Chapter 3 - Public Places and Property
Chapter 3 - Public Places and Property
ARTICLE 1 - Construction and Repair
3.0101 Supervision
All construction maintenance and repair of public streets, alleys, sidewalks and other public ways shall be under the supervision of the superintendent of streets and utilities. He shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is hereby authorized to enforce such ordinance.
3.0102 Construction and Repair - Permits
It shall be unlawful to construct, reconstruct, alter, grade, or repair, any public street, sidewalk, driveway, curbs, gutters, or retaining walls, without having first secured a permit therefore, unless said work is performed by employees of the city streets and utilities department. Applications for such permits shall be made to the city auditor and shall state the location of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction work. No such permits shall be issued except where the work will conform to the ordinances of the city.
3.0103 Specifications
All construction, maintenance and repair herein shall be made in conformity with specifications laid down or approved from time to time by the city council.
3.0104 Duty of Owner to Maintain
It shall be the duty of the owner of any property along which a sidewalk has been constructed to maintain the same in good repair and safe condition. Should any such owner fail to so maintain such sidewalks the superintendent of streets and utilities shall direct him to make such repairs as may be necessary to restore such sidewalk to a safe condition. Should he fail, within a reasonable time, to follow the directions of the superintendent of streets and utilities the superintendent shall report the facts to the city council who shall then proceed, as provided in the laws of the state of North Dakota, to make such sidewalk safe.
3.0105 Application for Permit
An applicant for a permit hereunder shall file with the city auditor an application showing:
1. Name and address of the owner, or agent in charge, of the property abutting the proposed work area.
2. Name and address of the party doing the work.
3. Location of the work area.
4. Attached plans or sufficient sketches showing details of the proposed alterations.
5. Estimated cost of the alterations.
6. Such other information as the superintendent of streets and utilities shall find reasonably necessary to the determination of whether a permit should be issued hereunder.
3.0106 Standards for Issuance of Permit
The auditor shall issue a permit hereunder upon approval of the superintendent when he finds:
1. That the work will be done according to the standard specifications of the city for public work of like character.
2. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress and egress to and from the property affected and adjacent properties.
3. That the health, welfare and safety of the public will not be unreasonably impaired.
3.0107 Sidewalks Built to Grade
All sidewalks shall be constructed in accordance with the elevation and grade, therefore to be furnished by superintendent of streets and utilities, and shall be constructed under his direction and supervision.
3.0108 Width of Sidewalks
All sidewalks hereafter constructed within the limits of the city of Lakota shall be constructed of concrete with the following widths:
1. All sidewalks in the residential district shall be constructed five feet in width and shall have a minimum slope 1/4 inch per foot from the inside edge toward the street.
a. In locations where the right-of-way width is sixty (60) feet or less the sidewalks shall be constructed on the property line.
b. In locations where the right-of-way width is greater than sixty (60) feet the sidewalk shall be constructed twelve (12) inches out from the property line.
c. In no case in the residential district shall the sidewalk be constructed adjacent to the curb unless right-of-way width or topographic features require it and then only with specific approval of the governing body.
2. All sidewalks in the commercial and/or industrial districts shall be constructed from the property line to the back of the curb and the width of sidewalk shall be governed by the width of street section.
a. In areas where commercial development is not complete the entire sidewalk need not be constructed. A section six (6) feet in width adjacent to the curb shall be constructed thus leaving an area for structural foundations.
3.0109 Materials and Manner of Construction
The city auditor shall receive bids for the construction of sidewalks, driveways, curb and gutter and paving repair as the city may find necessary to have done. Such bids shall conform to specifications approved by the governing body.
All sidewalks, driveways, curb and gutter, and alley returns lying between the property line and the abutting street hereafter constructed within the City of Lakota must conform to this chapter, and the specifications approved by the city council. When any contract for the construction of sidewalks, driveways, curb and gutter, relaying of block walks, and paving repairs is about to be entered into by the City in accordance with the provisions of the laws of this state, the contractor to whom any such contract shall be awarded shall be required, before such contract is entered into, to give, in addition to the contract bond required by the laws of the State of North Dakota, an additional bond in an amount to be determined by the city council running to the City of Lakota, conditioning that said contractor shall maintain and keep in good repair, for a period of two (2) years from date of final acceptance all sidewalks, driveways, curb and gutter, and paving repairs so constructed by such contractor under the terms of such contract, and that in case of default under the part of such contractor to so maintain and keep such improvements in good repair made by him for the said period of two (2) years, or in case they shall within said time begin to crumble or disintegrate or become cracked or broken to such an extent that, in the opinion of the superintendent of streets and utilities, the same is not a satisfactory compliance with the specifications for the construction thereof, then the City Council may direct that such sidewalks, driveways, curb and gutter, or paving repairs be immediately repaired or relaid in whole or in part as they shall deem best, and the contractor shall immediately cause the same to be repaired or relaid; and in the case of the contractor's neglect, refusal or failure so to repair or to relay the same, the city, at anytime within said two (2) year period, or thereafter, may cause the same to be repaired or relaid, and the cost thereof, whether done by the City directly or through a contractor, may be recovered against said contractor and the surety upon such bond. Any person desiring to engage in the business of constructing paved driveways, sidewalks, curbs or retaining walls in or along the streets and alleys shall make application to the city auditor for a license to do such work, and shall present with his application evidence of experience and competency in such work. If upon examination of such evidence the city auditor is satisfied as to the experience and competency of the applicant, he shall approve his application, which shall be filed with the city auditor together with a surety bond approved by the city council for the execution of all work in strict conformity with the provisions of this chapter and the protection, indemnification and saving harmless of the city of Lakota from any or all loss, claim, suit or damages, direct or consequences, which the city may sustain through violation of any of the provisions of this chapter, by the license holder, or through negligence of the license holder, or in any other manner whatsoever, Upon the filing of the application and bond, the city auditor shall issue a license to the applicant.
ARTICLE 2 - Use and Care of Streets, Sidewalks and Public Places
3.0201 Obstructions
It shall be unlawful for any person, firm or corporation to cause, create or maintain any obstruction of any street, alley, sidewalk, or other public way, except as may be specified by ordinance or by the superintendent of streets and utilities.
3.0202 Encroachments
It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property.
3.0203 Openings
It shall be unlawful to construct or maintain any opening or stairway in any public street or sidewalk or alley without a permit from the City Council. All such lawfully maintained openings shall be guarded by a suitable strong cover or railing to be approved by the superintendent of streets and utilities.
3.0204 Wires
It shall be unlawful to erect any poles or wires or maintain any poles or wires over any public place, street, alley or other public way without having first secured permission from the city council.
Any person or company which maintains poles and wires in the streets, alleys or other public places, shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees and shrubs in such places as far as may be possible, and keep all such trees and shrubs near such wires and poles property trimmed, subject to the supervision of the superintendent of streets and utilities, so that no injury shall be done either to the poles or wires or to the shrubs and trees by their contact.
3.0205 Deposits
It shall be unlawful to deposit on any street or public place any material which may be harmful to the pavement or surface thereof, or which may do injury to any person, animal or property or render the same unclean or a nuisance.
3.0206 Burning
It shall be unlawful for any person, firm or corporation to burn any leaves, paper, rubbish or other substances upon any of the public streets, sidewalks, or alleys in the city.
3.0207 Distributing of Hand Bills, etc.
The scattering, throwing, or placing of bills, posters, advertising matter, handbills, and other similar matter on lawns, porches, yards, sidewalks, steps, streets, alleys or public ways or in or upon automobiles while parked on the streets, alleys or public ways, or public parking lots in the City of Lakota, by any person, firm, partnership, association or corporation, is hereby declared to be a nuisance and unlawful, unless granted permission by the city council.
3.0208 Heavy Vehicles
No person, firm, or corporation shall move, or cause to be moved, over the paved streets, sidewalks, crosswalks, culverts, bridges, or viaducts, within the City of Lakota, any engine, tractor, wagon, true or other vehicle, object, or thing, which will tend to injure the paving, sidewalks, crosswalks, culverts, bridges or viaducts over which the said are transported, or any vehicle, to the wheels of which are attached bars, angle irons, or cleats which will tend to mar or deface the paving, sidewalks, culverts, bridges or viaducts, except under the direction and permission of the city council and, in addition thereto, shall pay or cause to be paid to said city, upon demand, any and all damages done to the paving, sidewalks, crosswalks, culverts bridges, or viaducts. The city council by resolution adopted and made public, may establish loads limits for such period of time it may deem necessary. The provisions of this section shall not apply to state and federal highways through the city.
3.0209 Impounding vehicles
Any vehicle found to have been moved or used upon any paved or asphalt streets within the city of Lakota at a weight exceeding the limitations specified in 3.0208 or Amendments thereto, may be impounded by any peace officer and taken to a warehouse or garage for storage.
3.0210 Impounding Receipt
A receipt shall be given by the officer impounding the vehicle, to the driver or person in charge of such vehicle. Such receipt shall identify as nearly as possible, the owner of the vehicle and the cargo, the driver or person in charge of such vehicle, the place where the vehicle is to be stored during impoundment, the weight of the loaded vehicle and the name of the impounding officer.
3.0211 Impounding Notice-Perishables
The impounding officer shall notify the owner or owners, if they can be found, by wire or telephone, of the impoundment and the charges involved. If the cargo consists of perishables, the impounding officer shall use reasonable diligence in assisting the operator or owner in finding suitable storage facilities for such perishables, but all risk of loss or damage to such perishables shall be upon the owner, operator or lessee of such vehicle.
3.0212 Civil Complaint
The mayor or such other person as appointed by him, shall, with the assistance of the city attorney, immediately prepare and file a civil complaint for the purpose of recovering charges for the extraordinary use of the paved or asphalt streets.
3.0213 Service of Complaint
A copy of the complaint shall be served upon the driver or person in charge of the vehicle and a copy shall be sent by registered or certified mail to the owner of the vehicle, if the address of such owner is known.
3.0214 Cash Bond
Unless a cash bond shall be furnished in an amount sufficient to cover the charges for extraordinary use of the paved or asphalt streets, according to State DOT regulations, together with the costs, such vehicle with its cargo shall be held until a trial of the case can be held.
3.0215 Removal of Snow and Ice from Sidewalks
It shall be, and hereby is declared to be, the duty of the owner or occupant of each lot in the city of Lakota to remove from the sidewalk in front of or along the same, any ice or snow which forms, accumulates or obstructs such sidewalk, within twenty-four (24) hours after the ice forms, or the snow ceases to fall thereon; provided, however, that where the ice accumulated is of such character as to make the removal thereof practically impossible, the sprinkling of such materials thereon within the time specified for removal in such manner as to make such sidewalk safe for the travel of pedestrians thereon, shall be deemed a compliance with the provisions of this article.
3.0216 Removal of Snow and Ice by City
In case the owner of any lot in the city refuses or neglects to remove such ice from such sidewalk in front of or along a lot therein, the ice or snow therefrom within the time above stated or refuses to sprinkle such materials on the same within the time specified for removal in such manner as to make such sidewalk safe for travel of pedestrians thereon, the same may be removed by or under the direction of the superintendent of streets and utilities, or such materials sprinkled thereon and the necessary expenses there of shall be charged against the abutting property by special assessment thereof in the manner prescribed by law.
3.0217 Street Cleaning - Snow Removal
Whenever, in the judgment of the city council or the superintendent of streets and utilities, it shall be necessary that streets, alleys or public ways in the City be cleaned of snow or ice or be cleaned by the use of street sweepers or other methods of cleaning such streets, or for marking for traffic purposes, the ordinances of the City regulating the parking of automobiles, trucks and other motor vehicles shall be suspended and it shall be unlawful for any automobile, truck or other motor vehicle to be parked or left standing between the hours hereinafter mentioned and during the period of time during which the said parking ordinances are suspended.
3.0218 Street Cleaning - Notice
Whenever it becomes necessary to remove snow or ice or to sweep and clean streets, or to mark streets for traffic purposes in the city there shall be designated by the superintendent of streets and utilities the area and streets to be cleared of snow or ice or cleaned as aforesaid and the time during which such snow and ice removal and street cleaning shall be done and posting of such information in the area affected.
3.0219 Violation of 3.0218
Whenever any parked automobile, truck, machinery, vehicle, or equipment shall be found in any place prohibited by these restrictions, and during the hours as provided herein, the same shall be reported to the chief of police by the superintendent of streets and utilities, The chief of police shall then issue a parking citation as prescribed by law.
3.0220 Blocking Streets
No driver of any vehicle shall stop the same on any street, avenue, lane, or alley of the city in such a manner as to hinder or prevent other vehicles or persons from passing at all times, unless in case of absolute necessity, nor shall any driver of any vehicle stop the same at any regular crossing or said street, alley, lane, or avenue, so as to prevent the free passage of persons traveling or passing on foot.
3.0221 Excavations - Permit
It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place in the city without having obtained a permit as is herein required, or without complying with the provisions of this article or in violation of or variance from the terms of any such permit.
3.0222 Excavations - Application
Applications for such permits shall be made to the city auditor, and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose thereof, and the person, firm or corporation doing the actual excavating work and the name of the person, firm or corporation for whom or which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.
3.0223 Excavations - Bond
No such permit shall be issued unless and until the applicant therefore has filed with the city auditor a bond for the amount of the project cost conditioned to indemnify the city for any loss, liability or damage that may result or accrue from or because of the making, existence, manner of guarding or constructing any such tunnel or excavation. Such bond shall have as surety a corporation licensed to do business in the state as a surety company.
3.0224 Excavations - Deposit
No such permit shall be issued unless and until the applicant therefore has deposited with the city auditor a cash deposit or bond in the sum of the project cost if no pavement is involved, and if the excavation is in a paved area, to insure the proper restoration of the ground and laying of the pavement if any. From this deposit shall be deducted the expense to the city of relaying the surface of the ground or pavement and of making the refill if this is done by the city or at its expense, and the balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored.
3.0225 Excavations - Manner Of
It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefore. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavations the excavation shall not have anywhere below the surface any portion when extends beyond the opening at the surface.
No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables, or conduits or to the city department or office charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed.
No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.
3.0226 Excavations - Restoration
Any person, firm or corporation making any excavation or tunnel in or under any public street, alley or other public place in the city shall restore the surface to its original condition if there is no pavement there. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground.
Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant, in compliance with the ordinances of the city and under the supervision of the superintendent of streets and utilities.
3.0227 Excavations - Supervision
The superintendent of streets and utilities shall from time to time inspect or cause to be inspected, all excavations and tunnels being made in or under any public street, alley or other public place in the city to see to the enforcement of the provisions of this article. Notice shall be given to him at least ten hours before the work of refilling any such tunnel or excavation commences.
ARTICLE 3 - Unclaimed and Abandoned Property
3.0301 Unclaimed and Abandoned Property - Defined
Personal property left upon the streets, alleys or other public ways in the city shall be deemed to be unclaimed or abandoned within the meaning of this article when the same is permitted to remain in any one place upon said streets, alleys or other public ways for a period of ten (10) days or more.
3.0302 Unclaimed and Abandoned Property - Seizure of
Whenever any unclaimed or abandoned personal property is found upon the streets, alleys or other public ways of the city, the same may be seized and possession thereof taken by any police officer or superintendent of streets and utilities.
3.0303 Unclaimed and Abandoned Property - Holding - Notice and Sale
Such personal property as aforesaid shall be held by the city for a period of not less than sixty (60) days, after its seizure as provided herein and, after the expiration of said sixty (60) days the city auditor shall cause notice to be published in the official paper of said city, and notice specifying and stating the description of the property so seized and held, the location of the place where the same was seized or taken by said city, and a further notice that said property will be sold, at public auction, to the highest bidder for cash, not less than fifteen (15) days from and after the date of the publication of such notice and the hour, date and place where said sale will be held.
3.0304 Unclaimed and Abandoned Property - Report of Sale
At the time specified in said notice the said property shall be sold by the chief of police of the city or by any police officer designated by him, at public auction, to the highest bidder for cash and within three (3) days after the date of said sale, the officer making the sale shall make a report thereof to the city council which report shall contain the description of the property sold, the time and place of the sale, the name or names of the purchaser or purchasers and the amount received therefore. Said report shall be made under oath and subscribed by the officer making such sale and shall be filed with the city auditor within three (3) days after the date of such sale and such officer, with said report, shall pay to the city auditor the proceeds of said sale.
3.0305 Unclaimed and Abandoned Property - Bill of Sale
Upon the receipt of the report as specified in Section 3.0304 hereof the city auditor shall prepare a bill of sale of the property sold, conveying the same to such purchaser and the same shall be executed by the presiding officer of the governing body and attested by the city auditor and delivered to the purchaser.
3.0306 Unclaimed and Abandoned Property - Proceeds of Sale
The city auditor shall retain the same in a separate account for a period of six (6) months from and after the time of such sale and if the proceeds of such sale are not claimed as hereinafter provided, by the owner of said property, the said money shall thereupon be transferred to the general fund of the city.
3.0307 Unclaimed and Abandoned Property - Redemption
Any person owning such personal property seized as aforesaid, may at any time prior to the sale thereof, upon furnishing satisfactory proof of his ownership thereof to the governing body, reclaim such property upon paying the expenses incurred by the city for the seizure, storage or advertising the sale thereof and any person owning such property as aforesaid may at any time within six (6) months after such sale and upon making satisfactory proof to the governing body of his ownership thereof, claim the proceeds of such sale, upon payment to the city of the necessary expenses incurred by the city for the seizure, storage and sale of said property.
ARTICLE 4 - Street Names
3.0401 Street Names
The official names of the streets of the city of Lakota are hereby and henceforth to be as marked on the map, City of Lakota, prepared by Richmond Engineering Incorporated, an official copy of which is included as attachment #1 to this article. Also included, for official historical record, is the map, City of Lakota, sheet 68-008, as attachment #2.
Street names previously used, as marked on attachment #2, and changed by this article, as marked on attachment #1, are as follows:
Previous Name New Official Name
Second Street Main Street
First Street 2nd Street East
Cleveland Street 3rd Street East
Lincoln Street 4th Street East
Garfield Street & Eastern Avenue 5th Street East
Third Street 2nd Street West
Fourth Street 3rd Street West
Fifth Street 4th Street West
Sixth Street 5th Street West
Seventh Street 6th Street West
Division Avenue 7th Street West
First Avenue 8th Street West
Second Avenue 9th Street West
South Street 4th Avenue SW (West of Main)
4th Avenue SE (East of Main)
Barrett Avenue & 3rd Avenue SE 3rd Avenue SW (West of Main)
3rd Avenue SE (East of Main)
Metcalf Avenue & 2nd Avenue SE 2nd Avenue SW (West of Main)
2nd Avenue SE (East of Main)
South Avenue 1st Avenue SW (West of Main)
1st Avenue SE (East of Main)
Howard Avenue “A” Avenue West (West of Main)
“A” Avenue East (East of Main)
Hill Avenue “B” Avenue West (West of Main)
“B” Avenue East (East of Main)
First Street (Osborne Addition) & Steven Avenue “C” Avenue West (West of Main)
“C” Avenue East (East of Main)
Central Avenue (Osborn Addition) “D” Avenue West (West of Main)
& Lakota Avenue & Center Avenue, East Lakota “D “Avenue East (East of Main)
Myrtle Avenue “E” Avenue West (West of Main)
“E” Avenue East (East of Main)
Arthur Avenue & McKenzie Street “F” Avenue West (West of Main)
“F” Avenue East (East of Main)
North Avenue “G” Avenue West (West of Main)
“G” Avenue East (East of Main)
3.0402 House Numbering Required
All lots, buildings and structures in the city shall be numbered in accordance with the following plan:
Buildings facing the north side of the avenues are even-numbered.
Buildings facing the south side of the avenues are odd-numbered.
Buildings facing the west side of the streets are odd-numbered.
Buildings facing the east side of the streets are even-numbered.
The first digit of buildings facing avenues shall be determined by the number of blocks from Main Street.
The first digit of buildings facing streets shall be determined by the number of blocks from the railroad tracks running east and west.
The railroad tracks shall divide North to South.
Main Street shall divide East to West.
3.0403 Numbers on Houses, Apartments and Places of Business
It shall be the duty of the owner and occupants of every house, apartment and place of business in the city to have placed thereon, in a place visible from the street, figures at least two and one-half (2 ½) inches high, showing the number of the house, apartment, or place of business.