Note: The legislative history of this Chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.
CROSS REFERENCES
Sidewalk construction: appeals, CO Ch 505
Unloading waste on sidewalks, CO 551.26
No person shall erect any street clock upon the sidewalks of the City except pursuant to a permit issued by the Director of Public Service.
(Ord. No. 549-54. Passed 11-8-54, eff. 11-12-54)
Upon the payment of a fee of twenty-five dollars ($25.00) a street clock permit may be issued by the Director of Public Service, to the owner, proprietor or manager of any building to erect and maintain upon the sidewalk in front of such building, if the sidewalk is not less than fifteen feet in width, a street clock having a dial not less than thirty nor more than forty inches in diameter supported upon a post of ornamental design, the total height of which street clock and post shall be not less than fifteen nor more than twenty feet, and located not more than two feet from the outer edge of the curb and not less than twenty feet from the curb of any intersecting street. No such permit shall be issued unless and until the Planning Commission approves the design and location of the street clock, and the applicant has filed a bond or policy of insurance satisfactory to the Director of Law, indemnifying and saving harmless the City from any and all liability for injury to persons or property arising from the erection and maintenance of such street clock. Any such permit shall be revocable at the will of Council and shall not be construed to grant any property right in derogation of the public rights in the streets of the City.
(Ord. No. 549-54. Passed 11-8-54, eff. 11-12-54)
Any street clock erected or maintained in violation of the provisions of Sections 507.01 or 507.02 shall be deemed a nuisance and shall be abated by the prompt removal thereof by the Director of Public Service at the cost and expense of the owner of the abutting property.
(Ord. No. 549-54. Passed 11-8-54, eff. 11-12-54)
No person shall drive or cause to be driven or hauled any vehicle of any kind over any sidewalk other than a driveway without first obtaining a written permit from the Director of Public Service.
The permit required under Section 507.04 shall be issued by the Director of Public Service only upon the deposit of a sum not less than two hundred dollars ($200.00), as he shall determine sufficient to pay any and all claims for damages to the sidewalk, including the sidewalk in front of the adjoining building or premises. The deposit or the balance thereof remaining after deducting the cost of any damage to the sidewalk and that of the adjoining premises shall be returned to the permit holder.
(Ord. No. 856-49. Passed 6-13-49)
(a) No person shall place or cause to be placed any object or property so as to obstruct the public's use of any sidewalk without first obtaining a sidewalk obstruction permit from the Director of Public Service.
(b) An application for a sidewalk obstruction permit shall contain the following information:
(1) The name of the applicant;
(2) The location of the proposed obstruction;
(3) The purpose of the obstruction;
(4) The proposed commencement date, time and estimated duration of the obstruction; and
(5) A pedestrian maintenance traffic plan.
(c) The application shall be accompanied with the fee established from time to time by the Board of Control and evidence of a public liability insurance policy issued by an insurer authorized to transact business in Ohio, in an amount not less than $1,000,000.00, listing the City of Cleveland as an additional insured.
(d) The Director may deny or revoke a sidewalk obstruction permit whenever the Director finds:
(1) The applicant has previously violated the provisions of a sidewalk obstruction permit or has submitted materially false or incomplete information on any sidewalk obstruction permit application; or
(2) The obstruction would unreasonably interfere with another obstruction for which a permit has been issued; or
(3) The time, place or size of the obstruction would unreasonably interfere with public convenience and safe use of the sidewalk;
(4) The obstruction would unreasonably interfere with the movement or service capability of emergency or service vehicles; or
(5) The obstruction would unreasonably interfere with a construction project.
(e) Whoever violates division (a) of this Section shall be fined not less than one hundred dollars ($100.00).
(f) This section shall not apply to any person that has been issued a permit under the following Chapters of the Codified Ordinances:
(1) Chapter 133 relating to special events;
(2) Chapter 411 relating to parades;
(3) Chapter 508 relating to sidewalk occupancy for vendors in the Central Business District;
(4) Chapter 513 relating to outdoor restaurants;
(5) Chapter 670B relating to pay telephones;
(6) Chapter 675 relating to peddlers and produce dealers;
(7) Chapter 680 relating to newspaper boxes; or
(8) Chapter 3109 relating to encroachment permits.
(Ord. No. 1170-03. Passed 7-16-03, eff. 7-23-03)
In the following district: beginning at the shore line of Lake Erie on the line of E. 20th St., extending southerly along the line of and including E. 20th St., to St. Clair Ave., N.E., easterly along St. Clair Ave., N.E., to E. 21st St., southerly along E. 21st St. to Euclid Ave., easterly along Euclid Ave. to E. 22nd St., southerly along E. 22nd St. to Broadway, S.E., northerly on Broadway, S.E., to Central Ave., S.E., westerly on Central Ave., S.E., to Canal Rd., northerly and westerly on Canal Rd. to Columbus Rd., northerly on Columbus Rd. to Superior Ave., N.W., thence northerly on W. 10th St. to the southerly shore of Lake Erie; any person, partnership, firm or corporation doing business may place and maintain a permanent showcase for the display of goods, wares and merchandise sold by them. Nothing in this section shall be construed to prevent the moving of goods, wares or merchandise, across any sidewalk in the way of trade, or for the use of families, and provided further, that none of the terms of this section shall be construed to permit merchandise, goods, shipping cases or other material on any sidewalk at night, on Sundays or legal holidays, or any time when the person, firm or corporation, owning or controlling the property fronting on the sidewalk, has closed its place of business or ceased the actual work of shipping or receiving merchandise, goods, shipping cases or other material.
The provisions of Sections 507.04 to 507.07 shall in no way apply to that part of the City known as market districts, nor to the placing and maintaining of barber poles on the sidewalks of the City which shall be regulated by the Building Code, nor shall the provisions of such sections be construed as repealing or modifying any provisions of the Building Code regulating the use of sidewalks in connection with building operations.
Where the elevation or topography of any lot or parcel of land abutting upon a sidewalk is such in relation to the sidewalk that earth, stone, sand or gravel slide, fall or are carried upon such sidewalk by force of gravity or by action of water, the owner or person in charge or control of such lot or parcel of land shall within twenty-four hours after the depositing of such matter upon the sidewalk, remove or cause the same to be removed. If by reason of the elevation or topography of such lot or parcel of land a recurrence of such obstruction or nuisance upon the sidewalk is probable or reasonably to be anticipated, the owner or person in charge or control of such lot or parcel of land shall construct upon his land such suitable retaining wall or other device as will effectually prevent such recurrence.
No owner, agent, employee or other person shall open or remove, or permit anyone to open or remove the cover of any coal hole or grating in any sidewalk, or raise or permit anyone to raise any elevator or lift, or open or permit anyone to open the doors or other device covering any aperture in any sidewalk within the City, without first placing upon the sidewalk, all around the coal hole, elevator, lift, doors or other devices used to cover such aperture, a railing or other suitable structure or obstruction not less than three feet high, and sufficient to protect and to warn foot passengers that the aperture is to be opened. During the whole time the aperture remains open it shall be protected by the railing, structure or obstruction, as stated herein and the railing, structure or obstruction shall be immediately removed when the aperture is closed.
No owner of real property within the corporate limits of the City nor any agent having control of the same shall permit any gate to be or to remain so constructed as to enable the same to be swung over or across any portion of the sidewalk in front of such premises unless such gate is hung on self-closing hinges or has attached thereto weights, springs or other devices, so that such gate shall swing back from the sidewalk and not obstruct the same.
No person shall raise up from any street, sidewalk, wharf or place of public resort within the City, any cask, bale of goods or other articles of merchandise into the second or higher story of any house, store or other building upon or adjoining the same, and on the outside of the building, and no person shall deliver from the second or any higher story of any house, store or other building, on the outside of the same, which adjoins upon any street, sidewalk, wharf or place of public resort within the City, any cask, bale of goods or other article of merchandise, except at such times and places, and under such restrictions and limitations as the Director of Public Service shall authorize and direct. However, this shall not be construed to extend to raising any materials or other articles which may be necessary in erecting, repairing or taking down any building, or for removing any merchandise or other article, in case of danger by fire or other inevitable casualty.
Every owner, occupant or person having charge of any tenement, building, lot or land fronting on any avenue, street, alley or other public highway of the City, shall clear the whole sidewalk in front of the tenement, building, lot or land, of snow and ice, before 9:00 a.m. of each day; provided, that if the sidewalk in front of the tenement, building, lot or land is not flagged or paved, a pathway thereon shall be cleared of ice and snow to the width of at least five feet. If from any cause it is impossible to remove all the snow and ice which may adhere to such sidewalk, then every such owner, occupant or person having charge shall cover the snow or ice as shall so remain with such coating of ashes, sand or other substance as may be necessary to render travel safe and convenient. Every owner, occupant or person having charge of any tenement, building, lot or land fronting upon any avenue, street, alley or other public highway of the City, shall keep the entire width of the sidewalk, from curb to lot line, free and clear of all earth, sand, brick, stone, rubbish, dead trees and dead branches of trees, or other material which from any cause whatever has accumulated or may accumulate upon the sidewalk above the established grade of the same, and shall also cut and remove from the sidewalk between the lot and curb line, all weeds, grass and vegetable growths that are more than four inches in height. If the owner of any building, lot or land fails to comply with the provisions of this section, then the Director of Public Service may remove the snow, ice, earth, sand, brick, stone, rubbish, dead trees or dead branches of trees, or other material, weeds, grass and vegetable growths, from the sidewalk in front of the premises of such owner, and may charge the expense thereof to such owner. If upon being notified, he fails to pay the City the amount of such expense, then the amount may be certified by the proper City officer to the County Auditor, and the same shall act as a lien upon the property of such owner, and shall be collected as provided for in the case of special assessments.
No person shall cast, throw, place or deposit on any sidewalk or crosswalk on any street, avenue or public place within the limits of the City any part or portion of any fruit or vegetable or other substance which when stepped upon by any person is liable to cause such person to slip or fall.
(a) Purpose. The regulations of this section are established to prevent obstructions on public sidewalks in areas characterized by high volumes of pedestrian traffic and the congregation of pedestrians on sidewalks, which obstructions would be caused by the congregation of customers purchasing products sold from a building's windows, doors or other openings.
(b) Permit Requirement. Within the Flats Oxbow Business Revitalization District, as that district is shown on the building zone maps of the City of Cleveland, no business activity shall be conducted in which retail sales are made thorough a building's windows, doors or other openings, directly to customers in an outdoor location, if such building opening is located less than ten (10) feet from a public sidewalk, except pursuant to a permit issued by the Director of Public Service.
(c) Permit Issuance Criteria. Such permit shall be issued if the subject sidewalk is greater than ten (10) feet in width, and if the building opening is set back a minimum of twenty (20) feet from the outer edge of the curb. Furthermore, the Director of Public Service shall evaluate pedestrian and vehicular traffic patterns to determine if the use would block, obstruct or restrict the free passage of pedestrians or vehicles in the lawful use of the sidewalks or streets and may consider the proximity and location of existing street furniture, including but not limited to sign posts, lamp posts, parking meters, bus shelters, benches, phone booths and newspaper vending devices; and the presence of bus stops, loading zones and taxi stands.
(d) Permit Issuance. No business activity regulated under division (b) of this section shall operate or be established or conducted on or after November 1, 1995, without a valid permit issued by the Director of Public Service to the owner of the business or the building from which the activity is conducted. Such permit shall be revocable by the Director of Public Service if there is a change in the circumstances upon which issuance of the permit was based, including a change in pedestrian and vehicular traffic patterns, street furniture and bus stops, loading zones or taxi stands that causes free passage to be blocked, obstructed or restricted.
(e) Permit Application. An application for a permit shall be submitted to the Director of Public Service on forms provided by the Director. For any application submitted pursuant to the regulations of this section, the Director shall either approve or disapprove the application within ninety (90) days of receipt of a complete application. Each application shall be accompanied by a site plan, drawn to scale and displaying dimensions, which shows the building wall, any openings and sales area in relation to the sidewalk, curb and street.
(f) Appeals. Any applicant who has been denied a permit pursuant to the regulations of this section may appeal the denial to the Board of Sidewalk Appeals. The Board may approve such application if it determines that no significant obstruction to pedestrian travel will result from the subject activity. In making this determination, the Board shall consider, among other factors, the scale of the retail sales activity, the level of pedestrian traffic on the sidewalk, and the configuration of the sales area in relation to the sidewalk and existing street furniture, bus stops, loading zones and taxi stands.
(g) Permit Fee. Each application shall be accompanied by a fee of one hundred dollars ($100.00), which shall be refunded if the application is not approved.
(Ord. No. 1276-95. Passed 7-19-95, eff. 7-28-95)
(a) Whoever violates Sections 507.01 or 507.02 shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
(b) Whoever violates Sections 507.04 shall be fined not less than five dollars ($5.00) nor more than twenty dollars ($20.00).
(c) Whoever violates Sections 507.06, 507.07 or 507.08 shall be fined not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00) for each offense.
(d) Whoever violates Section 507.09 shall be fined not more than one hundred dollars ($100.00).
(e) Any owner, agent, employee or other person violating Section 507.10 shall be fined not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each offense.
(f) Whoever violates Section 507.11 and 507.12 or who fails or neglects to comply with either of those sections shall be fined not more than fifty dollars ($50.00) for each offense or violation, and five dollars ($5.00) for each day the violation is continued.
(g) Subject to division (h) of this section, whoever violates Section 507.13 or 507.14 or who fails or neglects to comply with any of the provisions thereof shall be fined not more than five dollars ($5.00) for each offense, and one dollar ($1.00) for each day the offense is continued.
(h) Any owner of lots or lands which are used in whole or in part for the operation of a business, as defined in Section 505.11, and who violates Section 507.13 or fails or neglects to comply with any of the provisions thereof shall be fined twenty-five dollars ($25.00) for each day the offense occurs or continues.
(i) Whoever violates Section 507.15 is guilty of a minor misdemeanor, and shall be fined one hundred dollars ($100.00). The fine set forth herein is mandatory and shall not be suspended by the court in whole or in part. Each day upon which a violation occurs or continues shall constitute a separate offense and shall be punishable as such hereunder. If the offender persists in violating Section 507.15, after reasonable warning or request to desist, the offender is guilty of a misdemeanor of the first degree.
(j) In addition to any other method of enforcement provided for in this chapter, the provisions of division (i) of this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. No. 197-96. Passed 6-10-96, eff. 6-19-96)