Chapter 33 – Street Regulations

CHAPTER 33

STREET REGULATIONS

ARTICLE I – DEPARTMENT ESTABLISHED

33-1-1 DEPARTMENT ESTABLISHED. There is hereby established a Department of the municipal government which shall be known as the Street Department. It shall embrace the Street Committee, the Superintendent of Public Works, and the employees. The Village Engineer shall serve as ex-officio officer.

33-1-2 COMMITTEE ON STREETS. The Village Board Standing Committee on Streets shall exercise a general supervision over the affairs of the Street Department. It shall ascertain the needs and conditions thereof and shall, from time to time, report the same to the Mayor and Village Board.

ARTICLE II – GENERAL REGULATIONS

33-2-1 UNDERMINING. No person shall undermine in any manner, any street or any other ground or real estate situated in the Village or belonging to any private person.

33-2-2 CLOSING STREET. Whenever public safety or the improvement or repair of any street, alley or public place requires it, the Mayor may order any street, alley, or public place temporarily closed to traffic and the placing of signs indicating that the street, alley or public place is closed by order of the Mayor. Whenever such signs are so placed, no person shall ride or drive upon or cross such street, alley or public place, or in any manner, destroy, deface, or remove any such sign.

33-2-3 SIGNS ACROSS STREET. No person shall place any sign, advertisement or banner over any or across any street, alley or sidewalk in the Village, unless he has written approval of the Village Board. (See 65 ILCS Sec. 5/11-80-17)

33-2-4 VEHICLES AND SKATEBOARDS ON SIDEWALKS. No person shall operate any skateboard or motor vehicle on or over any sidewalk, except in crossing the same to go into a yard or parking lot.

33-2-5 DEPOSITS ON SIDEWALKS AND STREETS. It shall be unlawful to deposit on any public sidewalk, any material which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property.

Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width is not thereby reduced to less than four (4) feet); and provided that no such article shall remain on such walk for more than thirty (30) minutes.

33-2-6 OBSTRUCTING STREET.

(A) It shall be unlawful to deposit any material on any street which may be harmful to the pavement thereof, or any waste material, or any grass clippings, or to cause a lawn mower to blow grass clippings onto a street or any other articles such as glass which may cause injury to any person, animal or property.

(B) No person shall place or cause to be placed or erected on any public ground, or in any public street, alley or sidewalk in the Village, any debris, materials, or obstruction, except as may be permitted by this Code.

(C) It shall be the duty of the Police Department to exercise a vigilant supervision over such places and to notify any person found making such deposit or responsible for same to remove the offending matter at once. (See 65 ILCS Sec. 5/11-80-3)

33-2-7 RAINWATER DRAINS. It shall be unlawful to construct or permit the construction of any storm water drain or any drainage pipe in either a natural or man-made ditch without having first obtained a permit therefor. Applications for such permits shall be made to the Village Clerk and shall be accompanied by a statement as to the purpose of such drainage pipe, the premises to be served and the specification of such pipe to be installed. Such application shall be referred to the Street Superintendent and no such permit shall be issued unless he shall have found that the Village Code would be complied with by the installation of such storm water drain or drainage pipe and, that the installation of such storm water drain or drainage pipe would not interfere with, overload, obstruct or otherwise adversely affect the existing storm water drainage system within the Village.

It shall be unlawful to construct or permit the construction of any storm water drain which discharges water onto any sidewalk in the Village and it shall be unlawful to construct or permit the maintenance of any such drain which discharges into any public street or alley at a height greater than eighteen (18) inches above the ground or pavement.

33-2-8 BUILDING MATERIALS IN STREET. The Street Superintendent may move any obstruction on any street or sidewalk of the Village, but before doing so, he shall notify the person responsible therefore to remove such obstruction within a reasonable time after being notified. Any person engaged in erecting a building or fence or improving any lot on such street may deposit materials thereon and contiguous to such length of time as may be necessary for the work. The obstruction shall not extend to more than one-half (1/2) of the width of the sidewalk, street, or alley adjacent to such improvement and the gutter shall always be left free and unobstructed. At night, such person shall keep an illuminated warning light on such material. (See 65 ILCS Sec. 5/11-80-3)

33-2-9 MERCHANDISE ON PUBLIC STREET. It shall be unlawful for any person, firm or corporation to use any street, sidewalk, or other public place as space for the display of goods or merchandise for sale; or to write or make any signs or advertisements on any such pavements, unless permission is granted by the Village Board. (See 65 ILCS Sec. 5/11-80-3)

33-2-10 ENCROACHMENTS. It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property.

33-2-11 POSTING BILLS. It shall be unlawful for any person to paste, paint, print or nail any handbill, sign, poster, advertisement or notice of any kind on any curbstone, flagstone, or any other portion or part of any sidewalk, or upon any tree, lamppost, utility pole, hydrant, or upon any private wall, door or gate without the consent, in writing, of the owner of such curbstone, flagstone, sidewalk, tree, lamppost, utility pole, hydrant, private wall, door or gate.

33-2-12 SIGNS ON POLES. No person shall nail, tack, paste, paint or fasten, or cause to be nailed, tacked, painted or fastened, any sign or any other foreign substance or material onto any telephone, telegraph, electric light, police and/or fire alarm pole or post, or any street or traffic sign located on any sidewalk, street, alley or public grounds or injure or deface any such pole or post.

33-2-13 INJURY TO NEW PAVEMENTS. It shall be unlawful to walk upon or drive any vehicle or animal upon or destroy any newly-laid sidewalk pavement while the same is guarded by a warning sign or barricade, or to knowingly injure any soft, newly-laid pavement.

33-2-14 BARBED-WIRE FENCES. It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or with any similar material designed to cause injury to persons, or any wire charged with electrical current, anywhere within three (3) feet of any public street, sidewalk, alley, park or other public way or place unless such barbs or charged wire are at least eight (8) feet above the level of such public place.

33-2-15 BURNING ON PUBLIC STREETS. It shall be unlawful for any person to burn any leaves, paper, rubbish or other substances upon any of the public streets, sidewalks or alleys in the Village. (see 27-2-32 for burning of refuse in general)

33-2-16 GRASS MOWING ON RIGHT-OF-WAYS. Property owners and the occupants or tenants of such properties shall be jointly and severally responsible for maintaining any areas, including any public right-of-ways, lying between their property lines and the street surfaces abutting those properties, including the trimming, treating or removing of any plants, shrubs, bushes, grasses or weeds lying therein, and including the mowing of any grasses or weeds exceeding eight (8) inches in height. This section shall not be deemed to abrogate the authority of the Village to maintain the right-of-ways and easements within its jurisdiction in the manner it deems appropriate. (Ord. #640, 8/13/09)

33-2-17 GRASS CLIPPINGS ON PUBLIC STREETS AND SIDEWALKS. It shall be unlawful and shall also be considered a public nuisance to discharge by mowing or otherwise deposit into or onto any public street, highway, or sidewalk (hereafter public roadways) located in the Village of Louisville, Illinois, any green waste (defined as grass or other vegetation clippings or debris, including but not limited to grass clippings and cuttings from shrubs and hedges) from any adjoining real estate along or containing said public roadways. Any individual or owner of such real estate which causes directly or indirectly said discharge or deposit of green waste into said public roadways shall remove said discharge or deposits including grass clippings from the public roadway within two (2) hours after mowing or any other method causing the same to be placed in said roadway. The individual mowing or causing such discharge of green waste onto any public roadway and the owner and the legal occupants of the real estate adjoining the public roadway upon which such discharge occurred shall all be severally and jointly responsible and liable to prevent such discharge as herein described, and all shall be subject to both fine and order to abate for the failure to so maintain such areas, which is hereby declared a public nuisance. (Ord. #642, 9/10/09)

33-2-18 YARD WASTE IN PUBLIC DITCHES. It shall be unlawful and shall also be considered a public nuisance to burn, deposit, or accumulate yard waste in any public ditch located in the Village of Louisville, Illinois, or to fail to remove any such accumulation in any such public ditch. Yard waste is defined as leaves, grass, or other vegetation clippings or debris, including but not limited to cuttings from shrubs and hedges, from any adjoining real estate along or containing said public ditches. All individuals and all occupants or owners of any real estate adjoining or containing any public ditch who cause directly or indirectly said burning, deposit, or accumulation of yard waste in a public ditch and all occupants or owners of any such real estate who fail to remove any such accumulation, including any natural accumulations, shall all be severally and jointly responsible and liable to prevent or remove such burning, deposit or accumulation as herein described, and all shall be subject to both fine and order to abate for the failure to so maintain such areas, which is hereby declared a public nuisance. (Ord. #641, 9/10/09)

33-2-19 NO MUNICIPAL DUTY TO REMOVE SNOW AND ICE. The Village hereby recognizes that state law does not impose a duty for any landowner or occupant of premises located within the Village to keep any public sidewalks contained in, abutting or fronting said premises free and clear of snow and ice accumulations. Likewise, the landowner or occupant of such premises shall not be required by the Village to so keep said sidewalks free and clear of snow and ice accumulations. However, the Village encourages all landowners and occupants to keep any such sidewalks free and clear of snow and ice accumulations for the safety of all citizens of the Village. The Village further declares that it has no duty and shall not be responsible to clear any of its public sidewalks or streets of any snow and/or ice accumulations.

(Ord. #672, 3/10/2011)

ARTICLE III – TREES AND SHRUBS

33-3-1 DEFINITIONS. For the purpose of this Article the following terms, phrases and words shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

(A) “Person” is any public or private individual, group, company, firm, corporation, partnership, association, society or any other combination of human beings whether legal or natural, and includes all such persons who may be property owners, lessees, renters, and/or occupants of the property in question.

(B) “Tree” is any tree located in a public place or on a public right-of-way or any tree on private property. Unless specifically noted otherwise, the term “tree” shall include trees, shrubs, and other vegetation.

(C) “Street Tree” is any tree in a public place or on a public right-of-way.

(D) “Shrub” is any woody plant of low height with several stems.

(E) “Removal” is the actual removal or causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or shrub.

33-3-2 PLANTING OR GROWING AND MAINTENANCE OF TREES. It shall be the duty of any person who plants or grows a tree either on any public place or public right-of-way or on private property to:

(A) Place no tree so as to be, in the opinion of the Village, a hazard to public places or to interfere with any street lights, traffic signs or traffic or pedestrian movement or visibility.

(B) Plant all street trees at least thirty (30) feet apart.

(C) Plant no tree within ten (10) feet of either side of any street, curb or sidewalk that is owned or maintained by the Village.

(D) Place no street tree where the soil is too poor to insure growth.

No street tree shall be planted, removed, or trimmed by any person of the Village without prior written consent of the Village.

The Village shall have the right but not the duty to trim, treat, or remove any trees located on any public place or public right-of-way or on private property if the Village deems said tree to be a hazard to public places or to interfere with any street lights, traffic signs or traffic or pedestrian movement or visibility, or is either dead or so diseased or infested as to constitute a hazard to the public, without prior notice to any person, regardless of whether said tree is located on public or private property, provided that said tree, if located on private property, shall be trimmed, treated or removed only to such extent that is necessary to eliminate said interference or hazard.

33-3-3 REMOVAL AND MAINTENANCE OF TREES ON PRIVATE PROPERTY. It shall be the responsibility of every property owner or occupant to maintain trees on his, her or its property, except as set forth in Section 33-3-2 hereinabove, in a safe and healthy manner and to keep trees properly trimmed and pruned so as to avoid hazards to persons, property, traffic and other vegetation.

(A) The Village may from time to time seek entry to private property in order to inspect the trees located upon the property. The Village shall first seek the property owner’s permission to conduct such an inspection. Should the property owner object to the inspection, the Village may seek, from a court of competent jurisdiction, authority to inspect the premises in accordance with this Article.

(B) Upon finding that any tree located on private property constitutes a nuisances, then the Village shall direct a notice to the property owner to remove the tree from the private property.

(1) The method of service shall be in one or more of the following ways:

(a) By personal delivery of the notice to the person responsible.

(b) By leaving the notice with a person of suitable age and discretion on the premises.

(c) By mailing the notice by certified mail to the last known address of the owner of the premises.

(d) By publishing the notice in a local newspaper for three (3) consecutive days.

(2) The notice shall set forth the time limit for compliance, which shall depend upon the degree of danger created by the tree, but shall in no case be longer than sixty (60) days. In the case of extreme danger, the Village shall have authority to require immediate compliance.

(C) If at the end of the time period set forth in the notice, the tree has not been removed, it shall be declared a nuisance by the Village, and the Village shall have the tree removed. The costs of this service, including labor, equipment and materials, as well as attorney’s fees and court costs, shall be assessed to the property owner.

(D) A tree shall be deemed a nuisance if it or any part of it:

(1) Appears dead, dangerous or likely to fall;

(2) Is not pruned to a height of ten (10) feet above the sidewalk or fourteen (14) feet above the street;

(3) Obstructs or interferes with a curb, gutter, street or sidewalk, or is in dangerous proximity of doing such;

(4) Interferes with sewers, or is in dangerous proximity of doing such;

(5) Is in dangerous proximity to interfere with public utilities;

(6) Interferes with a planned public improvement; and

(7) Interferes with a traffic sign or traffic visibility, or is in dangerous proximity of doing such.

(E) If the costs of remedying the condition are not paid after thirty (30) days from receipt of a statement from the Village, the amount shall become a lien upon the property and the Village Clerk is authorized, empowered and directed to file such lien with the County Recorder, and/or the Village may take any other action available to the Village by law to collect said amount due.

33-3-4 ATTACHING WIRES. It shall be unlawful to attach any wire or other rope to any street tree without permission from the Village.

33-3-5 TREE REFERENCES. All references in this Article to “trees” shall include shrubs or other vegetation, unless specifically noted otherwise.

(Ord. No. 512; 05-09-02)

ARTICLE IV – STREET IMPROVEMENTS

33-4-1 SIDEWALKS.

(A) Grade. No sidewalk shall be built above or below the established grade of the Village and in all cases where no grade is established, any person building a sidewalk shall build the same according to the instructions of the Street Superintendent and the Village Board. No one shall build a sidewalk unless it consist of new construction. No one shall remove or destroy a sidewalk without replacing the same with a new sidewalk.

(B) Permit. It shall be unlawful for any person to build, lay or construct any sidewalk along any property in the Village or along any of the streets, alleys, or public highways thereon, without first filing an application for a permit with the Village Clerk and approved by the Village Board.

(C) Subdivisions. This Section is not applicable to new subdivisions. (See 65 ILCS Sec. 5/11-80-13)

ARTICLE V – CULVERTS

33-5-1 OBSTRUCTION OF DRAIN OR STORM SEWER. It shall be unlawful to obstruct any drain or storm sewer in any public street or property.

33-5-2 PERMIT FOR CULVERT. It shall be unlawful to install any culvert or replace any culvert without first obtaining a permit from the Village Clerk.

33-5-3 APPLICATION FOR PERMIT. Any person desiring a permit to install or replace any culvert shall file an application therefor with the Village Clerk upon a form to be provided for that purpose.

33-5-4 TERMINATION OF PERMIT. All such permits shall terminate upon the expiration of six (6) months following the date of issue.

33-5-5 TYPE OF CULVERT. Culverts shall be installed where driveways or walkways cross open ditches. The culverts shall be of such size, and type of material, installed at the grade and constructed with couplings as determined by the Street Superintendent. The person desiring the culvert shall purchase a new culvert as provided herein and shall have it delivered on the site. The Village shall install the new culvert.

33-5-6 COST OF INSTALLATION. Any person wishing to replace a culvert shall, at his own expense, purchase said culvert in such form and manner as the Superintendent determines necessary depending on the conditions existing.

33-5-7 BACKFILL COST. Any person installing or replacing a culvert shall, at his own expense, provide and place such backfill material as the Street Superintendent determines necessary to complete the project.

33-5-8 REPLACEMENT COST. The expense of replacing any culvert shall be borne by the person making application for the permit to install the same.

(See 65 ILCS Sec. 5/11-80-7)

ARTICLE VI – DRIVEWAYS

33-6-1 PERMITS REQUIRED. No person shall construct a driveway for vehicles or animals across any sidewalk in the Village without having first obtained a permit therefor.

Applications for such permits shall be made to the Village Clerk and shall be accompanied by the fee required.

No permit for construction of a driveway for commercial use, or for the habitual use of other than the owner or occupant of the premises served shall be issued except upon the order of the Village Clerk.

33-6-2 GRADE SURFACE. No driveway shall be so constructed or graded as to leave a step, sharp depression or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk. It shall be unlawful to have the surface finish of any driveway where the same crosses the sidewalk constructed of such materials as to render it slippery and hazardous to pedestrians, or to have the grade of such portion vary from the grade of the sidewalk or be other than level.

33-6-3 SPECIFICATIONS. Driveways across sidewalks shall be constructed in compliance with the specifications required by the Street Superintendent.

33-6-4 REPAIR. It shall be the duty of the person maintaining the driveway to keep the same in good repair where it crosses the sidewalk and free from obstruction and openings.

(See 65 ILCS Sec. 5/11-80-2)

VILLAGE OF LOUISVILLE

EXCAVATION PERMIT

NAME

FIRM NAME

ADDRESS

CITY/VILLAGE STATE PHONE

LOCATION OF PROPOSED EXCAVATION

 

 

NATURE OF EXCAVATION

 

 

BONDING COMPANY:

NAME

ADDRESS

CITY/VILLAGE STATE PHONE

AMOUNT OF BOND $

PREVIOUS EXPERIENCE (LIST CITIES AND/OR VILLAGES)

CITY/VILLAGE CITY/VILLAGE OFFICIAL

1.

2.

3.

4.

I have read the municipal law with regard to excavations and my firm or company intends to fully comply with the Street Regulations Code provisions.

 

(Applicant’s Signature)

APPLICATION FOR CULVERT/DRIVEWAY PERMIT

I, ____________________________, do hereby request permission and authority to construct a culvert/driveway on the right-of-way of the Village in accordance with the information provided on this application and the accompanying sketch. (Applicant must prepare a sketch showing location, length and pertinent details.)

ADDRESS:

Pipe material will be:

Wall thickness or gauge will be:

Type of joint will be:

DATED: _________________________, 20__ SIGNED:

(APPLICANT)

CULVERT/DRIVEWAY PERMIT

APPLICATION Approved ( ) Disapproved ( )

If disapproved, state reasons:

 

 

 

DATED: _________________________, 20__ SIGNED:

CERTIFICATION

The undersigned has inspected the construction and installation set forth above and finds that the same (is) (is not) in accordance with the permit.

DATED: _________________________, 20__ SIGNED:

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