc than tw hundred fifty d llars
($250.00), r shall be sentenced t a ter-rn f c nfincment f n t less than ne and n t m re than 90
ays in jail, r shall bc b th s fined and sentenced. Each day that the c nditi n cxists in vi lati n f
this subsccti n c nstitutcs a separate ffcnsc.
B. Each pers n in the City shall further kccp any yards, gr unds, driveways and any thcr private,
n npublic real pr perty wned, ccupicd, p sscsscd r managed by him, r under his supervisi n
and e ntr 1, clean and clear f filth, debris, trash, littcr, weeds and thcr substanccs. Vi lati n f this
subsecti n is a misdemcan r, and any pers n c nvicted there f shall be subject t the same penaltic
as arc prescribed f r a vi lati n f the pr visi ns f subsecti n (A).
C. Each person shall keep any parking lot in the City which is wned or managed by him, or which is-
un
sun cr his su crvisi n an c ntr 1, clean n cic r f filth, dc ris, tr sh, litter nd thcr su st nccs.
Vi.e-Itikityn 6f tli — . ccti 1=1 i —a Fais4e444ettoiar, t
the same pcnaltics as arc prescribed f r a vi lati n f the pr visi ns f subsccti n (A).
D. It is unlawful f r any pers n, purp scly r thcrwisc, t thr w, place r dcp sit, r t cause t be
thr wn, 1 cc r c site , u n ny u lic strcct, alley, si ew lk, trcc well in si cwalks, gutter,
rcst arca r public pr perty f any thcr kind r dcscripti n, r up n privatc pr perty f any kind r
character, r in any strcam r b dy f watcr, any Barba c, filth, dcbris, trash, rubbish, litter f any
thcr kin , n turc r cscri ti n, ff 1, nimal c rc ss r its thcrc f, uncle n w tcr, r thcr
su st nccs, m tcri is r jccts ccl rc t c nuis ncc, thcr than in r cr c ntaincrs r
receptacles designed and auth rizcd f r such purp sc. Vi lati n f this subsccti n is a misdcmcan r,
an ny crs n c nvictc thcrc f sh 11 be fine n t lcss th n $5 . , r m rc th n $5 . , r shall
be scntcncc t term f c nfincmcnt f n t lcss th n nc n n t m rc than 9 ys in j il, r sh 11
bc th s fincd and sentenced. N twithstanding thc f rcg ing, if any pers n is c nvictcd f a
vi lati n f this subsccti n, and if the c urt finds that thc vi lati n ccurrcd whilc the pers n was the
rivcr r cu nt f an aut m ilc, truck r mot r vchicic f ny thcr cscripti n, whcthcr sai
vchicic w s thcn m ving r t rcst, thcn thc minimum fine f r the vi 1 ti n shall c $25. , an the
minimum scntcncc f c nfincment shall bc nc day, and the maximum finc and scntcncc shall be as
set forth in this subscction.
E. N crs n shall c sit ny trash, ru ish r s li w stc fr m any h usch 1 in any c ntaincr r
rcccptacic maintained n a sidewalk r at any thcr 1 cati n f r disp sal f littcr by pcdcstrians r
the gcncral public. Vi lati n f this subsccti n is a misdcmcan r.
F. N crs n wh wns r m nagcs, r wh is cm 1 yc y, a c mmcrcial csta lishmcnt r instituti n,
shall dcp sit trash, rubbish r s lid wastc fr m that cstablishmcnt r instituti n in any c ntaincr r
rcccptacic maintained n a sidewalk r at any thcr locati n f r dis sal f littcr by pcdcstrians r
thc gcncral pu lic. Vi 1 ti n f this su sccti n is mis cmcan r.
G. Any licc fficcr, any cnvir nmcntal s nit ri n cm 1 yc y thc cp rtmcnt f Pu lic W rks an
any employoeofthe Ciyottr=6ing &ad *of&Ettithor=irPy v5.4,to ha3 the atithovi=t-y
parking vi lati ns, shall have autl rity t cnf ree the pr visi ns f this secti n, including the
issuance f tickets, citati ns and summ ns t appcar in c urt.
( rd. N . 9422, § 1, 5-5-80; rd. N . 9 02, §§ 1, 2, 5-5-80; rd. N . 13301, 11-5-2001)
waste, ch. 30; pr hibitc r cticcs, ' 30-19.
Scc. 32 13. C nnccti n f private r adways t public streets.
N pers n shall c nncct any r adway t any strcct wncd r c ntr llcd by the City with ut the
permissi n f Direct r f Public W rks which such pernissi n shall my be giv n if the Direct r
determines that the arca t be served by the new r adway is substantially within the c rporatc undaries
r the wncrs f all pr pertics t be served by thc new r adway sign an irrcvocablc agrccmcnt, binding n
thcir success rs and assigns, t be annexed whenever thc pr perty bee mcs eligible f r annexati n in a
f rm appr ved by the City. F r the purp scs f this sccti n, the term "new r adway" shall mean the
r adway which will bc c nncctcd t an existing City strcct. The City Administrat r is hcrcby auth rizcd
t ncg tiatc and cxccutc n behalf f the City thc agreements callcd f r in this sccti n s 1 ng as the City
is n t thereby bligatcd in an am unt n any nc agreement in excess f $25,000.
( rd. N . 13881, § 3, 5-16-2005)
Sec. 32-14. Pedestrian c ntr 1 signs.
Whenever special pc cstrian c ntr 1 signals cxhi iting the w rds "Walk" r " n't Walk", r
a pr priatc sym is f a walking pers n r upraiscd han arc in place, such signals shall indic tc s
follows:
A. "Walk" r symb 1 f a walking pers n, pedestrians facing such signal may pr coed acr ss the
r adway in thc dirccti n f thc signal nd shall be given the right -of way y the drivers f all
vehicles;
B. "D n't Walk" r sym 1 f an upraiscd hand, n pedestrian shall start t cr ss thc r adway in
the irccti n f such sign 1, ut any pedestrian wh h s p rti ily c mpletc his cr ssing n the
w lk sign 1 sh 11 pr cccd t a sidewalk r safety z nc while thc w it sign 1 is sh wing;
C. Flashing "D n't Walk" r flashing symbol f an upraiscd hand, n pedestrian shall start t cr ss
the r adw y in thc dirccti n f such sign 1, ut ny pedestrian wh h s artially c mplctcd this
cr ssing n the "W lk" r sym 1 f walking pers n signal shall pr ccd t a sidewalk r
safcty island while thc flashing -"D n't Walk" signal r flashing symb 1 f an upraiscd hand is
showing.
(Ord. No. 14651, § 1, 3 15 2010)
Sccs. 32-15 32-23. - Reserved.
ARTICLE II. PUBLIC IMPROVEMENT CONTRACTS AND PROCEDURES IN GENERAL
DIVISION 1. GENERALLY
Sec. 32 21. Construction contracts and bonds.
Every contract for any work contemplated in this chapter shall state that the work shall be done
under the supervision of the Director of Public Works, and in accordance with the provisions of this Code
and other ordinances covering such work and the plans and specifications therefor. The contract shall be
work shall be made. When the payment is to be made in special tax bills, the contract shall stipulate that
the City shall under no circumstances be liable to pay for the work, except by special tax bills. The
much as the estimated cost of the work, conditioned that the contractor shall faithfully perform all the
conditions and obligations of the contract and that, in the doing of the work, the contractor will comply
with the laws of the State and this Code and other ordinances of the City relative thereto, and save the
City harmless from all damages that may be caused to persons or property by the contractor in the doing
of the work, and that the contractor shall pay for all labor and materials employed or used in the work
provided for in such contract. The contractor shall not be permitted to perform any part of the work until
other ordinance providing for any street improvement provides that the contractor shall guarantee that the
work will last for a definite period of time, and that such work shall be kept in repair, the contractor shall
requirements of such provision of this Code or other ordinance with reference to maintenance. All
contracts and bonds shall be prepared by the City Counselor and, after being executed, must be submitted
contract, in accordance with the demands of the Council, shall be immediately prepared by the City
Counselor in lieu of the one which has been disapproved. Contracts or bonds may be approved by the
Council by motion duly adopted.
(Code 1977, § 33 33; Ord. No. 13301, 11 5 2001)
Sec. 32 25. Contractors to carry liability insurance.
Contractors who do work for the City shall be required to take out or carry liability insurance in
(Code 1977, § 33 31)
State Law reference The Workers' Compensation Law, RSMo ch. 287.
Sec. 32 26. Contractor to pay for City engineering services.
A. Whenever the Council shall let a contract for public work under competitive bidding, the successful
bidder shall pay to the City Clerk the following sums or amounts for engineering services performed
by the Department of Public Works.
1. A contract for street improvements, street repairs or reconstruction work, two percent of the
amount of the bid.
2. Upon a contract for the continuation, building, repair, reinforcement or construction of a sewer,
3. Upon contracts for all other public works for which services have been performed by the
Department of Public Works, two percent of the amount of the bid.
B. The amount specified in subsection A of this section shall be paid to the City Clerk before the tax
bills are issued or any money paid by the City to the contractor for the work done. No tax bills shall
be delivered to the contractor, and no money shall be paid to the contractor, until the entire amount
due under such contract for engineering services shall have been paid to the City Clerk.
(Code 1977, § 33 35; Ord. No. 13301, 11 5 2001)
Secs. 32 27 32 37. Reserved.
DIVISION 2. mom. I ^ ".4:aESSMENTS�
Footnotes:
(2)
State Law references Special assessments generally, RSMo § 88.507 et seq.
Sec. 32 38. Meth d f c mputati n.
e • of • 1R of tisReet.ion, 414e a y
pr vidcd f r by articles III r IV f this chapter that is madc r d nc by c ntract r by thc Direct r f
Pu lic W rks acting f r thc City shall be levied as a special assessment against thc 1 t, tract r parcel
f 1 nd 1 ng, utting and in fr nt f such impr vement. The c st f pr aches, as efinc in
sccti n 32 99, shall bc levied as a special assessment . _. - . - - - _ - . - - _ - - _ _ -
appr chc but nd c nncct. The c st f gr ding, paving r m cad mizing thc s u rcs nd areas s
f rmcd by thc cr ssing r meeting f strccts, avenues r alleys, r parts there f r c nnccti rrs
int parts r p rti ns by lines drawn lengthwise al ng thc middle f cach street, avenue r part
assessment against thc bl ck r square c ntigu us t each an pr rated, in pr p rti n t thc fr nt
feet, against thc 1 is r pieces f gr and in such 1 ck r s uarc fr nting r abutting n each f such
B. If the City C uncil, by thc rdinance auth rizing and directing such impr vcments t bc madc, shall
pr vide that all r any porti n f such impr vcments shall be paid f r in whole r in part ut f the
general revenue funds r thcr fun s which thc City has available f r such pu scs, my such
rti n f such impr vcments shall be pail f r through the issuance f special assessments as is
s ccific in thc r inancc uth rizing n dirccting thc im r vcmcnts t c m c.
(C c 1977, , 33 37; rd. N . 133 1, 11 5 2 1)
Scc. 32 39. Direct r f Public W rks t make rep rt; assessment; issuancc f tax bills.
Up n thc c mplcti n f any sidcwalk r strcct impr vcmcnts, r ny impr vcmcnt c ntcmplatcd in
this chaptcr, whether made and d nc by c ntract r by thc Dircct r f Public W rks acting f r thc City as
hcrcin pr vidcd, in acc rdancc with the plans and spccificati ns and c ntract f r such impr vcmcnts and
acc rding t thc plans and specific ti ns thcrcf r if thc w rk was d nc y thc Dircct r f Pu lic W rks
acting f r thc City, as hcrcin pr vi cd, thc Dircct r f Pu lic W rks shall c mputc thc c st there f an
app rti n such c st am ng thc vari us tracts and parcels f land changeable thcrcwith, charging cach tract
f land with its pr rti nate art f the c st as re uircd y 1 w. The ircct r f Pu lic W rks sh 11 make
a writtcn rcp rt t thc City C uncil that such im r vcmcnt h s ccn c mplctcd in acc rd ncc with the
c ntract f r such impr vcmcnt, and if thc w rk has been d nc by the Dircct r f Public W rks acting f r
the City, as hcrcin pr vidcd, rcports that such w rk has bccn d nc acc rding t plans and spccificati ns
thcrcf r, which rcp rt shall c ntain a written cscri ti n f each tr ct nd p rccl f lan ch rgca lc with
part f the c st f such impr vcmcnt, the am unt with which it is chargeable and the name f the wncr
there f. If the C uncil accepts thc w rk and appr ves such rcp rt, it shall, by rdinancc, levy and asscs&
thc c st f the w rk ag inst thc vari us 1 ts, tr cts an p reels flan with its r p rti nate rt f the
c st f such w rk in acc rdancc with the 1 w rcl tivc t such ch rgcs, n sh 11 ircct the City Clerk t
issue special tax bills in acc rdancc with such rdinancc.
(C c1977,§3338; rd.N .133 1,1152 1)
Scc. 32-40. - Special tax bills C ntents.
All special tax bills issucd t pay f r sidcwalks, street impr vcmcnts r any w rk r impr vcmcnt
c ntcmpl tcd in this article sh 11 c issucd as pr vi cd f r in ch ptcr 1 f the City C c.
(C dc 1977, § 33-39; rd. N . 13301, 11-5-2001; rd. 14977, § 2, 5-21-2012)
Scc. 32 '11. Special tax bills Methods of p: - _ .
Any special t:- - - : - _ : - . _.:.- r z.:: 3 : _ : - - - - - - , : - -
thc City C de.
(C c 1977, § 33-10; rd. 14977, § 3, 5 21 2012)
Scc. 32-42. - Spccial tax bills Rcc rds.
The City Clcrk shall, n c mpleti n f all special tax bills hcrcinaftcr issucd as pr vidcd by sccti ns
32-40 and 32-41 rcc rd the bill as pr vidcd in chaptcr 1 f the City C de.
(C de 1977, § 33 41; rd. 14977, § 4, 5 21 2012)
Secs. 32-43 32-53. - Reserved.
ARTICLE III. - STREET IMPROVEMENTS
DIVISION 1. - GENERALLY
Sec. 32-10. — Construction Standards
The Public Works Director is authorized to promulgate the Standard Construction Drawings and the
Technical Specifications for the City of Jefferson and to update said drawings and specifications as
deemed necessary.
All construction within the public right of way, and any construction which will be turned over for public
maintenance, shall adhere to the standard details contained in the City of Jefferson Standard Construction
Drawings and Technical Specifications of the City of Jefferson.
Sec. 32 51. Construction material specifications.
The materials used in the construction of concrete paving, sidewalks, curbs and gutters, in addition to
the requirements set out in the ordinances effecting the respective improvements, shall conform to the
following regulations:
A. The cement shall meet the requirements of the standard specifications for Portland cement,
length of time to permit the inspection and testing. The Department of Public Works shall be
notified of the receipt of each shipment of cement.
B. Fine aggregate shall consist of sand or screenings from clean, hard, durable crushed rock or
gravel consisting of quartzite grains or other equally hard material graded from fine to coarse,
openings. It shall be clean, hard, and free from dust, loam, vegetable or other deleterious matter.
more than three percent of clay or loam shall be washed before using. Fine aggregate shall be of
Such quality that the mortar composed of one percent Portland Cement and three parts fine
the strength of one to three mortar of the same consistency made with the same cement and
Standard Ottawa sand. In no case shall fine aggregate containing frost or lumps of frozen
material be used.
C. Coarse aggregate shall consist of clean, hard, durable crushed rock or washed gravel, graded
free from dust, loam, vegetable or other deleterious matter, and shall contain no soft, flat or
elongated particles. The size of coarse aggregate shall be such as to pass a one and one half
inch round opening and be retained on a screen having one quarter inch openings. In no case
shall coarse aggregate containing frost or lumps of frozen material be used.
D. Natural mixed aggregate shall not be used as it comes from deposits but shall be screened and
used as specified.
E. Water shall be clean, free from oil, acid, alkali or vegetable matter.
F. Concrete pavements 20 feet or more in width shall be reinforced with metal fabrics. All
reinforcements shall be free from excessive rust, scale, paint or coating of any character which
not less than 70,000 pounds per square inch and bend to 180 degrees around one diameter and
straighten without fracture.
(Code 1977, § 33 16; Ord. No. 13301, 11 5 2001; Ord. 11977, § 5, 5 21 2012)
Secs. 32 55 32 66. Reserved.
DIVISION 2. - COUNCIL RESOLUTION, ETC.
Sec. 32 6711. - Generally.
When the City Council shall deem it necessary to pave, macadamize, gutter, curb, grade, oil or
otherwise improve the roadway of any street, avenue or alley or other highway, or any part thereof, or to
repave or reconstruct the same, for which a special tax is to be levied as provided in this article, the
Council shall, by resolution, declare such work or improvement necessary to be done, and shall cause
plans and specifications for such work and improvement, together with an estimate of the cost thereof, to
be prepared by the Director of Public Works and filed with the City Clerk, subject to the inspection of the
public, and shall cause such resolution to be published in the newspaper doing the City printing, for two
consecutive insertions in a weekly paper or seven consecutive insertions in a daily paper. If a majority of
the resident owners of property liable to taxation therefor at the date of the passage of such resolution,
who shall own a majority of the front feet owned by residents of the City abutting on the street, avenue or
alley proposed to be improved, shall not, within ten days thereafter, file with the City Clerk their protest
against such improvements, the City Council may, by ordinance, provide for the making or construction
of such improvements and shall have the power to cause a contract to be left for such work or
improvements.
(Code 1977, § 33-13; Ord. No. 13301, 11-5-2001)
State Law reference— Similar provisions, RSMo § 88.520.
Sec. 32-6412. - Streets, etc., not more than 1,200 feet in length.
A. When the City shall deem it necessary to pave, macadamize, gutter, curb, grade or otherwise
improve the roadway of any street, avenue or other highway not more than 1,200 feet in length, so as
to connect with paved, macadamized, curbed, graded or improved streets at both ends on the same or
other streets, the Council shall, by resolution, declare such work necessary to be done and shall cause
such proceedings to be had as in section 32 6711; except, that no protest may be filed. The resolution
shall be passed and published as provided for other resolutions in this article and shall state the fact
that anyone desiring to do so may appear before the Council, at the place and at a time certain
specified in such resolution, and be heard on the question of the necessity of the work sought to be
done. At such time and place the Council shall convene in regular or adjourned session and hear
anyone who desires to be heard on such question and shall thereafter by resolution state the result of
such hearing to be a reaffirmation of the necessity for the doing of such work or the contrary, as the
fact may be. If no one appears or the Council reaffirms the necessity of the doing of such work, the
Council shall proceed under the terms of sections 32 67 11 and 32 69 in the same manner as is
therein provided when the abutting resident owners fail to file a sufficient protest. The work shall be
done in the same manner and constructed of the same materials as one or both of the improvements
on the streets, avenues or highways to be connected, and only such work may be done as will
connect similar work on such streets, avenues or highways.
_B. Subsection A shall not apply to any extension of West McCarty Street to be made over, upon or
through Lot Number 7 of Vista Place Addition, and for any such extension of West McCarty Street
over or through such lot, and the improvement thereof, the City Council shall proceed under the
liable to taxation therefor.
(Code 1977, § 33-14)
Sec. 32 69. Advertising for and receiving bids; awarding contracts.
When the City Council shall enact an ordinance providing for the malting of any of the
improvements mentioned in sections 32 67 and 32 68, the City Clerk, unless otherwise directed by the
Council, shall immediately thereafter advertise for bids for the doing of the work in the newspaper doing
the City printing. Such advertisement shall be published for at least one week and shall bricfly state the
kind of work to be done, the time within which bids will be received, how payment will be made and
when and where the bids will be opened. The Clerk shall require that each bidder accompany his bid with
a certified check on some City bank, or cash, in an amount deemed sufficient by the City Council, upon
recommendation by the Director of Public Works, to guarantee that he will execute a contract with the
City for the doing of the work, if the contract is awarded to him. In the advertisement for bids the Clerk
by him in the presence of the Council at the first meeting of the Council after the receipt of the bids,
unless otherwise ordered by the Council. The Council shall have the power to reject all bids deemed
unsatisfactory or where the bids for the work are above the estimated cost. In all cases where no bids are
received, upon advertisement therefor, or where those received are rejected, the Clerk shall immediately
readvertise for bids, unless otherwise directed by the Council. All such contracts shall be awarded to the
lowest and best bidder. The acceptance of a bid shall be construed as the awarding of the contract. Any
bid may be accepted and contract awarded by motion duly adopted by the Council.
(Code 1977, § 33 15; Ord. No. 13301, 11 5 2001)
State Law reference Bids and awarding contracts, RSMo § 88.520.
Secs. 32-13 — 32-19. Reserved Secs. 32 70 32 80. Reserved.
ARTICLE FVIII. - CONSTRUCTION OF SIDEWALKS, CURBS, ETC.
DIVISION 1. - GENERALLY
Sec. 32-20. Sidewalks. Sec. 32 81. Width and grade.
All sidewalks to be constructed in the City on right of way, easement, or on private property to serve
the general public shall be constructed and installed in compliance with the Standard Construction
Drawings and Technical Specifications promulgated by the Director of Public Works. "h ati be at east
four feet wide on local streets and at least five feet wide on all other streets, except as may be otherwise
provided by this Code or by other ordinances, and have a cross slope no more than two percent or one
fourth inch to the foot.
(Code 1977, § 33-27; Ord. No. 12980, § 2, 9-20-99)
Sec. 32 82. Construction and material specifications Sidewalks.
All sidewalks in the City shall be constructed and installed in compliance with City specifications
and design standards promulgated by the Director of Public Works. Concrete sidewalks shall be not less
conform to the six sacks of cement per cubic yard of the concrete design mix on file with the Department
of Public Works.
(Code 1977, § 33 28; Ord. No. 13301, 11 5 2001)
Sec. 32 8321. Construction and material specifications Curbs and gutters.
All curbing and guttering in the City shall be constructed and installed in compliance with the
standard construction drawings promulgated by the Director of of concrete. Curb and gutter shall not be
less than six inches thick and shall be 30 inches wide, including the six inch vertical curb. Contraction
joints shall be installed every ten feet. Concrete for curb and gutter shall conform to the 6.5 sacks of
cement per cubic yard of concrete design mix on file with the Department of Public Works.
(Code 1977, § 33-29; Ord. No. 13301, 11-5-2001)
Sec. 324422. - Supervision by City; construction and repair to be at property owner's expense.
All sidewalks constructed in the City shall be constructed under the supervision and direction of the
Director of Public Works.
(Code 1977, § 33-30; Ord. No. 13301, 11-5-2001)
Sec. 32 8523. - Removing stakes or laying sidewalk on improper grade.
Any person in the City who shall remove or otherwise interfere with the stakes or other markers set
by the Director of Public Works to designate the grade for a sidewalk, curb, gutter or other street
improvement, or any person who shall construct or cause to be constructed in the City a sidewalk, curb or
gutter on a grade other than the grade previously designated by the Director of Public Works, shall be
deemed guilty of an offence. a misdemeanor.
(Code 1977, § 33-32; Ord. No. 12939, § 1, 6-21-99; Ord. No. 13301, 11-5-2001)
Secs. 32-8424-32-9729. - Reserved.
DIVISION 2. - DUTIES AND RESPONSIBILITIES OF PROPERTY OWNERS
Sec. 32-9g30. - Generally.
It is hereby made the duty of every property owner having property abutting on a public street to
place and maintain a good and sufficient sidewalk and curb along such street and abutting the property,
when and as directed by the Director of Public Works in conformity with policies and procedures
approved by the City Council. The Director shall require sidewalks to be constructed or repaired when
any of the following conditions exist:
41. When a safety hazard exists
-1-2. Claim for injuries due to condition of sidewalks;
3. Need to connect to existing sidewalks;
1. When safety hazard exists as documented by pedestrian accidents;
54. When an ordinance requires construction.
Corner lots shall be liable for the extension of curbs and sidewalks to the curb line each way. Only
such sidewalks as are described in this article shall be placed in the City.
(Code 1977, § 33-18; Ord. No. 12939, § 2, 6-21-99; Ord. No. 13301, 11-5-2001)
Sec. 32-9931. - Duty to construct, repair, etc.
A. The owner of any lot or tract of land within the City shall build and construct, rebuild or reconstruct
and repair the sidewalk lying along and adjacent to his property, and such property owner shall
grade, fill and park that portion of the street lying between the property line and the street curb line,
and build approaches. The term "approaches" shall be understood to mean the extension of sidewalks
at corner lots, from the property line each way to the street curb line, being in fact the connection
across the parkway or intervening space between the corner of the property and the crossing in the
street including the construction of accessible ramps.
B. Any such owner of any lot or tract of land within the City who, after having been duly notified in
writing by the delivery by the Director of Public Works to such property owner of a written order
directing such property owner to build or construct, rebuild or reconstruct or repair the sidewalk
lying along and adjacent to his property, or grade, fill or park that portion of the street adjacent to his
property and lying between the property line and the street curb line, shall fail, neglect or refuse to
comply with the terms of such written order within 30 days from the delivery thereof shall be
deemed guilty of an offence. a misdemeanor.
(Code 1977, § 33-19; Ord. No. 13301, 11-5-2001)
Sec. 32-44032. - Construction, repair, etc., under private contracts.
In any case where the Council desires to permit property owners to construct or repair sidewalks or
to grade and park that portion of the street lying between the property line and the street curb line, under
private contracts, the Council shall by resolution provide that sidewalks shall be constructed or that
portion of the street lying between the property line and the street curb line shall be graded and parked
upon any street specified, and that the property owners shall be allowed 30 days from the date of adoption
of the resolution to construct such sidewalks or to grade and fill the parking herein described, under
private contract. By such resolution, the Depai tinent of Public Works shall be directed to prepare plans
and specifications for such improvements Immediately after the adoption of such resolution, the
Department of Public Works shall cause notice to be served upon the interested property owners of the
adoption of such resolution and the time within which they must contract for the construction of the
improvements named in such resolution.
(Code 1977, § 33-20; Ord. No. 13301, 11-5-2001)
Sec. 324433. Enactment of ordinance; filing of plans, specifications, etc.; advertisement for
bids.Construction by City
At the end of the time given property owners to construct or repair sidewalks that have be deemed
hazardous or defective, or to grade and park that portion of the street lying between the property line and
the street curb line under .rivate contract the ri • ht to so construct such im • rovements shall cease and
the City Council shall enact an ordinance providing for the construction or reconstruction of such
sidewalks, or for the grading or parking of that portion of the street lying between the property line and
the street curb line, to be paid for with special tax bills. Before the City Council shall enact an ordinance
rovidin for an im•rovement mentioned in this section the Director of Public Works shall have
prepared and filed with the City Clerk plans and specifications, and an estimate of the cost thereof, and
such plans and specifications and estimate of cost shall have been duly approved according to law. The
Director of Public Works shall keep an accurate record and account of the separate items thereof, and
make a written report thereof to the City Council, and the City Council shall pay for all labor and material
and all other costs of such work out of any funds the City may have available for such purpose.. The City
Clerk shall, unless otherwise directed by the Council, advertise for bids for the doing of such work in the
newspaper doing the official City printing. Such advertisement shall be published in at least one issue of a
weekly newspaper, or in at least two consecutive issues of a daily newspaper. The advertisement shall
state the amount of deposit required of each bidder. The kind, amount and condition of such deposit
required of such bidders shall be in accordance with the provisions of section 32 69.
(Code 1977, § 33-23; Ord. No. 13301, 11-5-2001)
Sec. 32 10134. - Maintenance, etc.
It shall be the duty of all persons owning or occupying any property in the City to keep in repair and
free from obstruction the sidewalk and gutters in front of such property. Any person violating the
provisions of this section shall be deemed guilty of a misdemeanoran offence.
(Code 1977, § 33-21)
Sec. 32 10335. - Sidewalks required.
A. No permit shall be issued for the reconstruction or construction of a new building, or a building
addition, or a new or expanded parking lot, unless a sidewalk exists adjacent to the property or unless
the plans for the building or parking lot provide for the construction of such a sidewalk. The
requirements of this section shall apply to reconstruction, cumulative building additions and parking
lot expansions following adoption of this ordinance, but shall not apply to the rehabilitation or
renovation of existing buildings or parking lots, or the construction of accessory buildings.
Applicants may request a deferral of the requirement to construct sidewalks in accordance with
paragraph C below provided however that the obligation of owners of tracts with street frontages of
350 linear feet or more shall be limited to either (1) expending at least 5% of the total project cost
(i.e., site development and building costs) toward public sidewalks; or (2) constructing at least 50
linear feet of sidewalk, whichever is greater in cost, with the remaining obligation deferred. For this
purpose, project costs shall be estimated using the R.S. Means construction cost data services. In the
event that the application of this subsection A of this section would result in the construction of a
sidewalk which is too short to have any practical use, the Director may reduce or eliminate the
requirement, or extend the requirement to such an extent that a practical sidewalk can be built.
B. Sidewalks shall be constructed in new minor subdivisions, as defined by chapter 33, Subdivision
Code.
C. Sidewalk deferral, application.
1. Any property owner required to construct sidewalks under the provisions of subsections A and
B, above, may request a deferral of the requirement to construct sidewalks in accordance with
this subparagraph C.
2. Upon application by the owner, the Director of Planning and Protective Services (referred to
hereinafter in this chapter as "Director") may approve a deferral of sidewalks otherwise required
by subsections A and B above, as provided herein.
a. Applications for sidewalk deferral shall be completed on forms prescribed by the Director
at the time of submittal of the site plan, when site plan approval is required, or if no site
plan is required, with the building permit application. A copy of an application for a
sidewalk deferral shall be provided to each member of the City Council immediately upon
its submission.
b. A decision on the deferral will be made within ten days of application submittal. If the
Director fails to act on the application within ten days, the application will be deemed to
have been approved. The Director's decision will be transmitted, in writing, to the owner of
the property, to each member of the City Council, and lead project consultant, if
applicable. The Director shall be entitled to request additional information from the
applicant as well as to extend the time period for a decision with the consent of the
applicant.
c. Appeals of the decision of the Director's decision shall be governed by paragraph E.
3. Deferrals may be applied retroactively to developments previously required to construct
sidewalks, or to new developments, when the criteria for such deferral is met.
4. Sidewalk deferrals granted for one project or time frame do not guarantee that that sidewalk will
never be required in a specific location. A location may be included in an amended sidewalk
master plan or otherwise required to construct sidewalks, as the area develops, or as conditions
change.
5. If the City has adopted a sidewalk master plan and the location is shown on the sidewalk master
plan, at the time the application is submitted, as not having sidewalks required, no sidewalks
shall be required and no deferral shall be necessary, provided that if no plan has been adopted
then all areas shall be considered to have been designated as having sidewalks required.
6. Deferrals shall be granted when the Director finds that the location is designated to have
sidewalks in the sidewalk master plan and one or more of the following conditions exist:
a. The City has plans to construct sidewalks to serve the development, or plans to widen or
reconstruct the adjacent street which would require replacement of the sidewalk within five
years of the application for waiver deferral; or
b. No curbs and gutters exist, and it is impossible to a reasonable degree of certainty to
accurately predict the line and grade of future curbs and gutters; or
c. The location is within an area zoned industrial and there currently are no sidewalks or
pedestrian generators in the area, or
d. An engineering analysis accepted by the Director demonstrates the terrain or other natural
or geographic features of the location are such that it is not reasonable to construct
sidewalks; or
e. An engineering analysis accepted by the Director demonstrates an alternate pedestrian way
within the site provides an acceptable alternative; or
f. The development is proposed as very low residential density, consisting of single family
dwellings on lots of one acre of more, provided such lots have street frontages of 350 feet
or more; or
g. The frontage is along (i) a State or federally designated route with a permitted speed in
excess of 49 mph or (ii) a local street with a permitted speed in excess of 49 mph.
h. The development was required to construct sidewalks under the terms of previously
had instead occurred at the time the present application was made.
hi. If the requirement of constructing a sidewalk as provided in this section would cause a
property to lose all value, or construction of a sidewalk will make the property unusable for
any practical purpose, or if the construction of a sidewalk would create an unusual hardship
for the owner (that is a hardship which would not be incurred by similarly situated property
owners) the Director may, upon the consent of the Public Works and Planning Committee,
grant a deferral.
7. Procedures for, and effect of, deferral.
a. If a deferral is granted, the landowner shall not be required to install sidewalks at the
present time, but shall be required to install sidewalks within 12 months of notice from the
City that sidewalks are now to be constructed and that the deferral has been terminated.
b. Construction specifications shall be those applicable at the time the notice is issued.
c. If the landowner does not construct sidewalks within 12 months of the notice, the City shall
construct such sidewalk and shall bill the landowner for the full amount of the City's costs
in doing so. If the landowner fails to pay the bill within 60 days the amount owed shall
constitute a lien against the property.
d. If a deferral is granted, the owner may as a condition of the deferral be required to grade
the area in which the sidewalk would be located in preparation for a future sidewalk.
e. If a deferral is granted, the deferral shall be considered to run with the land and any
subsequent owner shall be entitled to rely on the same as well as assuming the same
obligation to construct a sidewalk when requested to do so as provided in this chapter. The
City Clerk shall record a notice, substantially similar to the noticed set forth below, with
the County Recorder for each deferral:
Notice of Deferral
The real estate described in this Notice of Deferral was granted a deferral of the sidewalk
requirements of the City of Jefferson, Missouri on , 20 . This deferral is subject
to the conditions set forth in the City Code and are subject to change from time to time.
The granting of a deferral of the sidewalk requirements is not a permanent waiver of
sidewalk requirements for this real estate and does not mean that the sidewalk requirements
will never be imposed for this real estate. This real estate may subsequently be included in
an amended Sidewalk Master Plan or otherwise required to construct sidewalks, as the area
develops, or as conditions change. The property affected is more particularly described as:
[set forth legal description here]
D. Appeal of Denial of Deferral.
1. The denial of a deferral by the Director may be appealed to the Planning and Zoning
Commission.
a. applicant aggrieved by the decision of the Director may file a written appeal to the
Planning and Zoning Commission, addressed to the City Clerk, within 10 days of the
decision of the Director;
b. Upon receipt of the appeal, the Planning and Zoning Commission shall schedule a hearing
on the appeal.
c. The burden of proof at the hearing shall be upon the applicant to show that the applicant is
eligible for the relief requested.
2. This decision of the Planning and Zoning Commission shall be final.
E. Major Subdivisions. The preceding subparagraphs notwithstanding, sidewalks shall be constructed
in new Major Subdivisions (as defined by Chapter 33 Subdivision Code) as follows, unless the
owner requests, the Planning and Zoning Commission reviews and the Council approves, a variance
under (1) or (2) below. For the purposes of this Chapter, the term "new Major Subdivision" shall
mean any subdivision approved by the Council after November 20, 2007.
1. When the Council determines in a Major subdivision that, through submission of an engineering
study that includes appropriate details such as cross-sections, grading plans, and requirements
for sidewalks because of the presence of unusual circumstances or conditions, including without
limitation, topographical conditions, and that the strict application of the requirements for
sidewalks would either prevent, or present a serious obstacle to the formation of a plat for the
reasonable use and development of land, the Council may permit the owner to vary from the
requirements for sidewalks or the location thereof.
2. The Council may permit a developer to vary from the requirement for sidewalks if the
Commission determines that an Alternate Pedestrian Way Plan submitted by the developer with
the preliminary plat provides adequate access throughout the subdivision. Such a plan must
provide a continuous system of paved walkways located within easements dedicated as
pedestrian ways. The Council may require such width not to exceed ten feet and such
illumination as may be appropriate to assure safety.
F. Construction Standards.
1. Sidewalks shall be constructed in accordance with the following street classifications. Street
classifications and location of sidewalks on local or cul-de-sac streets shall be determined by the
Director:
Street Type
Sidewalk Requirement
Sidewalk Width
Arterial
Both sides
5 feet
Collector
Both sides
5 feet
Local commercial or commercial cul-de-sac
Both sides
5 feet
Residential cul-de-sac or local street
One side
4 feet
2. Sidewalks shall be located a minimum of three feet from the back of the curb where possible, or
other location as approved by the Director.
3. Sidewalks shall be constructed in accordance with the latest edition of the City of Jefferson
Standard Construction Drawings on file in the Department of Planning and Protective
ServicesPublic Works.
G. Time for Construction
1. The developer shall install all sidewalks, as required by this section, or by the Council pursuant
to a variance as allowed by this section, not later than two years after the date when the abutting
street is accepted or not later than five years after the first building permit is issued, whichever
comes first; provided however, that the sidewalk for each lot within a subdivision shall be
completed and approved before an occupancy permit for a structure on the lot is issued.
2. No certificate of occupancy shall be issued for any building or parking lot for which a sidewalk
is required unless the sidewalk has been constructed or the property owner has provided a bond,
cash escrow or letter of credit or other instrument acceptable to the Director of Planning and
Protective Services guaranteeing construction of the sidewalk within not more than six months
of issuance of the certificate of occupancy.
H. Enforcement
1. If the sidewalks required by this section, or alternate paved walkways required by the Council
pursuant to a variance as allowed by this section, are not completed within two years from the
date abutting streets are accepted, or within five years after the first building permit is issued,
whichever comes first, the building official shall decline to issue any further permits of any type
to the developer in conjunction with the subdivision where the violation is occurring, or in
conjunction with any other activity at any location requiring permits by the building official,
until the violation is cured. In addition, the Council may impose a penalty on the developer, in
an amount not to exceed One Hundred Dollars ($100.00) per day for each day the violation
persists.
2. Cause the sidewalks to be completed at the City's expense, and may cause a special tax bill to
issue as to each lot within the subdivision for which the City has incurred the expense of
constructing sidewalks, in an amount of two times such expense incurred, together with the
amount of any penalties accrued under subsection a, above. Any special tax bill issued pursuant
to this subsection may be enforced in the same manner as a tax bill issued for the improvement
of a sidewalk within the City.
a. Other Recourse. Nothing within this section shall impair the ability of the City or a
property owner to seek any other recourse against a developer for failing to install
sidewalks as required by this section.
(Ord. 13628, § 3, 10-6-2003; Ord. No. 14023, § 1, 3-20-2006; Ord. 14097, § 1, 10-2-2006; Ord. 14277, §
1, 11-19-2007; Ord. No. 14431, § 1, 11/17/2008; Ord. No. 14519, § 1, 4-20-2009; Ord. No. 14621, § 1,
12-21-2009; Ord. 14920, § 2-20-2012)
Sec. 32 10136. - Required sidewalk plan.
There is hereby adopted a required sidewalk plan, which shall serve as the sidewalk master plan
referred to in this article, said plan being attached to this chapter as appendix 32-A.
(Ord. No. 14637, § 1, 2-1-2010)
Secs. 32 10537-32-4-1-249. Reserved.
DIVISION 3. CONSTRUCTION, ETC., BY CITYSIDEWALK REPAIR PROGRAM
Scc. 32 113. En ctmcnt f rdinancc; filing f plans, specific ti ns, etc.; advcrtiscmcnt f r i s.
At the end f thc time given pr perty wncrs t c nstruct r rcpair sidewalks r t grade and park
that p rti n f the strcct lying ctwccn the pr perty linc and thc strcct curb linc, under private c ntract,
thc right t s c nstruct such impr vcmcnts shall ccasc, and thc City C uncil shall enact an rdin nco
pr viding f r the c nstructi n r rec nstructi o f such sidewalks, r f r the grading r parking f that
p rti n f the strcct lying between thc pr perty linc and the strcct curb linc, t bc paid f r with special tax
ills. Bcf rc thc City C uncil shall cnact n r inancc pr viding f r any impr vcmcnt mcnti nc in this
sccti n, the Direct r f Pu lic W rks shall have prcparcd and filcd with the City Clerk plans and
spccificati ns, and an cstimatc f thc c st there f, and such plans and spccificati ns and cstimatc f c st
shall have ccn duly ppr vcd acc rding t 1 w. Thc City Clcrk shall, unlcss thcrwisc dircctc y the
C uncil, advertise f r ids f r thc ing f such w rk in thc ncwspaper d ing thc fficial City printing.
Such advcrtiscmcnt shall bc published in at lcast nc issue f a weekly newspaper, r in at least tw
consecutive issucs f a daily ncwspaper. The advcrtiscmcnt shall state thc am unt f deposit rcquircd f
cach biddcr. Thc kind, am unt and c nditi n f such dc sit rcquircd f such bi dcrs shall be in
acc rdancc with the pr visi ns f sccti n 32 69.
(Code 1977, § 33 23; Ord. N . 13301, 11 5 2001)
Sec. 32 111. Opening of bids; awarding of contract.
All bids received by the Clerk pursuant to scction 32 113 shall be opened in the presence of the
considered as the awarding of a contract. Any bid may be accepted and any contract may be awarded on a
motion duly adopted by the Council.
(Code 1977, § 33 21)
Sec. 32115. Repair.
Whenever any sidewalk is deemed to be in a defective condition or out of repair, the City Council
may, by ordinance, provide for the repairing of such sidewalk by the Director of Public Works, to be paid
for in special tax bills. Before the City Council shall enact an ordinance providing for the improvements
mentioned in this section, the Director of Public Works shall have prepared and filed with the City Clerk
plans and specifications and estimates of costs for such work. Such plans and specifications and estimate)
of costs shall have been duly approved according to law. The Director of Public Works shall keep an
accurate record and account of the separate items thereof, and make a written report thereof to the City
any funds the City may have available for such purpose.
(Code 1977, § 33 25; Ord. No. 13301, 11 5 2001)
Secs. 32 116 32 119. Reserved.
DIVISION 4. SIDEWALK REPAIR PROGRAM
Sec. 3242050. - Purpose.
The purpose of this section is to utilize available funding to maintain and repair a valuable part of the
City's transportation planinfrastructure, namely its sidewalks, without cost to the adjacent property
owners. This is meant to supplement and assist in maintenance and repair and not to replace any other
obligation found within this chapter.
(Ord. No. 14756, § 1, 12-20-2010)
Sec. 32 12151. - Sidewalk repair program funding.
Each year within the City's budget the City Council may shall approve funds for the repair of
existing sidewalks. a line item titled sidewalk repair program and such funds shall be used exclusively for
the repair of existing sidewalks. Additionally, each year the City Council shall identify what funds if any
shall be used from sales tax proceeds to be used for sidewalk repairs.
(Ord. No. 14756, § 1, 12-20-2010)
Sec. 32 12252. - Staff to identify sidewalks to be repaired.
Upon funding being identified, the City staff shall identify areas of sidewalks to be repaired utilizing
the funding identified by the City Council. City staff shall identify these sidewalks based upon the
condition of the sidewalk and use of said sidewalks. This sidewalks identified shall be submitted to the
City Council for approval or amendment.
(Ord. No. 14756, § 1, 12-20-2010)
Sec. 32 12353. - Approval by City Council.
The City Council shall by resolution, approve or amend the list of sidewalks submitted to the City
Council.
(Ord. No. 14756, § 1, 12-20-2010)
Sec. 32 121154. - Action by City staff.
Upon approval by the City Council, the City staff shall implement repairs in a timely fashion.
(Ord. No. 14756, § 1, 12-20-2010)
Sec. 32-12555. - No share required from property owner.
The adjacent property owner shall not be required to contribute to the cost of any repair funded from
the Sidewalk Repair Program.
(Ord. No. 14756, § 1, 12-20-2010)
Sec. 32-4-2-656. - Obligation to repair not negated.
Nothing in this division shall relieve the property owner from their obligation to maintain good and
sufficient sidewalk and curb.
(Ord. No. 14756, § 1, 12-20-2010)
Secs. 32-57 — 32-59. Reserved
DIVISION 4. - NEIGHBORHOOD IMPROVEMENT PROGRAM
Sec. 32 3360. - Purpose.
The purpose of this article is to provide encouragement and cooperation for the making of
imrovements to streets sidewalks and other infrastructure throu ' h a volunta . ro 'ram of citizen
participation in cost.
Sec. 32 3361. - Petition necessary.
For each project which may be eligible for inclusion in the City's neighborhood improvement project
(NIP), a petition shall be submitted by the owners of the requisite front footage as specified in this Article
by March 1 of each year for consideration for the following year's fiscal budget to the Director of Public
Works. Petitions shall be considered approved if the project is identified and funded in the following
year's budget. Petitions shall be considered denied if not funded in the following year's budget or
withdrawn by counter petition. Any denied petition shall not be carried over to the next budget year.
Sec. 32 3362. - Partici.ation re.uirement.
Property owners mapetition the City Council, on a form approved by the Director of Public Works,
to construct .ro'ects which involve the rebuildin of an curb and • tter or sidewalks for an entire
block, which shall be petitioned by greater than 75 percent of the owners of the front footage abutting the
proposed projects.
Sec. 32 3363. - Cost to applicant.
A. For each project included in the NIP and funded, the cost to each abutting property owner shall be
set by the City Administrator each year in appendix Y.
B. At least 75 percent of abutting property owners must agree to prepay the entire amount of their cost -
share prior to approval of the construction contract by the City Council or City Administrator.
C. Any party which fails to prepay the party's full cost -share of the project shall be charged an
additional 25 percent. Such person's share shall be placed as a lien against the property as part of a
tax bill pursuant to section 32-40, 32-41, and 32-42 of the City Code.
Sec. 32 3364. - Funding, criteria for project selection.
In determining which, if any, projects shall be funded the following criteria will be considered:
A. Funding available.
B. Number of properties affected.
C. Existing conditions.
D. Property share prepaid vs. tax bill.
E. Overall effect on area.
Sec. 32 3365. - Street lighting in improved subdivisions.
A. Where street lighting doesn't meet the minimum requirements of 33-9.E. Abutting property owners
may petition the City for street lighting. The Director of Public Works may approve street lighting
request, within budget constraints based on the following criteria.
1. Installation of the street lights will generally be at spacings no less than 250 feet (residential)
and 180 feet (commercial).
2. The spacing may be less than in A.1. at locations of abrupt horizontal or vertical grade changes
when needed for traffic safety.
3. The City may grant additional lighting on the basis of high concentration of pedestrian traffic
such as downtown, school areas serious traffic hazards, or high incidence of crime as
determined by the Chief of Police. The latter would not relieve the property owner of the
responsibility of security lighting.
B. Property owners requesting lighting would pay 25 percent (residential) and 50 percent (commercial)
for installation and the City would install and pay for maintenance and operation when installation is
approved.
C. Objections to the decision of the Director of Public Works with respect to placing of street lighting
can be appealed to the City Council within 30 days of the decision of the Director of Public Works.
(Ord. No. 12962,§ 1, 8-2-99; Ord. No. 13301, 11-5-2001, Ord. No. 14829,§ 193 8-1-2011; Ord. No.
14936, § 1, 3-19-2012; Ord. 14954, § 3, 5-7-2012)
Secs. 3243666-32-39-969. - Reserved.
ARTICLE IV. - EXCAVATIONS
DIVISION 1. - GENERALLY
Sec. 32 12770. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Arterial street. A roadway which is functionally classified as carrying traffic on cross town trips.
Roadways shall be so designated by the Director of Public Works.
Business hours. The hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, except City
holidays.
Director. Director of Public Works or a designated representative.
Disturbance of right-of-way. Any movement of earth, movement of existing facility, or placement of
new facility on right-of-way.
Nonbusiness hours. All periods of time other than business hours.
Public utility. Any utility engaged in the business of selling and supplying natural gas, electricity,
water, sanitary sewer, telephone, or cable television service.
Right-of-way. All land within the City dedicated or conveyed to the City for public use, or used by
the public, for streets, alleys, avenues, drives, boulevards or other public ways.
Roadway. Any street, alley, avenue, drive or boulevard or other public way within the City.
Unimproved right-of-way. Any right-of-way within the City lying outside of a roadway or upon
which there is no roadway.
(Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001)
Sec. 32 12871. - Permit required.
A. Except as provided in subsections B and C of this section, a person shall not disturb, excavate, or
cause a disturbance or excavation to be made in any roadway or right-of-way, without first obtaining
a permit from the Director. Should an excavation in an unimproved right-of-way require excavation
in an intersecting roadway, an additional permit shall be obtained for a roadway excavation.
Upon a failure in the facility of any public utility, necessitating immediate repair to prevent injury to
persons or property or to restore essential public utility service, a public utility may make
IB
excavations as necessary to remedy the failure, without first obtaining a permit. In such an
occurrence the excavator shall apply to the director for a permit before 12:00 noon the next business
day.
excavation necessary to remedy the failure, without first obtaining a permit.
C. A permit will not be required for installation of service lines to serve new home construction in the
unimproved right-of-way in newly developing subdivisions if the unimproved right-of-way is
adjacent to the property being served. In such cases, the surface of the unimproved right-of-way shall
be restored when the lawn is completed.
D. Once a permit has been closed, any additional work will require a new permit, and the base fee will
be charged again.
(Ord. No. 11955, § 1, 9-7-93)
Sec. 32-1-2972. - Permit application.
A. During normal business hours applications for permits shall be filed with the Director on forms
provided by the Director. The form shall provide appropriate spaces for the name, location and type
of surface construction of the roadway or right-of-way to be excavated, the estimated dimensions of
the area to be excavated, the estimated cost and the actual cost of the permit, the probable period of
excavation and such other information as may be required by the Director.
B. When an excavation is required in any roadway or right-of-way during nonbusiness hours to correct
a failure in any private utility or sanitary sewer service, the excavator shall apply to the Director for a
permit before 12:00 noon of the next business day.
C. Any public utility causing an excavation to be made under the provisions of subsection 32-12871.B
shall apply to the Director for an excavation permit before 12:00 noon of the next business day.
(Ord. No. 11955, § 1, 9-7-93)
Sec. 32 13073. - Permit fees, deposits, and issuance.
A. Upon receipt of an application for a permit required by this division, the Director shall compute and
subscribe thereon the estimated cost of the permit. Fees shall be as set forth in appendix Y.
1. On the unimproved portion of any right-of-way.
2. On roadways, a base charge.
3. On bituminous roadways, other than those with areas in excess of 100 square feet, a charge per
square foot of surface area if the permit holder chooses to have the Department of Public Works
replace the surface course.
4. The base fee for any roadway excavation permit and the flat fee for any unimproved right-of-
way permit shall be double the established rates if the application for permit is not made in
accordance with section 32-972.
5. For use of City owned plates to protect excavations from traffic.
6. For a bundle of 25 lathes to be used to display excavation permit cards at sites.
7. For resetting of street signs.
8. For repair of street signs, signal cables and other City facilities, a charge based on actual cost
for materials, equipment, and labor.
9. For completion of work not done in a timely manner, or correction of deficient work, a charge
based on actual costs of materials, equipment and labor.
a. Any person desiring to do the resurfacing work rather than having the City do such work,
shall pay only the minimum charge for the work being done.
B. Except as provided in subsection C of this section, the applicant shall deposit the amount of the
estimated cost of the permit payable to the City. The Director shall then issue the applicant a permit
and permit card authorizing the excavation described in the application.
C. A public utility or any other person, at the discretion of the Director, may deposit with the Finance
Department the sum of $1,000.00 in cash or certified check payable to the City and thereafter pay to
him on the first day of each month the actual cost of all permits previously issued to the public utility
or person for excavations which have been backfilled and completed since the first day of the
preceding month. In lieu of such cash or check, a corporate surety bond may be filed with the City
Clerk, to be approved by the Mayor, conditioned on performance by the applicant of this subsection.
D. The Director shall compute the actual cost of each permit by exact measurement of the excavated
area. If the estimated cost exceeds the actual cost of the permit, the overpayment shall be refunded or
credited to the next permit applied for, at the option of the permit holder. If the estimated cost is less
than the actual cost of the pennnit, the applicant shall be billed for the additional amount, which shall
then be due and payable.
E. The Director shall not issue a permit to:
1. Any person indebted to the City for a previous permit under any provision of this article.
2. Any public utility failing to comply with the provisions of subsection C of this section.
3. Any person or public utility for a period of one year, when the person or public utility has been
convicted of two or more separate violations of any of the provisions of this article within a
period of 24 consecutive months. Such period of one year shall commence on the date of the
second conviction.
(Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001; Ord. 14272, § 10, 10-15-2007)
Sec. 32 13174. - Display of permit.
Each excavation permit shall be in the possession of a person present at the excavation area during
normal business hours, and each permit card shall be displayed publicly at the excavation area.
(Ord. No. 11955, § 1, 9-7-93)
Sec. 32 13275. - Permit records.
The Director shall keep an accurate and complete record of all street excavation permits and index
such permits by street location.
(Ord. No. 11955, § 1, 9-7-93)
I Sec. 32 13376. - Continuity of work.
Every excavation shall be performed in a continuous operation, during normal working hours on
consecutive working days on which suitable working conditions exist, from the time of initial excavation
to the completion of backfilling, pavement repair, and/or seeding. The permit holder shall be responsible
for the timeliness and quality of the completed work.
(Ord. No. 11955, § 1, 9-7-93)
Sec. 32-13177. - General procedures for performing.
A. All excavations in any right-of-way or and roadway in the City shall conform to the description and
details contained in the City of Jefferson Standard Construction Drawings and Technical
Specifications. be made in the following manner:
1. Location of new facilities to be constructed on right of way shall be approved by the Director prior
to advertising for bids on work to be contracted. No new facilities shall be constructed under
for excavations paralleling curbs outside of roadways shall be kept a minimum of three feet from thc
back of curb.
2. Whenever excavation is performed within 800 feet of a traffic signal, the permit holder shall contact
the street division of the Public Works Department for location of facilities in the area.
3. The permit holder shall notify the Director of the time the excavation is to be commenced at least
two hours before commencement of excavation.
/I. For work involving closing a roadway to traffic, five working days' notice shall be required. The
Director may require that street closings be advertised by the permit holder. If the work involved is
due to a need for immediate repair or other good cause, the Director may reduce or waive the
required notice. No roadway shall be closed to traffic without prior approval of the Director. When
conditions warrant closing a street to traffic, the permit holder shall notify the communications
division of the Police Department of the time the roadway will be closed and at the time the roadway
is reopened to traffic.
5. The permit holder shall provide, erect and maintain such barricades, signs, flags, torches, lanterns or
lighting at the excavation area as may be required by the most recent edition of the Manual on
Uniform Traffic Control Devices.
B. All excavations in any roadway shall conform with the following additional procedures:
third of the pavement thickness by use of a power driven concrete saw to obtain a smooth and square
cut. If an excavation is made in a roadway with a surface deficiency, the pavement removal shall be
pavement, the City shall perform this operation or have this operation performed, and the cost
thereof shall be charged to the contractor.
2. Where surface exists, the roadway pavement shall be removed to a minimum width of six inches
beyond each edge of the excavated trench or arca except where a four to six inch trenching machine
is used. Where deemed necessary by the Director, a width of up to 12 inches beyond either edge may
be required.
3. In the event the entire width of a roadway is to be excavated, thc excavation and backfill shall be
completed within one half of the width of the roadway prior to any excavation commencing in the
remaining half of the roadway if practical as determined by the Director.
street.
5. For the three years following resurfacing of a roadway, no open cuts will be permitted on that
roadway for any work that could have been planned.
6. In the event an excavation crosses a curb or curb and gutter, the curb or curb and gutter must be
removed and replaced a minimum width of six inches beyond the edge of the underlying excavation.
void under the curb or curb and gutter, the entire width of curb or curb and gutter shall be removed
and replaced in accordance with the above guidelines. All curb and curb and gutter to be removed
and replaced shall be doweled to the existing curb or curb and gutter.
(Ord. No. 11955,
Sec. 32-13578. - Backfill procedures.
A. All excavations within any right-of-way or any roadway of the City shall be backfilled in
conformance with the description and details contained in the City of Jefferson Standard
Construction Drawings and Technical Specifications. the following manner:
1. Permit holder shall notify the Director of the time when backfilling is to be commenced at least two
9 7 93)
2. Backfilling shall be accomplished as quickly as good working practice permits, and an excavation
,hall not be left open and unfilled for a longer period of time than is deemed reasonable and
necessary by the Director.
3. Backfill of excavations in or within three feet of a roadway or proposed roadway shall meet the
requirements for roadway excavations.
�. Backfill of excavations under paved portions of the unimproved right of way shall be placed in lifts
not exceeding eight inches, and each lift shall be compacted with a flat plate tamper appropriate for
the material being used before any additional material is placed in the excavation. Crushed stone
aggregate shall be placed within three inches of the bottom of the pavement to be placed.
5. Excavations not in driveways, sidewalks, or roadways and not within three feet of a roadway shall be
backfilled in a manner that will minimize settlement of the backfill. The original backfill shall be left
flush with the adjacent area. It shall be the permit holder's responsibility to repair any settlement that
occurs within six months after placement of the original backfill. In addition, in areas that are seeded,
the permit holder shall be responsible for obtaining a stand of grass equal to or better than that of the
,urrounding yard area.
B. Backfill of roadway excavations shall have the following additional requirements:
area. Shot rock in compacted six inch lifts may be used to stabilize the bottom of excavations. The
excavation shall be backfilled with a crushed stone aggregate material having a maximum diameter
of one inch. Upon request, the Director may approve the use of excavated material for backfill.
2. All backfill material shall be placed in the excavation in lifts not exceeding eight inches. Each lift
shall be compacted with a flat plate tamper appropriate for the material being used before any
additional material is placed in the excavation.
3. Crushed stone aggregate shall be placed within one foot of the bottom of the pavement repair. The
aggregate shall be placed in a maximum of six inch lifts and compacted with a vibratory tamper
/I. Except as provided in this subsection, backfill of excavations, including the area of where additional
width of pavement was removed in paved roadways, shall be topped with an eight inch thickness of
At no point shall the concrete thickness vary more than one half inch from that specified. In traffic
lanes high early strength concrete, eight bags of concrete and four percent calcium per yard of
concrete, shall be used. In other areas a minimum of 61/2 bags of cement per yard of concrete shall be
used. All concrete shall be air entrained. In bituminous pavements, the top of the concrete pavement
shall be held 1'// inches below the top of the existing pavement. In Portland cement concrete
pavements, the concrete shall be made flush with the adjacent pavement. The concrete shall be
protected from traffic until it develops adequate strength and the asphalt surface course, if needed, is
placed. Plates to protect the excavation may be obtained at the street division of the Public Works
Department.
5. In bituminous pavements that are not classified as arterial, backfill of excavations that have a
minimum width of ten feet and a minimum length of 100 feet may be topped with asphalt base
course in lieu of concrete. The asphalt base course shall be seven inches in thickness, and shall meet
the standard specification for asphalt base. The asphalt shall be placed in two lifts by a self propelled
mechanical laydown machine. Each lift shall be compacted by a steel wheeled vibratory roller before
any additional material is placed on top of it. The top of the asphalt base shall be held 1'/2 inches
below the top of the existing pavement.
6. In bituminous pavements, surface restoration shall be a 11/2 inch compacted asphalt surface course.
Director.
7. No concrete pavement will be required over excavations in crushed stone roadways.
(Ord. No. 11955,
Sec. 32-1-3679. - Maintenance and resurfacing.
A. The permit holder shall maintain the excavation until the surface is restored and the permit is closed
out by the Director. This responsibility includes keeping the cut flush with the street at all times,
providing barricades as needed and keeping the cut square. In addition, the permit holder shall be
responsible for repair of any damage due to vandalism, accident, act of God or other means, and
shall perform all work necessary to prevent further damage.
B. The permit holder shall restore unimproved portions of any right-of-way with material identical to
that of the surrounding right-of-way surface.
C. The permit holder shall completely restore any excavation made in Portland cement concrete
pavements and any excavation in asphalt pavement in excess 100 square feet in surface area. The
Department of Public Works will restore the asphalt surface (not concrete base) in bituminous paved
surfaces of 100 square feet or less if desired and paid for by the permit holder.
9 7 93)
(Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001)
Secs. 32-13780-32-44989. - Reserved.
ARTICLE VI. - DRIVEWAYS AND CURB CUTS
DIVISION 1. - GENERALLY
Sec. 32-160. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Driveway. The surface area extending from the roadway surface across all or any portion of the
adjacent right-of-way.
Frontage. That portion of the right-of-way lying between lines drawn perpendicular from the
centerline of the roadway to the nearest exterior corners of the adjacent lot, tract or parcel of land.
Plans. The standard driveway plans, marked "Appendix C" to Ordinance 7438 on file in the office of
the City Clerk and expressly incorporated by reference into the provisions of this article.
Right-of-way. All land within the City dedicated or conveyed to the City for public use or used by
the public for streets, alleys, avenues, drives, boulevards or other public ways.
Roadway. Any street, alley, avenue, drive or boulevard or other public way within the City.
Specifications. The standard driveway specifications, as depicted in the current addition of the City
of Jefferson Standard Construction Drawings marked "Appendix B" to Ordinance 7138 on file in the
office of the City Clerk and expressly incorporated by reference into the provisions of this article.
(Code 1977, § 33-54)
Sec. 32 16191. - Plans and specifications adopted by reference.
The standard driveway specifications, as depicted in the current addition of the City of Jefferson
Standard Construction Drawingsmarked "Appendix B" to Ordinance No. 7438 and the standard driveway
plans, marked "Appendix C" to Ordinance No. 7438 both of which documents are on file in the office of
the City Clerk, are hereby adopted and expressly incorporated by reference into this chapter as the official
driveway plans and specifications for the City.
(Code 1977, § 33-55)
Sec. 32-92. - Standards of performance.
A. The standards of work for the construction, alteration or relocation of any driveway, or the cutting
and removal of any curb in any right-of-way are established as those appearing in the plans and
specifications adopted by section 32 16191.
B. Every person doing any work involving the construction, alteration or relocation of any driveway, or
the cutting and removal of any curb within any right-of-way, pursuant to a permit of the City, shall
perform the work in strict accordance with the established standards.
(Code 1977, § 33-60)
Sec. 32 16393. - Curb replacement where driveway no longer in use, etc.
Upon a determination by the Director of Public Works that any driveway constructed, altered or
relocated pursuant to a permit issued by the City is no longer necessary or used for the purpose mentioned
in the application, the Director of Public Works shall give written notice to the owner of the premises
adjacent to the frontage upon which the driveway is located to replace the curb across the entrance of the
driveway within 30 days from receipt of the notice, and the owner shall replace the curb as directed in the
notice.
(Code 1977, § 33-62; Ord. No. 13301, 11-5-2001)
Sec. 32-4-6494. - Driveway width.
A driveway constructed, altered or relocated to serve residential property shall not, without special
permission from the City Council, exceed 20 24 feet in width, except when a three vehicle garage faces
the street in which case the driveway width may be a maximum of 30 feet. A driveway constructed,
altered or relocated_ -to serve nonresidential (commercial, business or industrial) property shall not exceed
40 feet in width, unless the City Council, through the Department of Public Works, authorizes in writing
the construction of a driveway at a greater width.
(Code 1977, § 33-63; Ord. No. 13301, 11-5-2001)
Secs. 32-X95-32 17599. - Reserved.
DIVISION 2. - PERMIT
Sec. 3246100. - Required.
A. Subject to the provisions of subsection B of this section, no person shall construct, alter or relocate a
driveway, or cut and remove any curb within any right-of-way, without first filing an application
with, and securing a permit from, the Director of Public Works.
B. A permit shall not be required for a driveway when the curb is fashioned for a driveway entrance
and the driveway apron is constructed at the time the roadway is constructed.
(Code 1977, § 33-56; Ord. No. 13301, 11-5-2001)
Sec. 32-177101. - Application.
A. The form of the application shall be prescribed by the Public Works Department.
B. The original and two copies of the application shall be executed. The original application shall be
signed by the owners of the land described therein., and their signatures shall be acknowledged in the
Game manner as is required by law for instruments conveying title to real estate. If the applicant is
not the owner of the land described in the application, the original application shall bear the signature
of the applicant, and the signature shall be acknowledged in the same manner.
C. The executed application shall constitute an agreement between persons whose signatures appear
thereon and the City that such persons shall be obligated to, and will, perform all covenants, on their
part or the part of their heirs, grantees, assigns, personal representatives or successors, to be
performed.
(Code 1977, § 33-57; Ord. No. 13301, 11-5-2001)
Sec. 32 178102. - Fee and issuance.
A. There is hereby established a fee as set forth in appendix Y, for a curb cut or driveway permit,
which amount shall be paid to the Director of Public Works; provided, however, if any wedging is
necessary, this amount may be revised to include the minimum cost of the bituminous street cut
permit. The Finance Department shall endorse its receipt of the permit fee on the original and both
applicant.
B. The Director of Public Works shall Upon presentation of the original and one copy of the
application bearing the receipt of the Finance Department, the Director of Public Works shall keep
the original, attach the permit to the copy of the application and deliver such permit and application
to the applicant.
(Code 1977, § 33-58; Ord. No. 13301, 11-5-2001; Ord. 14272, § 10, 10-15-2007)
Sec. 32-4-7-9103. - Inspection and approval or disapproval of work; return or retention of security deposit.
The Director of Public Works shall inspect the work described in the application on the expiration
date of the permit. If the work has been completed and meets the established standards and the adjacent
roadway is in as good condition as existed before the work started, the Director of Public Works shall
endorse his approval of the work on the permit; otherwise, he shall note his disapproval of the work on
the original of the application.
(Code 1977, §§ 33-61(a); Ord. No. 13301, 11-5-2001)
Sec. 32 180104. - Records.
The Director of Public Works shall see that an accurate and complete record of all permits issued,
indexed by street locations, and all original applications for permits to construct, alter or relate a
driveway,, or to cut and remove any curbs are kept and maintained.
(Code 1977, § 33-59; Ord. No. 11904, § 4, 5-17-93; Ord. No. 13301, 11-5-2001)
Secs. 32 181105-32 191109. - Reserved.
ARTICLE VI. ANCILLARY USES
ARTIELE-VilDIVISION 1. - PARADES
Footnotes:
--- (3) ---
Cross reference— Funeral procession identification, § 19-302.
Sec. 32 192110. - Definitions.
As used in this article, the following terms shall mean as follows:
Parade. Any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any
similar display, in or upon any street, park or other public place in the City.
Parade permit. A permit as required by this article.
Sec. 32 193111. - Permit required.
No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall
have been obtained from the Chief of Police.
(Code 1977, § 23-135(a),(f))
Sec. 32-191112. - Permit application.
A. A person seeking issuance of a parade permit shall file an application with the Chief of Police not
less than seven days before the date on which it is proposed to conduct the parade on forms provided
by such officer.
B. The application for a parade permit shall set forth the following information:
1. The name, address and telephone number of the person seeking to conduct such parade.
2. The parade is proposed to be conducted for, on behalf of, or by an organization, the name,
address and telephone number of the headquarters of the organization, and of the authorized and
responsible heads of such organization.
3. The name, address and telephone number of the person who will be the parade chairman and
who will be responsible for its conduct.
4. The date when the parade is to be conducted.
5. The route to be traveled, the starting point and the termination point.
6. The approximate number of persons who, and animals and vehicles which, will constitute such
parade; the type of animals, and description of the vehicles.
7. The hours when such parade will start and terminate.
8. A statement as to whether the parade will occupy all or only a portion of the width of the streets
proposed to be traversed.
9. The location by streets of any assembly areas for such parade.
10. The time at which units of the parade will begin to assemble at any such assembly area or
areas.
11. The interval of space to be maintained between units of such parade.
12. If the parade is designed to be held by, and on behalf of or for, any person other than the
applicant, the applicant for such permit shall file with the Chief of Police a communication in
writing from the person proposing to hold the parade, authorizing the applicant to apply for the
permit on his behalf.
13 Any additional information which the Chief of Police shall find reasonably necessary to a fair
determination as to whether a permit should issue.
C. The Chief of Police, where good cause is shown therefor, and with the written approval of the
Mayor, shall have the authority to consider any application hereunder which is filed less than seven
days before the date such parade is proposed to be conducted.
(Code 1977, § 23-135(b))
Sec. 32 195113. - Standards for issuance.
The Chief of Police issue a permit as provided for hereunder when, from a consideration of the
application and from such other information as may otherwise be obtained, he finds that:
A. The conduct of the parade will not substantially interrupt the safe and orderly movement of
other traffic contiguous to its route.
B. The conduct of the parade will not require the diversion of so great a number of police officers
of this municipality to properly police the line of movement and the areas contiguous thereto as
to prevent normal police protection to this City.
C. The conduct of such parade will not require the diversion of so great a number of ambulances
as to prevent normal ambulance service to portions of this City other than that to be occupied by
the proposed line of march and areas contiguous thereto.
D. The concentration of persons, animals and vehicles at assembly points of the parade will not
unduly interfere with proper fire and police protection of, or ambulance service to, areas
contiguous to such assembly areas.
E. The conduct of such parade will not interfere with the movement of fire -fighting equipment en
route to a fire.
F. The conduct of the parade is not reasonably likely to cause injury to persons or property, to
provoke disorderly conduct or create a disturbance.
G. The parade is scheduled to move from its point of origin to its point of termination
expeditiously and without unreasonable delays en route.
H. The parade is not to be held for the sole purpose of advertising any product, cause, goods or
event and is not designed to be held purely for private profit.
(Code 1977, § 23-135(c))
Sec. 32 196114. - Notice of permit rejection.
If the Chief of Police disapproves the permit application, he shall mail to the applicant within three
days after the date upon which the application was filed, a notice of his action.
Sec. 32 197115. - Alternative permit.
The Chief of Police, in denying an application for a parade permit, shall be empowered to authorize
the conduct of the parade on a date, at a time, or over a route different from that named by the applicant.
An applicant desiring to accept an alternate permit shall, within two days after notice of the action of the
Chief of Police, file a written notice of acceptance with the Chief of Police. An alternate parade permit
shall conform to the requirements of, and shall have the effect of a parade permit under this article.
Sec. 32-19g116. - Contents of permit.
Each parade permit shall state the following information:
A. Starting time.
B. Minimum speed.
C. Maximum speed.
D. Maximum interval of space to be maintained between the units of the parade.
E. The portions of the streets to be traversed that may be occupied by the parade.
F. The maximum length of the permit in miles or fractions thereof.
G. Such other information as the Chief of Police shall find necessary to the enforcement of this
article.
Sec. 32 199117. - Possession of permit.
The parade chairman or other person heading or leading such activity shall carry the parade permit
upon his person during the conduct of the parade.
Sec. 32-200. - Compliance with law required.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable
laws and ordinances.
(Code 1977, § 23-135(g))
Sec. 32 201119. - Revocation of permit.
The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon
application of the standards for issuance as herein set forth.
Sec. 32-202120. - Obstruction, interference, etc.
Whenever the Chief of Police issues a permit under this article, no nonparticipant in such parade
shall obstruct or in any way interfere with the order of such march, parade or procession by any means
whatsoever.
(Code 1977, § 23-135(e))
Sec. 32-203121. - Exceptions.
This article shall not apply to:
A. Funeral processions.
B. Students going to and from school classes or participating in education activities, providing
such conduct is under the immediate direction and supervision of the proper school authorities.
C. A governmental agency acting within the scope of its functions.
Secs. 32 201122-32-201129. - Reserved.
DIVISION 2. SIDEWALK CAFES
Sec. 324130. - Sidewalk cafe permits.
The Department of Planning and Protective Services may issue a permit to use a City sidewalk,
pursuant to this section of the Code of the City of Jefferson, for a sidewalk cafe, subject to the following
conditions:
A. The permittee shall at all times comply with ordinances of the City of Jefferson, Missouri and
laws of the State of Missouri, as well as applicable rules and regulations pertaining to the
handling of food and the operation of a restaurant.
B. A permit shall be granted to permittee only in conjunction with an existing restaurant in an area
adjacent to such restaurant. A permit may be granted upon a determination that the operation of
the sidewalk cafe does not prevent the reasonable use of the City sidewalks by the public and
that it does not interfere with businesses in the area. The permittee shall limit the use of the
sidewalk to those activities that have been approved.
C. The permittee shall submit with the application a plan showing disposal procedures for litter,
which include procedures for keeping the area clean, and which shall include sweeping the
sidewalk every day the area is utilized by customers. The permittee shall make adequate
provision for the dis.osal of litter and shall maintain the •remises used for said sidewalk cafe
free of litter. Litter
enerated b
the sidewalk cafe o s eration shall be the res . onsibili
of the
permittee, and the permittee shall make reasonable provision to see that such litter does not
become a nuisance and is • ro . erl . icked u . from the . ublic wa s in and around the sidewalk
cafe. The City may require a bond or cash to guarantee that the area will be cleaned up. The
permittee shall have a trash receptacle provided by the business for use by the customers eating
outside or alternate plan approved by the City staff. In the event the permittee does not clean up
the area the Cit reserves its ri • ht to do the cleanin • itself and to char ' e the • ermittee for the
cost of the cleanup. This charge shall be a private debt against the permittee, and failure to pay
shall constitute cause to revoke or not renew the permit. The City may also revoke the permit
for failure to • ro . erl maintain and swee . the area identified on the • ermit includin ' • ublic
trash cans.
D. The permittee shall at all times maintain insurance in an amount not less than $500,000.00 to
protect the City from any liability which might arise from the activities in the area, in an amount
and form to be determined by the Law Department of the City of Jefferson, Missouri. Permittee
shall submit copies of said insurance to the Finance Department for approval prior to licensee
commencing the operation of the sidewalk cafe.
E. Before any work is performed on the sidewalk or other City property, the applicant shall submit
a written plan describing the work. No work shall be performed on City property until the
Director of Planning and Protective Services has authorized the same and a permit is issued by
the City to do the work. In no event shall the work exceed that which is described in the permit
as approved by the City.
F. The permittee shall remove all chairs and tables at the end of each working day, as well as all
other appurtenances, unless permission is otherwise granted in the license.
G. The permittee shall at all times maintain a four -foot throughway on the sidewalk for pedestrian
access.
H. The permittee shall agree to indemnify and hold harmless the City of Jefferson, Missouri with
respect to any claims that might be made, arising out of the operation of the sidewalk cafe. The
permittee shall accept the permit, subject to his own determination, concerning the authority of
the City of Jefferson, Missouri to grant said permit, and all risk with respect to whether or not
the City has said authority is upon permittee. The City makes no affirmative representations
concerning its authority to grant said permit.
I. In the event the permittee violates any of the conditions of this Article or conditions which are a
part of the permit, the Director of Planning and Protective Services shall have the authority to
suspend or revoke said permit or the license to operate a restaurant, pursuant to procedures set
forth in this Article. Permittee shall thereafter terminate the use of that area described in the
permit unless the City gives permittee an opportunity to correct said violation. This permit may
be terminated by either party upon fifteen (15) days' notice. Any person who violates this
section or the conditions of the permit shall also be subject to the penalties set forth in section 1-
13 of the Code of the City of Jefferson.
J. Permittee agrees to comply with all laws of the State of Missouri and ordinances of the City of
Jefferson in the operation of the sidewalk cafe.
K. The City shall cause a permit to be prepared, in accordance with the conditions set forth herein
and conditions established b the Director of Plannin • and Protective Services which • ermit
and conditions shall be accepted by the permittee.
L. The permit shall be issued annually on November 1.
M. The fee for such . ermit shall be set b the Cit Administrator in a endix Y.
(Ord. No. 13301, 11-5-2001; Ord. No. 15148, § 1. 8-19-2013)
Sec. 324131. - Extension of liquor license.
Notwithstandin • the other s rovisions of cha • ter 4 alcoholic bevera • es where a . ermittee holds a
liquor license for an existing restaurant, the license shall be deemed to extend to the premises of the
sidewalk cafe.
Sec. 324132. - Consumption of alcohol.
Notwithstanding the provisions of section 4-17 of chapter 4, alcoholic beverages, where a permittee
holds a liquor license for an existing restaurant, the consumption of intoxicating liquor shall be deemed to
be permitted on the premises of the sidewalk cafe provided, however, that such permission shall be
deemed suspended during such times as the applicable sidewalk is within or within 20 feet of an active
temporary outdoor consumption permit unless the license holder places a sign on each table located on
said sidewalk which states that no alcohol may be removed from the sidewalk cafe premises, and the
premises of the sidewalk cafe is cordoned off from the temporary outdoor consumption permitted area.
(Ord. No. 12798, § 1, 8-17-98; Ord. No. 14837, § 2, 8-15-2011)
Secs. 324133-32-301399. - Reserved.
DIVISION 3. DOWNTOWN ELECTRICAL SERVICE AREA
Sec. 32 500140. - Purpose and intent.
The purpose of this article is to provide for the permissive use of electrical power from the City's
electrical facilities located within the Downtown Electrical Service Area.
(Ord. 15763, § 1, 1-16-2018)
Sec. 32 501141. - Downtown Electrical Service Area established.
There is hereby established the Downtown Electrical Service Area, which includes Capitol Avenue
from Che Street to Adams Street. Hi • h Street from Washin • on Street to Adams Street and Madison
Street from Capitol Avenue to High Street.
(Ord. 15763§ 1, 1-16-2018)
Sec. 32402142. - Permit required.
No person shall access the electrical power facilities located within the Downtown Electrical Service
Area without first obtaining a permit from the Department of Public Works. If a permit is requested for an
event, then the event organizer shall apply for and receive the permit for electrical power access for all of
the event participants.
(Ord. 15763§ 1, 1 16-2018)
Sec. 32483143. - Permit fee.
The City Administrator shall establish the fee for the permit to access electrical power in the
Downtown Electrical Service Area as set forth in appendix Y.
(Ord. 15763 1. 1-16-2018)
Sec. 32-584144. - Permit duration.
The permit shall be valid for up to five consecutive calendar days. The permittee must obtain an
additional permit to use the electrical services for a duration longer than five days.
(Ord. 15763,E 1, 1 16-2018)
Sec. 32-505:145 - Usage Guidelines.
The Director of Public Works shall •romul
ate the
idelines and rules for the usa • e of electrical
power within the Downtown Electrical Service Area. Any user who misuses the system shall pay a
reimbursement fee to the City of $50.00 per hour incurred by City personnel to repair the system or the
actual charge of any contractor hired by the City to repair the system, whichever is greater.
(Ord. 15763§ 1, 1-16-2018)
Sec. 32 506146. - Tampering with electrical facilities prohibited.
No person shall damage, destroy, misuse, or tamper with the electrical facilities located within the
Downtown Electrical Service Area. A violation of this section is an ordinance violation punishable by a
fine of up to $1,000.00 or up to 180 days imprisonment, or both.
(Ord. 15763, § 1, 1-16-2018)
Secs. 32 507147-32-93159. - Reserved.
Division 4. BANNERS ON UTILITY POLES OR OVER STREETS
Sec. 32-600160. - Purpose.
The purpose of this section is to establish the practice and procedure for placement of banners on
utility poles or over streets within certain areas of the City of Jefferson.
Sec. 32-604161. - Practice.
The Department of Public Works, under the direction of the Director of the Department of Public
Works, shall be the lead department in the administration of this policy.
(Ord. 13600, § 3, 9-2-2003; Ord. 15098, § 1, 4-1-2013)
Sec. 32 602162. - Banners on utility poles.
A. Requests for overhead banner placement shall be submitted, in writing, to the Department of Public
Works not less than four weeks prior to the desired display period. Requesting organizations should
contact the Department of Public Works for an application form and instructions. The application
shall be accompanied with an installation fee as outlined in appendix Y. The installation fee will be
refunded should the application not be approved.
B. Banners may be installed for the benefit of non-profit organizations such as, but not limited to,
educational institutions (at high school level or higher), associations formed for the purposes of
business, and City boards or commissions.
C. For purposes of this policy, a "display period" shall consist of March 7 through August 14, August
15 through November 14, and November 15 through March 6.
D. A lications will be a. .roved on a first-come first-served basis exce.ted as stated hereinafter. The
..
date of receipt of the required fees shall constitute the application date.
E. All overhead banners shall be installed under the direction of the Depa't,uent of Public Works.
Re. uestin ' or ' anizations ma not install banners. Banners will not be installed until all permits, fees
and approvals are in place and the requesting organization has delivered the banner to the
Department of Public Works' administrative offices.
F. This program allows for inspection by the City of existing banners/brackets at an annual cost of
$10.00 per banner. Should the Director of Public Works determine that a banner needs to be replaced
or should the re. uestin ' or • anization choose to chan ' e a banner the cost for such re.lacement or
change shall be $10.00 per banner. Removed banners must be claimed by the organization at the
Department of Public Works offices no less than ten business days after the organization receives
notice of removal. A letter mailed to the organization's registered address will constitute notice.
Unclaimed banners will be discarded.
G. Organizations will be required to have a minimum of either two banners, or at least five percent of
the total installed banners whichever is • eater in reserve for re.lacements of dama ' ed banners.
H. The organization shall be responsible for all banner production costs and must deliver the banner to
the Department of Public Works complete and ready for installation in accordance with the
Department of Public Works specifications.
I. The organization will hold harmless the City of Jefferson, Missouri from any damages which may
arise from the placement of the banner.
J. Banner specifications shall be as follows: Size: up to 48 inches high (outside edge to outside edge)
and 64 feet six inches long; banner must have a three-inch hem along the top and bottom edge for
cablin with reinforced double stitchin• • material shall be 18 oz. vin 1 or banner canvas Sunbrella
with wind slits to reduce wind load; banners must be printed on both sides; banner may not include
any commercial or sponsor logo or advertisement; and banners must be clean and serviceable. All
banners submitted by an organization for display during the same time period must be of the same
size.
(Ord. 15098, § 2, 4-1-2013)
Sec. 32 603163. - Temporary event banners over streets.
A. Other provisions of this chapter not—withstanding, temporary event banners may be erected in
connection with a specific event across public streets subject to the following conditions:
1. Banner may not be attached to a light or utility pole.
2. Permission must be obtained from the property owners on either side of the street where the
banner crosses the street.
3. Erection of the banner shall be subject to obtaining permission of the Director of Public Works
or his or her designee who may impose conditions as to height, materials, and manner of
construction.
4. Banner may be up for a period of no more than four days and may not be put back up for three
days.
5. The temporary event banner must be erected by an association which has been organized for at
least two years and with at least 25 dues paying members.
6. The temporary event banner may only advertise the event, and may not advertise any specific
business individual or or ' anization.
7. The temporary event banner must not interfere with traffic if it is to be maintained at times
when traffic is passing under it.
8 No less than one week s rior to s lacin ' the tem . ora event banner a . ermit must be obtained
from Director of Public Works or his or her desi
Public Works shall verify that the banner complies with this section and that the applicant meets
the eligibility requirements. Fees shall be as set forth in appendix Y.
Sec. 32-601164. - Exceptions.
The banners listed in this article are not subject to the definitions of banners or advertising devices in
chapter 3 of the Code of the City of Jefferson.
Sec. 32 605.165 - Ownership.
The Ci of Jefferson shall be the owners of an banners •laced .ursuant to this article but the Cit
Administrator shall be authorized to gift the banners back to the donor upon their removal.
(Ord. No. 15813, § 6, 08-21-2018)
ARTICLE VIII.DIVISION 5.— NEWSRACKS
Sec. 32 210170. - Intent and purpose.
The City Council of the City of Jefferson, Missouri, finds and declares that:
A. The uncontrolled placement of news racks in public rights-of-way presents an inconvenience
and danger to the safety and welfare of persons using such rights-of-way, including pedestrians,
persons entering and leaving vehicles and buildings, and persons performing essential utility,
traffic -control and emergency services.
B. News racks so located as to cause an inconvenience or danger to persons using public rights-of-
way, and unsightly news racks located therein, constitute public nuisances.
C. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for
the purpose of securing and promoting the public health, safety and general welfare of persons
in the City of Jefferson in their use of public rights-of-way.
ee. Before issuin
the
ermit the Director of
(Ord. No. 10219, § 1, 6-4-84)
Sec. 32 211171. - Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following
terms shall, for the purpose of this article, have the meanings indicated in this section:
Block. One side of a street between two consecutive intersecting streets.
Distributor. The person responsible for placing and maintaining a news rack in a public right-of-way.
News rack. Any self-service or coin-operated box, container, storage unit or other dispenser
installed, used or maintained for the display and sale of newspapers or other news periodicals.
Parkway. That area between the sidewalks and the curb of any street, and where there is no sidewalk
that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include
the area within a roadway which is not open to vehicular travel.
Roadway. That portion of a street improved, designed or ordinarily used for vehicular travel.
Sidewalk. Any surface provided for the exclusive use of pedestrians.
Street. All that area dedicated to public use for public street purposes and shall include, but not be
limited to, roadways, parkways, alleys and sidewalks.
(Ord. No. 10219, § 1, 6-4-84)
Sec. 32 212172. - Permit required.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any
public street or sidewalk, or in any other public way or place, in the City of Jefferson any news rack
without first having obtained a permit from the City specifying the exact location of such rack(s). One
permit may be issued to include any number of news racks. All news racks on a public street or sidewalk,
or in any other public way or place, on the date this article becomes effective shall comply with the
provisions of this article, including permit requirements, within 30 days after the article becomes
effective.
(Ord. No. 10219, § 1, 6-4-84)
Sec. 32 213173. - Application for permit.
Application for such permit shall be made, in writing, to the Director of Public Works upon such
form as shall be provided by the Director, and shall contain the name and address of the applicant, contain
the proposed specific location of said news racks, and be signed by the applicant. The application shall
also contain the name, address and phone number of a person designated by the applicant to receive the
notices and emergency calls designated in this article.
(Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001)
Sec. 32-21'1174. - Conditions for permit.
A. Permits shall be issued immediately upon application for the installation of a news rack or news
racks without prior inspection of the location, but such news rack or news racks and the installation,
use or maintenance thereof shall be conditioned upon observance of the provisions of this article.
B. Such permits shall be valid for one year and shall be renewable pursuant to the procedure for
original applications referred to in section 32 213173.
(Ord. No. 10219, § 1, 6-4-84)
Sec. 32 215175. - Standards for maintenance and installation.
Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway shall
comply with the following standards:
A. No news rack shall exceed five feet in height, 30 inches in width, or two feet in thickness.
B. No news rack shall be used for advertising signs or publicity purposes other than those dealing
with the display, sale or purchase of the newspaper or news periodical.
C. Each news rack shall have affixed to it in a readily visible place so as to be seen by anyone
using the news rack a notice setting forth the name and address of the distributor and the
telephone number of a working telephone service to call to report a malfunction, or to secure a
refund in the event of a malfunction of the coin -return mechanism, or to give the notices
provided for in this article.
D. Each news rack shall be maintained in a neat and clean condition and in good repair at all
times.
(Ord. No. 10219, § 6-4-84)
Sec. 32 216176. - Location and placement of news rack.
Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway shall
comply with the following standards:
A. No news rack shall be permitted to rest upon, in or over any public sidewalk or parkways, when
such installation, use or maintenance endangers the safety of persons or property, or when such
site or location unreasonably interferes with public utility purposes, public transportation
purposes or other governmental use, or when such news rack unreasonably interferes with or
impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence
or place of business or any legally parked or stopped vehicle, or the use of poles, posts, traffic
signs or signals, hydrants, mailboxes, or other objects permitted and located at or near said
location.
B. No news rack shall be chained or otherwise attached to any public property, except that news
racks may be bolted to the sidewalk under guidelines established by the Director of Public
Works. The guidelines shall minimize cracking or other damage to the sidewalk, shall minimize
hazardous projections, and shall require installation of a nature which minimizes damages and
hazardous projections when the rack is removed.
C. News racks may be chained or otherwise attached to one another. No more than three news
racks may be joined together in this manner, and a space of no less than 24 inches shall separate
each group of three news racks so attached.
D. Notwithstanding the provisions of subsection (a), no news rack shall be placed, installed, used
or maintained:
1. Within three feet of any crosswalk.
2. Within 15 feet of any fire hydrant.
3. Within five feet of any driveway, public or private.
4. Within 50 feet of any fire or police station.
5. Within three feet ahead or 30 feet to the rear of any designated bus stop sign, except that
this provision does not prohibit a news rack on the building side of the sidewalk in this area
as long as it complies with the other provisions of this article.
6. Within five feet of any designated taxi stand or place marked for handicapped parking.
7. Within three feet of any bench or the entrance to a bus shelter.
8. On the same side of the street in the same block with any other news rack which contains
the same issue or edition of the same newspaper or news periodical.
9. So as to interfere with or impair the vision of operators of vehicles at street intersections
and/or street and alley intersections.
10. In such a manner as to impede or interfere with the reasonable use of a window used for
display purposes. A news rack placed at least six feet away from a display window does
not impede or interfere with its reasonable use.
(Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001)
Sec. 32 217177. - Violations.
A. News rack installed, used or maintained in violation of the provisions of this article shall be tagged
with a "notice of violation" stating the violation, date of tagging, notice of intention to remove the
news rack if the violation is not corrected within seven days, and the procedure for obtaining a
hearing before the City Administrator, if desired. In addition, an order to correct the offending
condition will be issued to the distributor of the news rack by mailing a copy of the order by certified
mail, return receipt requested.
B. If the news rack remains in violation past the seven-day correction period, and no hearing has been
requested, the news rack shall be removed by the Director of Public Works or his designated officer
and stored in any convenient place. The Director of Public Works or his designated officer shall
notify the distributor by mailing a "notice of removal" to the last known address of the distributor.
The notice shall state the date the news rack was removed, the reasons therefor, the location and
procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before
the City Administrator. Any such news rack removed and stored pursuant to these provisions shall be
released to the owner thereof if claimed within 45 days after such removal. The cost of the removal
and storage shall be billed to the distributor. Upon failure of the distributor to claim the news rack
within 45 days after the mailing of written notice of removal, the news rack shall be deemed to be
unclaimed property and may be disposed of pursuant to the provisions of the City Code.
C. Any news rack in violation of the provisions of this article, which violation creates an immediate
danger to the health, safety or welfare of the public, and which cannot be corrected by moving or
otherwise repositioning the news rack, may be removed and stored in a convenient location so as to
eliminate the danger. The Director of Public Works or his designated officer shall notify the
distributor by mailing a "notice of removal" to the last known address of the distributor. The notice
shall state the date the news rack was removed, the reasons therefor, the location and procedure for
claiming the news rack, and the procedure for obtaining a post-removal hearing before the City
Administrator. Any news rack removed and stored pursuant to this paragraph shall be released to the
owner thereof if claimed within 45 days after the mailing of written notice of removal. The cost of
the removal and storage shall be billed to the distributor. Upon failure of the distributor to claim the
news rack within 45 days after the mailing of written notice of removal, the news rack shall be
deemed to be unclaimed property and may be disposed of pursuant to the provisions of this City
Code.
(Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001)
Sec. 32 218178. - Appeals.
Any person or entity aggrieved by a finding, determination, notice or action taken under the
provisions of this article may appeal, and shall be apprised of the right to appeal, to the City
Administrator. An appeal must be perfected within seven days after receipt of notice of any protested
decision or action by filing with the office of the City Administrator a letter of appeal briefly stating
therein the basis for such appeal. A hearing shall be held on a date no more than ten days after the receipt
of the letter of appeal. A hearing shall be held on a date no more than ten days after the receipt of the
letter of appeal. Appellant shall be given at least seven days' notice of the time and the place of the
hearing. The City Administrator shall give the appellant, and any other interested party, a reasonable
opportunity to be heard. Any party may be represented by counsel, and all parties shall have an
opportunity to be heard and present such evidence as shall be relevant to a determination of whether or
not the news rack is in violation of the provisions of this article, and whether or not the procedures
required by this article have been substantially followed. The City shall be required to present its evidence
first. All testimony shall be under oath, which shall be administered by the City Administrator. Within ten
days from the date of the hearing, the City Administrator shall render his decision and shall mail a copy of
that decision to the distributor.
(Ord. No. 10219, § 1, 6-4-84)
Sec. 32-2-1-9179. - Disclaimer.
This article, while regulating news racks in public rights-of-way, is not to be construed as a sanction
of them. The first amendment to the Constitution of the United States has been interpreted by the courts
as prohibiting the banning of news racks. Therefore, nothing contained in this article shall be construed as
the City's acquiescence in, liability for, or assumption of the risks of the placement of news racks in the
City, whether or not they are in conformity with the provisions of this article.
(Ord. No. 10219, § 1, 6-4-84)
Sec. 32-220180. - Severability.
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this article.
(Ord. No. 10219, § 1, 6-4-84)
Secs. 32 221181-32-229189. - Reserved.
DIVISION 6. ADOPT -A -STREET AND ADOPT -A -SPOT PROGRAMS
Sec. 32-400190. - Definitions.
Adopted section means a particular section of City right-of-way or other City property designated by
the City Administrator, or his or her designee, to be adopted by the volunteer individual or group
participating in an Adopt -A -Street or Adopt -A -Spot program.
Adopter means the individual or group approved by the City Administrator, to be a participant in the
Adopt -A -Street or Adopt -A -Spot.
Adopter representative means a group member designated to represent the volunteer group and serve
as its liaison with the City Administrator. The adopter representative is the person who signs the
agreement.
Agreement means the written agreement between the volunteer individual or group adopting a
section of City right-of-way or other City property and the City Administrator.
A licant means the individual or rou. a. .1 in • for . articiation in the Ado. t -A Street or Adot-
SO
A -Spot program.
City Administrator means the City Administrator of the City of Jefferson, Missouri, or his or her
designee.
Department means the Department of Public Works.
Director means the Director of the Department of Public Works or his or her designee.
Litter means any unsightly matter that may include, but is not limited to, disposable packaging,
containers, cans, bottles, paper, and cigar or cigarette butts. Litter does not include hazardous, heavy, or
large items.
Particiant means an individual includin individuals within a
program activity.
Program means the Adopt -A -Street or Adopt -A -Spot program.
Program activity means activities authorized by this article.
Signs mean the Adopt -A -Street or Adopt -A -Spot signs provided by the Department.
Violent criminal activi means an offense havin • as an element the use attemted use or
threatened use of physical force against the person or property of another or any offense involving
weapons.
Sec. 32-48191. - Application for participation.
A. The ado.ter or ado.ter re.resentative of a ' ouwho desires to .artici.ate in the .ro• am shall
submit an application for the requested program to the City Administrator, on the form provided.
B. An application completed by an individual on behalf of a group or organization must identify the
group or organization for which the application is being submitted and failure to identify the group
or organization on the application will result in rejecting the application.
C. Adoption eligibility. Civic and nonprofit organizations, commercial and private enterprises, and
ouwho will be . articiatin in a
individuals ma be eli ' ible to ado. t. A..licants who do not meet the eli • ibili re• uirements will be
denied
artici.ation in the .ro' am and ado.ters who no lon
er meet the a
..
licant eli ' ibili
requirements may be removed from the program. The City Administrator reserves the right to limit
the number of adoptions for a single group.
D. The following applicants are not eligible to adopt:
1. Individuals who have been convicted of, or pled guilty or no contest to, a violent criminal
activity, unless ten years have passed since completion of the latest incarceration, probation, or
parole for violent criminal activity; or
2. Organizations and enterprises with any program participants who have been convicted of, or
pled guilty or no contest to, a violent criminal activity, unless ten years have passed since
completion of the latest incarceration, probation, or parole for violent criminal activity.
E. Acceptance of application. The City Administrator has the authority to approve applications of
individuals or groups applying to participate in the program.
F. Denial of application. The City Administrator is authorized to deny requests for participation in the
program. A request for participation in the program may be denied if the applicant does not meet the
eligibility requirements or has submitted false statement(s) of a material fact or has practiced or
attempted to practice any fraud or deception in an application. Material facts include statements
regarding convictions of violent criminal activity.
Sec. 32-40192. - Agreement; general responsibilities of adopter and the City.
A. If an application is approved by the City Administrator the adopter or adopter representative shall
execute a written agreement with the City of Jefferson, which shall be approved by the City
Counselor, and upon signing by both parties, the agreement shall become effective and provides for
the individual's or group's participation in the program.
B. Responsibilities of adopter. The adopter shall:
1. Abide by all provisions contained in the agreement and any other terms and conditions as
required by the City Administrator; and
2. Provide to the City Administrator, the name and complete mailing address, including street
address, of the adopter representative. The adopter shall notify the City Administrator within 30
days of any change of the adopter representative's name or address; and
3. Provide instruction to all members of the group participating in the program activity regarding
conductin ' all activities in a safe and careful manner includin awareness that work next to an
street may be an inherently dangerous activity; and
4. Properly use all equipment in a safe, responsible, and professional manner and have all
members watch a safety video provided by the Department; and
5. Provide one adult supervisor for every eight participants between 13 and 17 years of age and
one adult supervisor for every four participants between ten and 12 years of age. No one under
the age of ten will be allowed to participate in the program; and
6. Adopt -a -section of right-of-way for a minimum of three years and submit a new application
every three years if the adopter wants to continue participation in the program; and
7 Restrict . ro • ram activities to the areas of ri ' ht-of-wa outside the • avement and shoulder areas -
and
Perform program activity between the hours of one hour after sunrise to one hour before sunset;
and
9. Prohibit .ro• am activities durininclement weather. and
10. Prohibit participants from possessing, consuming, or being under the influence of alcohol or
drugs while participating in the program activity; and
11. Indemnify and hold harmless the City of Jefferson and their officers, employees, and agents
from any claim, lawsuit or liability which may arise from adopter's participation in the program
or as provided by the law; and
12. Submit to the City Administrator, within five working days of any program activity, the
following information:
a. The adopter's name; and
b. The date(s) of the program activity; and
c. The total hours involved in the program activity; and
d. The total volunteers involved in activity; and
e. The total number of bags of trash picked up, or other activity performed.
13. Not subcontract or assign its responsibilities under this program to any other enterprise,
or anization or individual unless assi ' ee is also eli ' ible to ado , t• and
14. Not decorate or alter the signs.
C. Responsibilities of the City. The City Administrator will:
1. Determine the specific section of right of -way or City property that is to be adopted;
2. Install and maintain a si ' or si ' s if desired b the ado • ter. Si ' s ma be .laced at both ends
of the adopted section, or at a single location as determined by the City Administrator.
3. Remove and dispose of filled trash bags from the adopted section as soon as practical after the
litter pickup is finished.
4. Provide the adopter with a safety video.
Sec. 32 '103193. - Authorized program activity and specific responsibilities of adopter.
A. Adopters may be authorized by the City Administrator to perform one or more of the following
activities. Only activities authorized in the Agreement shall be permitted:
1. Collection of litter;
2. Mowing and/or maintenance of plants and landscaping;
3. Planting or installation of approved landscaping plants and materials;
4. A combination of the above activities.
B. Responsibilities of adopters who are authorized to collect litter shall be as follows:
1. Collect litter along the adopted section four times a year, or as outlined in the Agreement; and
2. Adopt a minimum of one-half mile or shorter len • h as determined b the Cit Administrator.
and
3. Place litter in trash bags and place filled trash bags at a designated location; and
4. Se s arate tires batteries and other trash as needed for • ro . er dis . osal accordin ' to local landfill
requirements; and
5. Notify the City for disposal of filled litter bags as soon as possible after litter pickup.
C. Res • onsibilities of ado . ters authorized to mow maintain and/or install landsca • in • shall be as
follows:
1. Adopt a specific "spot," such as a round -about and/ or area of right-of-way or other City
property, as agreed upon and specified in the Agreement;
2. Accomplish mowing in a safe manner and as needed to comply with all City codes.
3. If installing landscaping, submit a plan showing types of plants and materials proposed to be
used, and a schedule for maintenance. Planting and landscaping materials and the schedule for
maintenance shall be as approved by the City Administrator.
Sec. 32-404194. - Signage.
A. Upon request of an approved and finalized adopter agreement, the Department shall erect one sign
for Adopt -A -Spot, or multiple signs designating the adopted sections for Adopt -A -Street programs.
B. The signs shall:
1. Identify the adopter or, subject to the approval of the City Administrator, may identify an
individual in whose memory the adoption is being made; and
2. Be designed by the Department as to size, color, and text; and
3. Have the actual name of the adopter, or individual in whose memory the adoption is being
made with no tele . hone numbers to • os slo ' ans dates or addresses includin ' Internet
addresses, with verbiage kept to a minimum; and
4. The signs shall not contain wording that is obscene, profane, or sexually suggestive, or implies
an obscenity, profanity, or sexual content. Signs are not intended to be an advertising medium
or serve as a means of providing a public forum for the participants; and
5. The signs shall not be altered or decorated by the adopter at any time.
C. The erection of a sign is not a requirement for participation in the program. If, during the length of
the agreement, a sign is damaged, destroyed, stolen, or removed from its foundation by an act of
vandalism, the Department will erect a single replacement sign at Department cost. The repair and
reinstallation of a removed sign is counted as a replacement sign erection. If the replacement sign is
dama • ed destro ed stolen or removed from its foundation b an act of vandalism the De • artment
will erect a second replacement sign at Department cost. If the second replacement sign is damaged,
destroyed, stolen, or removed from its foundation by an act of vandalism, the Department may
remove the sign if still present, and no replacement sign will be erected.
Sec. 32-405195. - Modification or termination of the agreement.
A. The agreement may be modified or terminated at the discretion of the City Administrator.
B. After three years of participation in the program, an adopter may terminate the agreement upon
notice to the City Administrator.
(Ord. 14803, § 1, 6-20-2011; Ord. No. 14829, § 8, 8-1-2011. Ord. No. 14994, § 2 7-16-2012)
Secs. 32-406196-324199. - Reserved.
ARTICLE IX.
Scc. 32 230. Sidcwalk cafe permits.
The cpartmcnt f Planning an Pr tcctivc Services may issue a permit t usc a City sidcw lk, ursuant
t this sccti n f the C c f the City fJcffcrs n, f r a sidcwalk cafe., su jcct t thc f 11 wing
etinait:
tinst
A. Thc permittcc sh 11 at all timcs c m ly with rdinanccs f the City f Jcffcrs n, Miss uri nd laws
f the Statc f Miss uri, as well as ap lica lc rulcs an rcgul ti ns pert ining t thc han ling f f d and
the operation of a restaurant.
B. A permit shall bc grantcd t permittcc my in c njuncti n with an existing restaurant in an arca
adjaccnt t such rest urant. A crmit may c grantcd u n a ctcrminati n that the perati n f the
si cwalk cafe d cs n t prevent the rcas na lc usc f the City si cwalks y thc u lic n th t it cs n t
interfere with businesses in the arca. Thc permittcc shall limit thc usc f the sidcwalk t th sc activities
that have bccn approved.
includc pr ccdurcs f r keeping thc arca cic n, nd which sh 11 includc sweeping thc sidcw lk every day
thc arca is utilizcd by cust mcrs. Thc permittcc sh 11 makc adcquatc pr visi n f r the dis s 1 f littcr
and shall maintain thc premises uscd f r said sidcwalk cafe frcc f littcr. Littcr gcncratcd by thc sidcwalk
cafe perati n shall be thc res nsi ility f the permittcc, and thc permittcc shall makc rc s nablc
pr visi n t scc that such littcr does n t bcc me a nuisancc and is pr perly pickcd up fr m thc public
.,o.... - - -- - - - - - -- - - - - _ -- - --
bc cleaned up. Thc permittcc shall have a trash rcccptacic pr vidcd by thc business f r usc by the
cust mcrs cating utsidc r alternate plan appr vcd by thc City staff. In thc event thc permittcc d cs n t
cican up the arca, thc City rcscrvcs its right t d thc cleaning itsclf and t charge thc permittcc f the
c st f thc cleanup. This charge shall be a private debt ag inst thc permittcc, nd failurc t pay shall
constitutc c use t rcv kc r n t rcncw thc permit. Thc City m y als rcv kc thc permit f r failurc t
pr perly maintain and swccp thc arca identified n thc permit including public trash cans.
. Thc permittcc shall at all timcs maintain insurancc in 3 - : _ : ;. ! ! • • • • • - _ _ _
thc City fr m any liability which might arisc fr m thc activities in thc arca, in an am unt and f rm t bc
determined by the Law Dcpartmcnt f the City f Jcffcrs n, Miss uri. Permittee shall submit c pics f
said insurancc t thc Financc Department f r appr val pri r t licensee c mmcncing thc per • _ _ -
sidcwalk cafe.
E. Bcf re any w rk is perf rmed n thc sidcwalk r thcr City pr perty, thc applicant shall submit a
written plan dcscribing the w rk. N w rk sh -- :._- - - - -_ - - _._-
Planning and Pr tective Scrviccs has auth rizcd thc same and a permit is issued by thc City t d the
w rk. In n cvcnt sh 11 thc w rk cxccc th t which is dcscri c in the crmit s r vcd y the City.
F. The crmittcc shall rcm vc all chairs n to lcs at the en f c ch w rking y, s well s all thcr
appurtenances, unless permissi n is thcrwisc grantcd in the liccnsc.
O. Thc permittcc shall at all times maintain a f ur-f t thr ughway n thc sidcwalk f r pedestrian
H. Thc permittcc shall agrcc t indemnify and h Id harmless thc City f Jcffcrs n, Miss uri with
respect t any claims that might bc made, arising ut f the perati n f the sidcwalk cafe. Thc permittcc
sh 11 accc t the crmit, subject t his wn ctcrmin ti n, c nccrning thc auth rity f the City f
Jcffcrs n, Miss uri t grant s i crmit, an all risk with res cct t whcthcr r n t thc City has s i
auth rity is u n permittcc. Thc City makes n affirmative rcprescntati ns c nccrning its auth rity t
grant said permit.
I. In the event thc crmittcc vi 1 tcs ny f the c n iti ns f this Articic r c n iti ns which rc rt
f the permit, the Direct r f Planning and Pr tcctivc Scrviccs shall havc thc auth rity t suspend r
rev kc said permit r thc liccnsc t perate a rcstaurant, pursuant t proccdurcs sct f rth in this Article.
it- - -..
--
crmittcc n rtunity t c rrcct s i vi lati n. This crmit may c tcrmin tc y cithcr arty upon
fifteen (15) days' n tice. Any pers n wh vi lates this sccti n r thc c nditi ns f the permit shall als be
su jcct t the cnaltics set f rth in sccti n 1 13 f the C c f the City f Jcffcrs n.
J. Permittee grecs t c m ly with 111 ws f the State f Miss uri an r inanccs f the City f
Jcffcrs n in thc perati n f the sidcwalk cafe.
K. Thc City shall causc a permit t be prepared, in acc rdancc with the c nditi ns sct f rth herein and
c n iti ns csta lishc y the ircct r f P1 nning n Pr tcctivc Scrviccs, which permit an c n iti ns
shall be accepted by thc permittcc.
L. The permit shall bc issued annually n N vcmbcr 1.
M. Thc fcc f r such cnnit sh 11 be sct by thc City A ministr t r in en ix Y.
( r .N .133 1,1152 1; r .N .151'18,§1,8192 13)
Scc. 32 231. Extcnsi n f liqu r liccnsc.
N twithst n ing the ther r visi ns f cha to 'I, alc h lic cvcragcs, whcrc a permittcc h 1 s li u r
liccnsc f r an existing rcstaurant, thc liccnsc shall c dccmcd t cxtcnd t thc prcmiscs f the sidcwalk
cafe.
Scc. 32 232. C nsumpti n f lc h 1.
N twithstanding thc pr visi ns f sccti n 4-17 f chapter 4, alc h lic beverages, where a permittcc h Ids
a liqu r liccnsc f r an existing rcstaurant, the c nsumpti n f int xicating liqu r shall bc dccmcd t be
permittcd n thc prcmiscs f the sidcwalk cafe pr vidcd, h wcvcr, that such permissi n shall bc dccmcd
suspended during such times as the applicable sidcwalk is within r within 20 feet f an active temp rary
utd r c nsumpti n permit unless the license h lder places a sign n each table located n said sidewalk
which states that n alc h 1 may bc rcm vcd fr m thc sidcwalk cafe prcmiscs, and thc prcmiscs f the
sidcwalk cafe is c rd ned ff fr m thc temp rary utd r c nsumpti n permittcd arca.
(Ord. N . 12798, § 1, 8 17 98; Ord. N . 14837, § 2, 8 15-2011)
Secs. 32-233 32-309. - Reserved.
ARTICLE XDIVISION 7. - HOUSE NUMBERS ON CURBS
Sec. 32-34-0200. - Purpose and intent.
The purpose of this Article is to provide for the licensing and regulation of the business of painting
street addresses on curbs within the City of Jefferson.
Sec. 32 311201. - Posting bills, painting signs, etc., prohibited; exceptions.
A. It shall be unlawful for any person to post or cause to be posted any bill, or paint, write or print, or
cause to be painted, written or printed, any sign or device on any sidewalk, street, bridge, viaduct,
pole, tree, post or on any wall, building or structure, or other property of another, unless in the case
of private property, the prior consent of the owner thereof has been secured. For the purposes of this
section, the presence of any bill, sign, device, painting, or printing in a location prohibited by this
section which contains or includes the name of a business or corporation or the name by which a
business or corporation is doing business, shall be prima facie evidence that both the business or
corporation and its manager(s), officer(s) and director(s) had knowledge thereof and had posted,
painted, written, or printed such bill, sign, device, painting or printing in such location or caused the
same to be posted, painted, written or printed in such location. Further for the purposes of this
section, the presence of any bill, sign, device, painting or printing in a location prohibited by this
section which shall contain or include the name of any person shall be prima facie evidence that such
person had knowledge thereof and had posted, painted, written or printed such bill, sign, device,
printing or painting in such location or caused the same to be posted, painted, written or printed in
such location.
B. The Director of Public Works is hereby authorized to issue permits allowing the placing of house
numbers on curbs on public streets and other public rights-of-way. The Director of Public Works is
authorized to issue permits under such conditions and to such persons as the Director deems
competent and responsible. The provisions of paragraph (a) of this section shall not apply to the
placing of street numbers on curbs which conform to the rules and regulations and for which a permit
has been issued.
C. Nothing in this Article shall be construed to prohibit a property owner from placing house numbers
on curbs on public streets and public rights-of-way in front of their own property in the manner
provided in section 32 312202, except that the provisions of subparagraphs (d) and (f) of section 32-
312 202 shall not apply to property owners.
(Ord. No. 13301, 11-5-2001)
Sec. 32 312202. - Requirements for painting on curbs.
A. Numbers shall be uniform, easily legible and meet the following standards:
1. Numbers shall be on a white background six inches by 18 inches.
2. Numbers shall be black, round -block style, three inches high with a height -stroke ratio of 6:1.
3. Paint shall be of a quality meeting A.S.T.M. standards for traffic marking paint for appearance,
durability and night visibility. Paint quality shall be approved by the Director of Public Works.
B. Numbers shall be placed only on curbs in good condition.
C. Numbers shall be located on the curb in front of the house.
D. Business licenses will be issued by the Finance Department.
E. Persons applying these signs and markings to the curbs who do not comply with these standards
shall have their business license revoked and be responsible for removal of any work done.
F. Permits will be issued by the Public Works Department.
(Ord. No. 13301, 11-5-2001)
Sec. 32 313203. - Revocation of permit.
A. Any permit issued pursuant to the provisions of this article may be revoked by the Director of Public
Works if the licensee or anyone acting under the licensee's direction or control as an agent or
employee violates any of the provisions of this article.
B. Any permit issued pursuant to the provisions of this article may be revoked by the Director of Public
Works if the licensee knowingly has made any false, misleading or fraudulent statement of material
fact in the application for a license required in this article.
C. Any permit issued pursuant to the provisions of this article shall be revoked by the Director of
Public Works if the licensee or any person acting under the licensee's direction or control as an agent
or employee has displayed to a customer or prospective customer for curb address painting, either
the original of or any copy of an expired or revoked license.
(Ord. No. 12603, § 1, 4-21-97; Ord. No. 13301, 11-5-2001)
Secs. 32-31'1204-32-X9209. - Reserved.
Scc. 32 330. - Purposc.
The urp se f this article is t r vi c cnc ur gement an c cr ti n f r the m king f im r vcmcnts
t streets, sidcwalks and thcr infrastructure thr ugh a v luntary pr gram f citizcn participati n in c st.
Scc. 32 331. Pctiti n ncccssary.
F r c ch pr jcct which m y c cligi lc f r inclusi n in the City's neigh rh im r vemcnt r jcct
(NIP), a pctiti n shall bc submitted by thc wncrs f the requisite fr nt f tagc as specified in this Article
by March 1 f each ycar f r c nsidcrati n f r thc f 11 wing year's fiscal budget t the Direct r f Public
W rks. Pctiti ns shall c c nsi crc pr vc if the r jcct is i cntific an fun c in thc f 11 wing
year's u get. Pctiti ns shall bc c nsi ere cnic if n t fun c in the f 11 wing ye is u get r
withdrawn by c untcr pctiti n. Any denied pctiti n shall n t be carricd vcr t thc next budgct year.
Scc. 32 332. P rtici ati n re uirement.
Pr perty wncrs may ctiti the City C uncil, n f rm ppr vcd y thc ircct r f Pu lic W rks, t
c nstruct pr jccts which inv lvc thc rebuilding f any curb and guttcr, r sidewalks, f r an cntirc bl ck,
which shall bc pctiti ncd by greater than 75 perccnt f the wncrs f the fr nt f tagc abutting the
proposed projects.
Scc. 32 333. C st t a licant.
A. F r each pr ject includcd in thc NIP and funded, the c st t cach abutting pr perty wncr shall be
set by the City Administrat r each year in appcndix Y.
B. At least 75 percent f abutting property wncrs must agree t prepay the entire am unt f their c st
share pri r t appr val f the c nstructi n c ntract by thc City C uncil r City Administrat r.
C. Any party which fails t prcpay thc party's full c st sharc f the pr jcct shall bc charged an
additi nal 25 percent. Such pers n's share shall be placed as a lien against the pr perty as part f a tax bill
pursuant t sccti n 32 .0, 32-41, and 32 42 f the City C dc.
Scc. 32 334. Funding, critcria f r pr jcct sciccti n.
In determining which, if any, pr jccts shall e funded thc f 11 wing criteria will c c nsidercd:
A. Funding available.
B. Num cr fpr pertics ffcctc .
C. Existing conditions.
D. Pr perty sharc prepaid vs. tax bill.
E. Ovcrall effect on arca.
Scc. 32 335. Street lighting in im r ve su ivisi ns.
A. Where street lighting d Isn't meet the minimum requirements f 33 9.E. Abutting pr perty wncrs
may petition the-C44y For stet lightt=i44-g. Tee lot e=f Ilurblie We4.1(s li=g4ing
request, within budget c nstraints based n thc f 11 wing criteria.
1. Installati n f thc street lights will generally be at spacings n less than 250 feet (residential)
and 180 feet (commercial).
2. The spacing may be less than in A.1. at 1 cati ns f abrupt h riz ntal r vertical grade changes
whcn needed for traffic safety.
3. Thc City m y grant diti nal lighting n the sis f high c nccntr ti n f pcdcstri n tr ffic
such as d wnt wn, sch 1 arcas, scri us traffic hazards, r high incidence f crime as
determined by the Chicf f P licc. Thc latter w uld n t relieve thc pr perty wncr f the
rcsponsi ility f security lighting.
B. Pr perty wncrs requesting lighting w uld pay 25 perccnt (rcsidcntial) and 50 perccnt (c mmcrcial)
f r installati n and the City w uld install and pay f r maintcnancc and perati n whcn installati n is
C. jccti ns t thc dccisi n f the ircct r f Pu lic W rks with res cct t 1 cing f street lighting
can bc appealed t thc City C uncil within 30 days f the dccisi n f the Dircct r f Public W rks.
( rd. N . 129 2, § 1, 8 2 99; rd. N . 13301, 11 5 2001; rd. N . 14829, § 19, 8 1 2011; rd. N .
1493 , § 1, 3 19 2012; rd. 14954, § 3, 5 7 2012)
Secs. 32 336 32 399. Reserved.
ARTICLE XII. A PT A STREET AN A PT A SP T PR GRAMS
Scc. 32-400. - Definitions.
Ad tcd sccti n means a particular sccti n f City right- f -way r thcr City pr perty designated by the
City A ministrat r, r his r hcr dcsigncc, t c a tc y thc v luntccr in ivi u 1 r gr u
rtici ating in an A t o Strcct r A t A S t pr gr m.
Ad ptcr mcans thc individual r gr up appr vcd by thc City Administrat r, t bc a participant in the
A pt A Strcct r A pt A S t.
_..:_._ __ . _ .
its liais n with the City Administrat r. Thc ad ptcr rcprcscntativc is thc pers n wh signs thc agreement.
City right -of way r thcr City r crty an thc City A ministrat r.
Applicant me ns thc in ivi u 1 r gr up lying f r artici ti n in the A t o Strcct r A t o
Spot program.
City Administrat r mcans the City Administrat r f the City f Jeffcrs n, Miss uri, r his r her
designee.
Dcpartmcnt mcans thc Department f Public W rks.
Dircct r mcans thc Dircct r f the Dcpart ncnt f Public W rks r his r hcr dcsigncc.
Litter mcans any unsightly matter that may include, but is n t limited t , disp sable packaging,
ecattazittePs, eatts, 1 .;, , eiga=r err eigatet=tre lam. LST depes t ine-1udc h z r xi, h avy, r
largc itcms.
P t• 'pant mcans any individual, including individuals within a gr up, wh will be participating in a
program activity.
Pr dram mcans the Ad pt-A-Strcct r Ad pt -A -Sp t pr gram.
P gram activity mcans activities auth rized by this article.
S.gns mean the Ad pt-A-Strcct r Ad pt -A -Sp t signs pr vidcd by the Department.
Vi lcnt criminal activitymcans any ffcnsc having as an cicmcnt thc usc, attcmptcd usc, r thrcatcncd
usc f physical f rcc against thc pers n r pr perty fan thcr r any ffcnsc inv lying wcap ns.
Scc. 32 401. Applicati n f r participati n.
A. The ad ptcr r ad ptcr representative f a gr up wh desires t participatc in thc pr gram shall
submit an applicati n f r thc requested pr gram t thc City Administrat r, n thc f rm pr vidcd.
B. An applicati n c mpletcd by an individual n behalf f a gr up r rganizati n must identify the
gr up r rganizati n f r which thc applicati n is being submitted and failure t idcntify thc gr up r
rganizati n n thc applicati n will result in rcjccting the applicati n.
C. Ado f i n Ii ibilit Civic and n npr fit rganizati ns, c mmcrcial and privatc nt rpriscs, and
in ivi u Is may c cligi lc t d pt. A lic nts wh n t meet thc cligi ility rc uircmcnts will o
cnic p rtici ti n in thc r gr m, n tcrs wh n 1 ngcr meet thc lic nt cligi ility
rcquircmcnts may bc rcm vcd fr m thc pr ram. Thc City Administrat r reserves thc right t limit the
number fad pti ns f r a single gr up.
. Thc f 11 wing lic nts rc n t cligi lc t t:
1. Individuals wh havc bccn c nvictcd f, r plcd guilty r n c ntcst t , a vi lcnt criminal activity,
unlcss ten ycars havc passcd since c mplcti n f the latest incarccrati n, pr bati n, r par lc f r vi lent
criminal activity; or
2. rg nizati ns n enterprises with ny r gram rtici nts wh havc ccn c nvictc f, r lc
guilty r n c ntcst t , a vi lent criminal activity, unless tcn ycars havc passcd sincc c mplcti n f the
1 tcst inc rccr ti n, pr ti n, r r lc f r vi lent criminal ctivity.
P. Accc t ncc f a lic ti n. Thc City A ministrat r has thc uth rity t appr vc lic ti ns f
individuals r gr ups applying t participatc in thc pr ram.
F. Dcnial f applicati n. Thc City Administrat r is auth rizcd t dcny requests f r participati n in the
pr gr m. A rc ucst f r rtici ti n in the r gr m may c cnic if the lic nt cs n t mcct the
cligi ility rc uircmcnts r has su mittc f lsc statement(s) f a m tcrial fact r h s r cticc r attcm tc
t practicc any fraud r dcccpti n in an applicati n. Matcrial facts includc statements rcgarding
c nvicti ns f vi lent crimin 1 ctivity.
Scc. 32 2. Agreement; gencr 1 rcsp nsi ilitics f a tcr an thc City.
A. If an applicati n is appr vcd by thc City Administrat r the ad ptcr r ad ptcr representative shall
execute a writtcn agreement with thc City fJcffcrs n, which shall bc appr vcd by the City C unscl r,
r r up's participati n in thc pr gram.
B. Rcs nsibilitics fad tcr. The ad ptcr shall:
1. A i c y all r visi ns c ntainc in thc agreement an ny thcr tcnns an c n iti ns s rc uirc
2. Pr vidc t thc City Administrat r, the namc and c mplctc mailing addrcss, including street addrcss,
f the a ptcr re resent tivc. The ptcr sh 11 n tify thc City A ministr t r within 3 ays f any
3. Pr vidc instructi n t all members f the gr up participating in thc pr gram activity rcgarding
c nducting all activitics in a safc and careful manncr, including awareness that w rk next t any street
may be an inherently danger us activity; and
1. Pr perly use all cquipmcnt in a safe, rcsp nsiblc, and pr fcssi nal manncr and havc all members
watch a safety vidc pr vidcd by the Department; and
5. Pr vide nc adult supervis r f r every eight participants bctwecn 13 and 17 ycars f agc and no
adult supervisor f r cvcry f ur participants bctwecn t n and 12 ycars f agc. N nc under the age f ten
will bc all wed t participate in thc pr gram; and
. Ad pt -a -section f right-of-way f r a minimum f thrcc ycars and submit a new applicati n every
three ycars if thc ad pter wants t c ntinuc participati n in the pr gram; and
7. Restrict pr gram activitics t thc areas f right f way utsidc thc pavement and sh uldcr areas; and
8. Pcrf nn pr gram activity between thc h urs f nc h ur after sunrise t nc h ur bef rc sunset; and
9. Pr hibit pr gram activitics during inclement weather; and
10. Pr hibit participants fr m p sscssing, c nsuming, r being under the influence f alc h 1 r drugs
whilc participating in thc pr gram activity; and
11. Indemnify and h Id harmless the City f Jcffcrs n and thcir fficcrs, empl yecs, and agents fr m
any claim, lawsuit r liability which may arise fr m ad ptcr's participati n in the pr gram r as pr vided
by thc law; and
12. Submit t thc City Administrat r, within five w rking d ys f ny pr gram ctivity, the f 11 wing
information:
a. Thc ad ptcr's namc; and
b. The datc(s) f the pr gram activity; and
c. The t tal h urs inv lvc in thc r gram ctivity; n
The t t 1 v luntccrs inv lvc in activity; an
c. The t tal number f bads f trash picked up, r thcr activity perf rmcd.
13. N t subc ntract r assign its rcsp nsibilitics undcr this pr &wain t any thcr cntcrprisc,
rg nizati n, r in ivi u 1 unlcss ssigncc is als cligi lc t t; n
14. N t dcc rate r alter thc signs.
C. Rcs nsibilitics f the City. The City Administrat r will:
1. ctcrminc thc s ccific sccti o f right f w y r City r crty th t is t c tc ;
2. Install n maint in a sign r signs, if csirc y thc a tcr. Signs may c lace at th en s f
the ad ptcd sccti n, r at a single 1 cati n as dctcrmincd by thc City Administrat r.
3. Rcm vc an is sc f fillc tr sh gs fr m thc d tcd sccti n ss n s ractic 1 ftcr thc littcr
pickup is finished.
1. Pr vidc thc ad ptcr with a safcty vide .
Scc. 32 403. Auth rizcd pr gram activity and spccific rcsp nsibilitics f ad ptcr.
A. A ptcrs m y c auth rizc y the City A ministrat r t crf rm nc r m re f thc f 11 wing
•
act. ' -... - _ - - _ _ . : -
1. C llccti n f littcr;
2. M wing an / r maintcn ncc f 1 nts n lan sca ing;
3. P1 nting r inst 11: _- :: _ - - 3 . 3 - .
1. A c mbinati n f the ab vc activities.
B. Rcsp nsibilitics fad ptcrs wh arc auth rizcd t c llcct littcr shall be as f 11 ws:
1. C llcct littcr 1 ng the a tc sccti n f ur times year, r s utlinc in the Agreement; an
2. Ad pt a minimum f nc-half mile r sh rtcr length as determined by thc City Administrat r; and
3. Placc littcr in trash bags and placc filled trash bags at a designated 1 cati n; and
1. Sc aratc tires, ttcrics an thcr tr sh as ncc c fr r cr is s 1 acc r ing t 1 c 11 n fill
requirements; and
5. N tify thc City f r disp sal f filled littcr bags as s n as p ssiblc after littcr pickup.
C. Rcs nsi ilitics f a ptcrs uth rizc t m w, m int in , nd/ r inst 11 1 n sca ing sh 11 c s
follows:
1. Ad pt a spccific "sp t," such as a r and ab ut and/ r arca f right f way r thcr City pr perty, as
agreed up n and specified in thc Agreement;
2. Acc mplish m wing in a safe manner and as needed t c mply with all City c des.
3. If installing landscaping, submit a plan sh wing types f plants and matcrials pr p scd t bc used,
and a schedule f r maintcnancc. Planting and landscaping materials and the schedule f r maintcnancc
shall be as appr vcd by the City Administrat r.
Sec. 32-404. - Signage.
A. Up n request fan appr vcd and finalized ad ptcr agreement, thc Dcpartmcnt shall crcct nc sign
f r Ad pt A Sp t, r multiple signs designating the ad ptcd sccti ns f r Ad pt A Strcct pr grams.
B. The signs shall:
1. Identify thc ad ptcr r, subjcct t the appr val f the City Administrat r, may identify an individual
in wh se mcm ry the ad pti n is being made; and
2. Be designed by the Department as t sizc, c 1 r, and text; and
3. Have the actual name f the ad ptcr, r individual in wh se mem ry the ad pti n is being made,
with n tcicph nc numbers, 1 g s, sl gans, datcs, r addrcsscs, including Internet addrcsscs, with
verbiage kept t a minimum; and
1. The signs shall n t c ntain w rding that is bsccnc, pr fanc, r sexually suggestive, r implies an
bsccnity, pr fanity, r scxual c ntcnt. Signs arc n t intended t bc an advertising medium r scrvc as a
means fpr viding a public f rum f r thc particip nts; and
5. The signs shall n t bc altered r dcc ratcd by the ad ptcr at any time.
C. The erection f a sign is not a requirement f r participati n in the pr gram. If, during the 1 ngth f
thc grccmcnt, sign is m gc , dcstr yc , st lcn, r rcm vc fr m its f un ti n y n ct f
rcinstallati n f a rcm vcd sign is c untcd as a replacement sign crecti n. If the rcplaccmcnt sign is
damaged, destr ycd, st lcn, r rcm vcd fr m its f undati n by an act f vandalism, thc Dcpartmcnt will
crcct see n rc 1 cement sign t c artmcnt c st. If the sec n rc laccmcnt sign is amagc ,
dcstr ycd, st len, r rcm vcd fr m its f undati n by an act f vandalism, thc Dcpartmcnt may rcm vc the
sign if still present, and n replacement sign will be erected.
Scc. 32 1 5. M ificati n r tcrmin ti n f the grccmcnt.
A. The grccmcnt m y cm ific r tcrminatcd at thc iscrcti n f the City A ministr t r.
E. After three years f participati n in the pr gram, an ad pter may terminate the agreement up n
noticc to thc City Administrator.
( r . 118 3, § 1, 2 2 11; r . N . 14829, 8, 8 1 2 11; rd. N . 14991, § 2, 7 1 2 12)
Sces. 32 406 32 499. Rcscrvcd.
ARTICLE XIII. D WNT WN ELECTRICAL SERVICE AREA
Scc. 32 5 . Purp se . - : - _ .
electrical facilities located within thc D wnt wn Electrical Scrvicc Arca.
( r . 157 3, § 1, 1 1 2018)
Scc. 32 5 1. wnt wn Electric 1 Service Arca cst lishc .
There is hereby established the D wnt wn Electrical Service Arca, which includes Capit 1 Avenue fr m
Cherry Street t Adams Street; High Strcct fr m Washingt n Street t Adams Street; and Madis n Street
fr m Capit 1 Avcnuc t Iligh Strect.
(Ord. 15763, § 1, 1-16-2018)
Sec. 32-502. - Permit required.
N crs n sh 11 access the electric 1 wcr f cilitics 1 catc within thc wnt wn Electrical Service Arc
with ut first taining a crmit fr m thc c rtmcnt f Pu lic W rks. If a crmit is rc ucstc f r an
event, then thc event rganizcr shall apply f r and receive the permit f r electrical wcr access f r all f
the event participants.
(Ord. 15763, § 1, 1-16-2018)
Sec. 32 503. Permit fee.
The City Administrat r shall cstablish the fcc f r the permit t access cicctrical p wcr in the D wnt wn
Electrical Service Arca as set f rth in appendix Y.
( rd. 157 3, § 1, 1 1 2018)
See. 32 504. Permit duration.
The permit shall be valid f r up t five c nseeutive calendar days. The permittee must btain an
additi nal permit t use the electrical services f r a durati n1 ngcr than five days.
( rd. 157 3, § 1, 1 16 2018)
Sec. 32-505. - Usage Guidelines.
The Direct r f Public W rks shall pr mulgatc the guidelines and rules f r the usage f cicctrical p wcr
within the D wnt wn Electrical Scrvicc Arca. Any user wh misuses the system shall pay a
reimbursement fcc t the City f $50.00 per h ur incurred by City pers nnel t repair the system r the
actual charge f any c ntract r hired by the City t repair thc system, whichever is greater.
(Ord. 15763, § 1, 1 16-2018)
Scc. 32 50 . Tampering with cicctrical facilities pr hibitcd.
N pers n shall damage, destr y, misuse, r tamper with the electrical facilities 1 cated within the
D wnt wn Electrical Service Area. A vi lati n f this secti n is an rdinance vi lati n punishable by a
fine f up t $1,000.00 r up t 180 days impris nmcnt, r b th.
( rd. 157 3, § 1, 1 1 2018)
Secs. 32 507 32 599. Reserved.
ARTICLE XIV. Mr
OR
. .., . a .
_P _ r __
Scc. 32-600. - Purpose.
Thc urp sc f this sccti n is t est fish the r cticc n r ccdurc f r 1 cement f nncrs n utility
lcs r vcr strccts within ccrt in rcas f the City f Jeffers n.
Scc. 32-601. - Practice.
Thc Dcpartmcnt f Public W rks, under thc dirccti n f thc Dircct r f thc Dcpartmcnt f Public W rks,
sh 11 c thc lc c rtmcnt in the a ministr ti n f this licy.
( rd. 13 00, § 3, 9 2 2003; rd. 15098, § 1, 4-1 2013)
Scc. 32 02. Banncrs n utility p lcs.
A. Rc ucsts f r verhe anncr 1 cement sh 11 c su mittc , in writing, t the De rtmcnt f Pu lie
W rks n t less th n f ur weeks ri r t thc csirc i 1 y cri . Rc uc ting rg nizati ns sh ul
c ntact thc Dcpartmcnt f Public W rks f r an applicati n f rm and instructi ns. Thc applicati n shall be
acc m nic with n install ti n fcc as utlinc in a pen ix Y. Thc inst 11 ti n fcc will c refun c
sh ul thea licati nn t c pr vc .
B. Banners may bc installcd f r thc benefit f n n -pr fit rganizati ns such as, but n t limited t ,
cducati nal instituti ns (at high sch 1 level r higher), associati ns f rmed f r thc purposcs f busincss,
an City r s rc mmissi ns.
C. F r urp scs f this licy, a " is lay peri " sh 11 c nsist f March 7 thr ugh August 14, August
15 thr ugh N vcmbcr 14, and N vcmbcr 15 thr ugh March .
. A lic ti ns will c r vc n first c mc, first scrvc sis cxcc tc s st tc hcrcinaftcr. Tho
ate f rccci t f the rc uirc fccs shall c nstitutc thc a plic ti n tc.
F. All vcrhcad banners shall be installcd under the dirccti n f the Dcpartmcnt f Public W rks.
Requesting rganizati ns may n t install banncrs. Banncrs will n t be installcd until all permits, fees and
appr vals arc in place and the rc ucsting rganizati n has delivered thc nncr t thc Dcp rtmcnt f
Public W rks' administrative fficcs.
F. This pr gram all ws f r inspccti n by the City f existing banners/brackets at an annual c st f
$1 . cr nncr. Sh ul the ircct r f Public W rks ctcrminc th t a anncr nee s t c rc lace r
sh ul the rc ucsting rganiz ti n ch sc t ch ngc a anncr, the c st f r such rc laccmcnt r change
shall bc $10.00 per banncr. Rcm vcd banncrs must bc claimed by thc rganizati n at thc Dcpartmcnt f
Pu lic W rks fficcs n lcss th n tcn usincss ays after thc rganiz ti n receives n ticc f rem val. A
letter mailed t thc rganizati n's registered address will c nstitutc n ticc. Unclaimed banners will o
discarded.
G. rganizati ns will bc required t havc a minimum f cithcr tw banners, r at least five perccnt f
the t tal installed banners, whichever is greater, in reserve f r replacements f damaged banncrs.
H. The rganizati n shall be rcsp nsiblc f r all banncr pr ducti n c sts and must deliver thc banncr t
thc Dcpartmcnt f Public W rks c mpletc and ready f r installati n in acc rdance with thc Dcpartmcnt f
Public Works specifications.
I. The rganizati n will h ld harmless thc City f Jeffers n, Miss uri fr m any damages which may
arisc fr m thc placement f the banner.
1111
.A!•
and /I feet six inches 1 ng; banner must havc a thrcc-inch hem al ng the t p and b tt m edge f r cabling,
slits t rcducc wind 1 ad; banncrs must bc printed n b th sides; banncr may n t include any c mmcrcial
r sponsor 1 g r advcrtisemcnt; and banners must c clean and serviceable. All banners submitted by an
rganizati n f r display during thc same time period must be f the same size.
( rd. 15098, * 2, 4 1 2013)
Scc. 32-603. - Temp rary event banners vcr strccts.
A. thcr pr visi ns f this chapter n t withstanding, tem rary event banners may be erected in
c nnccti n with a specific event acr ss public strccts subject t thc f 11 wing c nditi ns:
1. Banncr may n t bc attachcd t a light r utility p lc.
2. Pennissi n must be btained fr m the pr perty wners n cithcr side f the street where the banner
crosses the street.
3. Ercctien of tho u 1 be—s-tibiect to obtetifting . . of the Dieter of1244ie Works—or-44#
r her csigncc wh m y im sc c n iti ns s t height, m tcri is, nd m nncr f c nstructi n.
4. B nncr m y be u f r a peri d fn m re than f ur days nd m y n t c ut ack up f r three d ys.
5. The temp rary event banner must bc erected by an ass ciati n which has bccn rganizcd f r at least
tw years and with at least 25 dues paying members.
. Thc tcm rary cvent nncr may my advertise thc event, nd m y n t dvcrtisc ny s ccifie
business, individual, r rganizati n.
7. The tcmp rary event banncr must n t interfere with traffic if it is t bc maintained at times when
traffic is passing under it.
8. N less than nc week pri r t placing thc tcmp r ry event nncr, a permit must be tainc fr m
Direct r f Public W rks r his r her designee. Bef re issuing the permit thc Direct r f Public W rks
shall verify that thc nncr c mplics with this sccti n and th t thc applicant meets thc cligi ility
requirements. Fccs shall be as set f rth in a pcndix Y.
Sec. 32-604. - Exceptions.
Thc banners listed in this article arc n t subject t thc dcfiniti ns f banners r advertising devices in
chapter 3 f the C c f the City f Jeffers n.
Sec. 32-605. - Ownership.
The City f Jeffers n shall be the wncrs f any banners placed pursuant t this article but thc City
A ministr t r shall c auth rizc t gift thc nncrs back t the d n r up n their rcm val.
( rd. N . 15813, § , 8 21 2018)
ARTICLE VII. SPECIAL ASSESSMENTS[21
Footnotes:
--- (2) ---
State Law reference— Special assessments generally RSMo § 88.507 et seq.
Sec. 32 38210. - Method of computation.
A. Sub•ect to the •rovisions of subsection B of this section the cost of an work or im•rovement
provided for by articles Ill or 1VII of this chapter that is made or done by contract or by the Director
of Public Works actin ' for the Cit shall be levied as a s . ecial assessment a ' ainst the lot tract or
parcel of land along, abutting and in front of such improvement. The cost of approaches, as defined
in section 32-931, shall be levied as a special assessment against the corner lots with which such
approaches abut and connect. The cost of grading, paving or macadamizing the squares and areas as
formed b the crossin ' or meetin • of streets avenues or alle s or • arts thereof or connections
therewith, shall be paid for by levying a special assessment, as follows: Such areas shall be divided
into • arts or . ortions b lines drawn len thwise alon ' the middle of each street avenue or . art
thereof so intersecting or meeting, and the costs of such parts or portions shall be levied as a special
assessment against the block or square contiguous to each and prorated, in proportion to the front
feet, against the lots or pieces of ground in such block or square fronting or abutting on each of such
intersecting, crossing or meeting streets, avenues or alleys, or parts thereof.
B. If the City Council, by the ordinance authorizing and directing such improvements to be made, shall
provide that all or any portion of such improvements shall be paid for in whole or in part out of the
general revenue funds or other funds which the City has available for such purposes, only such
portion of such improvements shall be paid for through the issuance of special assessments as is
specified in the ordinance authorizing and directing the improvements to be made.
(Code 1977, § 33-37; Ord. No. 13301, 11-5-2001)
Sec. 3249211. - Director of Public Works to make report; assessment; issuance of tax bills.
Upon the completion of any sidewalk or street improvements, or any improvement contemplated in
this chapter, whether made and done by contract or by the Director of Public Works acting for the City as
herein provided, in accordance with the plans and specifications and contract for such improvements and
according to theplans and specifications therefor if the work was done by the Director of Public Works
actin • for the Cit as herein , rovided the Director of Public Works shall com . ute the cost thereof and
apportion such cost among the various tracts and parcels of land changeable therewith, charging each tract
of land with its proportionate part of the cost as required by law. The Director of Public Works shall make
a written report to the City Council that such improvement has been completed in accordance with the
contract for such im s rovement and if the work has been done b the Director of Public Works actin • for
the City, as herein provided, reports that such work has been done according to plans and specifications
therefor, which report shall contain a written description of each tract and parcel of land chargeable with a
part of the cost of such improvement, the amount with which it is chargeable and the name of the owner
thereof. If the Council accepts the work and approves such report, it shall, by ordinance, levy and assess
the cost of the work against the various lots, tracts and parcels of land with its proportionate part of the
cost of such work in accordance with the law relative to such charges, and shall direct the City Clerk to
issue special tax bills in accordance with such ordinance.
(Code 1977, § 33-38; Ord. No. 13301, 11-5-2001)
Sec. 32-40212. - Special tax bills—Contents.
All special tax bills issued to pay for sidewalks, street improvements or any work or improvement
contem • lated in this article shall be issued as • rovided for in cha • ter 1 of the Ci Code.
(Code 1977, § 33-39; Ord. No. 13301, 11-5-2001; Ord. 14977, § 2, 5-21-2012)
Sec. 32-4-1-213. - Special tax bills—Methods of payment.
special tax bill for the construction of any sidewalk shall be paid as provided for in chapter 1 of
the City Code.
(Code 1977,§ 33-40; Ord. 14977, § 3, 5-21-2012)
Sec. 32-42214. - Special tax bills—Records.
The City Clerk shall, on completion of all special tax bills hereinafter issued as provided by sections
32-40212 and 32-44213 record the bill as provided in chapter 1 of the City Code.
(Code 1977, § 33-41; Ord. 14977, § 4, 5-21-2012)
Secs. 32-43215-32-3219. - Reserved.
ARTICLE VIII. MISCELLANEOUS
Sec. 324220. - Street names and widths.
The names and widths of the various streets in the City shall be as now platted and dedicated to the
City, or as have been specifically changed or established by ordinance of the Council, or as may be
hereafter platted and dedicated or established by ordinance.
(Code 1977, § 33-1; Ord. No. 10893, 9-9-87; Ord. No. 13185, § 2, 5-7-2001)
State Law reference— Municipal authority to change street names, RSMo § 77.220.
Sec. 324221. - Closing streets, alleys, etc.
A. Construction or maintenance. The Director of Public Works is hereby authorized to close any public
street, alley, highway, roadway, or sidewalk in the City and withdraw such from public use for such
time as may be required for said construction. Closure may only be granted after notice to the Police
Chief. Any such closure shall address pedestrian access and safety.
B. Other closures. The Chief of Police u s on ivin notice to the Public Works Director is hereb
authorized to close any public street, alley, highway, or roadway in the City and withdraw such
public street, alley, highway, or roadway from public use temporarily for a maximum period of three
days for purposes not identified in subsection A in accordance with the following:
1. The Chief of Police shall promulgate an application form for a street closure request, which
may include the area of street proposed to be closed, all reasons that said street should be
closed the intended use of the street durin • closure and an other information the Chief of
Police may deem appropriate.
2. Upon receipt of an application for street closure, the Chief of Police shall authorize the closure
of the said street unless the Chief of Police finds one of the followin • .
a. There are not sufficient alternate routes available to allow the safe and orderly movement
of traffic through the area; or
b. The closure will unduly interfere with proper fire and police protection of, or ambulance
service to, areas contiguous to such closure; or
c. The closure will require the diversion of so great a number of City employees, including
police officers, that normal City services cannot be provided elsewhere; or
d. Previously approved or annual events scheduled for the same time as the proposed closure
will re • uire the diversion of so • eat a number of Cit em . to ees includin • • olice
officers, that necessary City services cannot be provided to the area proposed to be closed;
or
The street closure is reasonabl likel to cause in'u to . ersons or , ro . ert or
f. The street closure is reasonably likely to cause a negative financial impact to those
businesses adjacent to the closed street; or
g. The requested street closure is longer than necessary to accomplish the purpose behind the
request for street closure. Upon such finding, the Chief of Police may approve a street
closure which is limited to only that time which is necessary for the activity or event; or
h. The purpose for the street closure does not require the closure of the entire area of the
request. Upon such finding the Chief of Police may approve a street closure which is
limited to only that area necessary for the activity or event; or
i. The street closure is being held for the primary purpose of advertising any product, cause,
goods or event for a for profit entity; or
j. The street closure is primarily necessary only to provide convenient parking for an activity
or event.
2. The Chief of Police shall notify the applicant of his determination.
C. Any person using or attempting to use such street, alley or public highway so withdrawn from public
use, or driving or attempting to drive any animal or vehicle thereon, shall be deemed guilty of a
misdemeanoran offence.
D. Any street closing not authorized by this section or by another section of the City Code, or any
closing in excess of the time for closure allowed pursuant to said sections shall require a permissive
use of right of way granted by the City Council.
(Code 1977, § 33-2; Ord. No. 9549, § 1, 11-17-80; Ord. No. 13301, 11-5-2001; Ord. 14871, § 1, 11-7-
2011)
Sec. 324222. - Vacating public rights-of-way.
A . ublic ri • ht-of-wa for an street alle avenue drive boulevard or other . ublic thorou • hfare
may be vacated by ordinance approved by Council. The vacating process may be initiated by Council or
by the following petition process:
1. A written petition signed by two-thirds of the property owners abutting upon the right-of-way
sought to be vacated, accompanied by a description of the involved right-of-way shall be filed
with the Director of Public Works. City Clerk.
2. The petition shall be referred to the City Council.
3. If the Council finds that the petition for vacation should be approved, the proposed vacation
shall be further conditioned upon the passage and approval of an ordinance declaring the
involved right-of-way vacated and discontinued for public purposes.
4. Any easement which is, or which may reasonably be, required for City sanitary sewer or surface
water drainage facilities, or for any gas, water, electrical, telephone or
telegraphtelecommunications facilities or services, whether or not such facilities or services
exist or will be constructed, shall be reserved to and retained by the City in any ordinance
authorizing and approving the vacation of all or any part of the involved right-of-way.
(Code 1977,E 33-3; Ord. No. 10065, § 33-3), 9-19-83; Ord. No. 15505, § 1, 3-21-2016)
State Law reference— Municipal authority to vacate streets, RSMo § 88.637.
Sec. 324223. - Sale etc. of 'oods wares or merchandise u.on .ublic streets.
It shall be unlawful for any person to place or stand for sale or advertising purposes any goods, wares
or merchandise of any kind, directly or indirectly, upon the surface of the improved portion of any street,
alley or roadway within this City, within the parking area which lies between the curb of any street and
the ed ' e of the sidewalk 1 in closest to the curb or u. on the traveled wa of the sidewalk within the
City unless otherwise provided for in City Code.:
(Code 1977, § 33-4; Ord. No. 13313, § 1, 12-17-2001)
Sec. 32-6224. - Obstructing street lamps, etc.
Any person who shall erect or maintain any awning or sign board, or other obstruction, on any
sidewalk or street in such a manner as to obstruct or obscure the light of any street lamp or electric light
within the City shall be deemed guilty of an offence.a misdemeanor.
(Code 1977, § 33-5)
Sec. 32-6225. - Obstruction of streets alle s or sidewalks • enerall .lacin • of red li • hts on obstructions.
A. It shall be a nuisance to encumber any street, alley or sidewalk within the City, by placing or
causing to be placed thereon wood, coal, boxes, crates, merchandise, lumber, brick, stone, gravel,
sand or other articles. Any person may use the streets, alleys and sidewalks in the construction of any
new buildin • or in the removal re . air or alteration of an buildin ' or for the . . ose of . ilin
thereon of building materials or tools; provided, that such person shall first have obtained the written
permission from the Department of Public Works to use such street, alley or sidewalk for such
purpose.
B. Such person shall cause to be placed a sufficient number of red lights on any obstruction placed by
them or under their direction, • • . - ... .. on the street, alley or
sidewalk. The number of the red li • hts shall be determined b the Deartment of Public Works. The
red lights shall be illuminated from thirty minutes prior to sunset until thirty minutes after sunrise.
placed on such obstruction and shall remain there during the following hours:
1. The months of December, January and February, from 5:00 p.m. to 7:00 a.m.
2. During the months of March, April and May from 6:00 p.m. to 6:00 a.m.
3. During the months of June, July and August from 7:30 p.m. to 5:00 a.m.
d. During the months of September, October and November from 5:30 p.m. to 7:00 a.m.
(Code 1977, § 33-6; Ord. No. 13301, 11-5-2001)
Sec. 32226. - Takin • of rock • ravel etc. from or de. ositin • same u. on streets sidewalks etc.
Any person who shall take from or deposit on any street, sidewalk or other public place of the City.
or on property not owned or controlled by him, without having lawful authority so to do, any turf, loam,
gravel, rock or other material shall be deemed guilty of an offence. a misdemeanor.
(Code 1977, § 33-8)
Sec. 32-8227. - Leaving excavations, cellar openings, etc., open or unprotected.
A. If any person in the City shall dig or cause to be dug, or shall make any excavation in or adjoining
an hi • hwa thorou • hfare or other .ublic .lace or shall di ' an well cistern or vault and shall
leave the same open or exposed and without a sufficient fence or other protection around it, or shall
suffer or . ermit an cellar door or • atino. enin. on an hi' hwa or thorou' hfare to be and
remain o. en or in an unsafe or dan • erous condition whereb
ersons ma be in dan • er of fallin ' on
or over cellar door or into such cellar or vault, the person so offending shall be deemed guilty of an
offence. a misdemeanor.
B. Any public officer, or contractor for public work, who shall make an excavation in any street or any
other public place in the City, and who shall not cause the same to be so enclosed or protected as to
prevent persons, animals or vehicles from falling therein, shall be deemed guilty of an offence. a
misdemeanor.
(Code 1977§& 33-9, 33-10
Sec. 32-9228. - Spilling concrete on streets.
Any person within the City who permits any ready mixed concrete to fall upon or spill upon any
street of the Cit exce.t when such read mixed concrete is bein ' deosited u. on a roadwa durin ' the
construction of a street improvement, shall be deemed guilty of an offence. a misdemeanor.
(Code 1977, § 33-11)
Sec. 32 10. Change in grading, paving, etc., necessitating change in location of water pipe, hydrant, etc.;
installation of water pipes, etc., generally.
When any street, bridge or other public place in, upon, over, across or under which any main, pipe,
hydrant, appurtenance or other facility of any person engaged in the business of selling water to the public
has been placed shall be graded, curbed, paved or otherwise changed so as to make relocation or any
change in the existing installation of such mains, pipes, hydrants, appurtenances or other facilities
necessary, such person, his successors and assigns, shall make such necessary change, but the cost of such
change shall be paid one half by such person and one half by the City; provided, that before such person
to the City Council for the establishment of permanent grades, curb lines and sidewalk lines, unless
permanent grades, curb lines and sidewalk lines have already been established, and that such applicant
shall then install such mains, pipes, hydrants, appurtenances and other facilities in accordance with such
permanent grades and lines. The City shall promptly establish such permanent grades and lines upon such
applications, and such mains, pipes, hydrants, appurtenances and other facilities shall not be installed until
such grades and lines shall have been established. An application fee shall be paid. Fees shall be as set
forth in Appendix Y.
(Code 1977, § 33 12; Ord. 14272, § 10, 10 15 2007)
Sec. 3244229. - Depositing snow on public rights-of-way.
A. No person shall deposit or cause to be deposited snow or ice from private parking lots or privately
owned property on, or—against, or in any manner which interferes with the use of a fire hydrant or the
paved portion of any street, alley, sidewalk, trail, or loading or unloading area of public
transportation.
B. No person shall deposit or cause to be deposited snow or ice on unpaved portions of streets or alleys
or on private property in any manner which interferes with the use of fire hydrants or the paved
portion of the sidewalks, streets, alleys, or loading or unloading areas of public transportation.
{Ord. No. 9768,U, 1, 4-5-82)
Sec. 32 12230. - Litter.
A. Each person in the City shall keep the sidewalks, tree wells in sidewalks, gutters, public rest areas
and public alleys in front of and adjacent to any building, tenement, room or real property owned,
occupied, possessed or managed by him, or under his supervision and control, clean and clear of
mud filth dirt debris trash litter and other substances and weeds and • ass and shall also kee
any grass median area between the property line and the street in front of or adjacent to any such
property mowed and free from filth, debris, trash, litter and weeds, and shall also keep the sidewalks
in front of and adjacent to any such property free and clear of any accumulation of snow and ice
which presents a hazard to pedestrians. If any such building abuts directly upon a public street, that
portion of such public street so abutting the building shall be kept clean and clear of filth, dirt, debris,
trash, litter and other substances. Violation of this subsection is a misdemeanor, and any person
convicted thereof shall be fined not less than $50.00, or more than two hundred fifty dollars
($250.00), or shall be sentenced to a term of confinement of not less than one and not more than 90
days in jail, or shall be both so fined and sentenced. Each day that the condition exists in violation of
this subsection constitutes a separate offense.
B. Each person in the City shall further keep any yards, grounds, driveways and any other private,
nonpublic real property owned, occupied, possessed or managed by him, or under his supervision
and control, clean and clear of filth, debris, trash, litter, weeds and other substances. Violation of this
subsection is a misdemeanor, and any person convicted thereof shall be subject to the same penalties
as are prescribed for a violation of the provisions of subsection (A).
C. Each person shall keep any parking lot in the City which is owned or managed by him, or which is
under his supervision and control, clean and clear of filth, debris, trash, litter and other substances.
Violation of this subsection is an offence a misdemeanor, and any person convicted thereof shall be
subject to the same penalties as are prescribed for a violation of the provisions of subsection (A).
D. It is .lawful for an . erson . . osel or otherwise to throw .lace or deosit or to cause to be
thrown, placed or deposited, upon any public street, alley, sidewalk, tree well in sidewalks, gutter,
rest area or public property of any other kind or description, or upon private property of any kind or
character, or in any stream bank, stream or body of water, any garbage, filth, debris, trash, rubbish,
litter of any other kind, nature or description, offal, animal carcass or parts thereof, unclean water, or
other substances, materials or objects declared to be a nuisance, other than in proper containers or
receptacles designed and authorized for such purpose. Violation of this subsection is an offence, a
misdemeanor, and any person convicted thereof shall be fined not less than $50.00, or more than
$500.00, or shall be sentenced to a term of confinement of not less than one and not more than 90
days in j ail, or shall be both so fined and sentenced. Notwithstandin ' the fore • oin ' if an . erson is
convicted of a violation of this subsection, and if the court finds that the violation occurred while the
person was the driver or occupant of an automobile, truck or motor vehicle of any other description,
whether said vehicle was then moving or at rest, then the minimum fine for the violation shall be
$25.00, and the minimum sentence of confinement shall be one day, and the maximum fine and
sentence shall be as set forth in this subsection.
E. No . erson shall deosit an trash rubbish or solid waste from an household in an container or
receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians or
the general public. Violation of this subsection is an offence. a misdemeanor.
No . erson who owns or mana ' es or who is em lo ed b a commercial establishment or institution
shall eposit trash, rubbish or solid waste from that establishment or institution in any container or
receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians or
the general public. Violation of this subsection is an offence. a misdemeanor.
G. Any_police officer,, property inspector, or
of Public Works and any employee of the City parking and traffic authority who has the authority to
issue tickets .. - • •
..• , shall have authority to enforce the provisions of this section,
includin • the issuance of tickets citations and summons to a.. ear in court.
Ord. No. 9422,§ 1, 5-5-80; Ord. No. 9602 § 1, 2, 5 5-80; Ord. No. 13301, 11-5-2001)
Cross reference— Materials escaping on roadway, § 19-314; vehicle load restrictions, § 19-315; solid
waste, ch. 30; prohibited practices, § 30-19.
Sec. 32 13231. - Connection of private roadways to public streets.
No person shall connect any roadway to any street owned or controlled by the City without the
permission of Director of Public Works which such permission shall only be given if the Director
determines that the area to be served by the new roadway is substantially within the corporate boundaries
or the owners of all properties to be served by the new roadway sign an irrevocable agreement, binding on
their successors and assigns, to be annexed whenever the property becomes eligible for annexation in a
form approved by the City. For the purposes of this section, the term "new roadway" shall mean the
roadway which will be connected to an existing City street. The City Administrator is hereby authorized
to negotiate and execute on behalf of the City the agreements called for in this section so long as the City
is not thereby obligated in an amount on any one agreement in excess of $25,000.
(Ord. No. 13881, § 3, 5-16-2005)
Sec. 32 14. Pedestrian control signs.
Whenever special pedestrian control signals exhibiting the words "Walk" or "Don't Walk", or
appropriate symbols of a walking person or upraised hand are in place, such signals shall indicate a:,
follows:
A. "Walk" or symbol of a walking person, pedestrians facing such signal may proceed across the
roadway in the direction of the signal and shall be given the right of way by the drivers of all
vehicles;
B. "Don't Walk" or symbol of an upraised hand, no pedestrian shall start to cross the roadway in
the direction of such signal, but any pedestrian who has partially completed his crossing on the -
walk signal shall proceed to a sidewalk or safety zone while the wait signal is showing;
C. Flashing "Don't Walk" or flashing symbol of an upraised hand, no pedestrian shall start to cross -
the roadway in the direction of such signal, but any pedestrian who has partially completed this
crossing on the "Walk" or symbol of a walking person signal shall proceed to a sidewalk or
safety island while the flashing "Don't Walk" signal or flashing symbol of an upraised hand is
showing.
(Ord. No. 14651, § 1, 3 15 2010)
Secs. 32 15 32 23. ReserveSec. 32-102232. - Privately owned, operated, and maintained pole lighting.
A. Upon proper application for permissive use of right-of-way and approval of the City Council,
privately owned, operated and maintained pole lighting may be installed on the City right-of-way.
All expenses, such as cost of lighting, installation, maintenance, and power shall be at the expense of
the owner.
B. Poles, light fixtured and globes and the location and installation thereof are subject to approval of
the Department of Public Works. Illumination shall be in accordance with Section 35-57 of the City
of Jefferson Zoning Code. and generally shall conform to the following standards when located with
Pole style
Victorian fluted, tapered
Pole height
10' minimum
Pole material
Cast aluminum
Pole color
Satin black
Pole
accessor
ies
Access panel, with interior anchor lug;
Globe style
Acorn
Glebe
material
Opaque plastic
Illumination
Illumination shall be in accordance with section 35 57 of the City of Jefferson Zoning
Ordinance, generally not to exceed 0.20 foot candles in all zoning districts, except C
2, 1 and 2 where up to 0.30 foot candles are allowed.
1. The base of the globe shall be a minimum of ten feet above ground level.
2. For poles with multiple light fixture arms, the lowest part of the fixture arm shall be a minimum of
cight feet above ground level.
3. Pole bases shall be installed in accordance with the standards established by the Department of
Public Works and shall be located two feet behind the curb.
C. If the owner fails to properly install, operate, or maintain the pole lighting, the Director of the
Department of Public Works (Director) may give seven days' notice to the owner to correct any
deficiencies. If the deficiency is not corrected within seven days or reasonable steps to effectuate a
correction are not commenced and diligently pursued within said seven-day period, the pole lighting
may be removed by the City at the expense of the owner and permissive use of right-of-way may be
revoked. If the Director determines that the condition of the pole lighting constitutes a hazard to
public safety, the City may remove the pole lighting without advance notice to the owner and at the
owner's expense, and the permissive use of the right-of-way may be revoked.
D. No application shall be approved unless the owner executes a written agreement, approved by the
City Counselor, containing terms and provisions consistent with these guidelines.
E. Fees for a privately owned pole lighting plan shall be as set forth in appendix Y.
(Ord. 13620, § 1, 9-15-2003; Ord. 14272, § 10, 10-15-2007)
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: � �-I�''� / 2O O
Oimui
Presiding Officer
ATTEST:
Approved
Mayor Carrie Tergin
APPROVED AS TO FORM:
City 'o selor