Chapter 50 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES#

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Cross reference— Administration, ch. 2; standing committees of council, § 2-32; buildings and building regulations, ch. 18; cemeteries, ch. 22; fires prohibited in streets, § 30-1; curfew for minors, § 38-1; loitering, § 38-2; deposit of dangerous material on streets and sidewalks, § 46-4; traffic and vehicles, ch. 58; utilities, ch. 62; vehicles for hire, ch. 66; subdivisions, app. A.

State Law reference— Streets, alleys, sidewalks, etc., generally, Code of Virginia, §§ 15.1-14(1), (9), 15.1-363 et seq., 15.1-888 et seq.; limited access streets in cities and towns, Code of Virginia, § 15.1-16; bicycle trails or paths, Code of Virginia, § 15.1-16.2; official map, Code of Virginia, § 15.1-458 et seq.; local authority over highways, Code of Virginia, § 33.1-224 et seq.; pipelines and other works in streets, roads, alleys, etc., Code of Virginia, § 56-257 et seq.

Sec. 50-1. - Permit privilege to obstruct street or sidewalk while building; lights on such obstruction; repair of street and sidewalk.#

(a) The permit to erect any house shall carry with it the privilege of obstructing the adjacent sidewalk and a portion of the street for a reasonable time, if necessary, with the material for building, but this privilege shall not carry with it the right to obstruct the sidewalk and portion of street any longer than such obstruction is absolutely necessary, and no more thereof than necessary, and at no time shall more than one-half of the street§ be obstructed. It shall further be the duty of the owner to place nightly on such obstructions one or more red lights§, as necessity demands, as a warning to the people. The owner of the building shall be required to place the sidewalk and street in the same condition, upon the completion of the work, as the sidewalk and street were found.

(b) Streets may be obstructed under this section only after the issuance of a permit by the town manager.

(Code 1971, § 17-22)

State Law reference— Authority of town to permit temporary use of streets for other than public purposes, Code of Virginia, § 15.1-14(9); obstructing streets or roads, Code of Virginia, §§ 15.1-893, 33.1-345.

Sec. 50-2. - Awning, sign, or other fixture not to block street or sidewalk; height of same above street or sidewalk.#

No awning, sign or other fixture, shall be erected or constructed in such a way as to impede or obstruct the streets or sidewalks. In no case shall any awning or fixture be allowed or constructed less than seven feet over the sidewalks§ or less than 20 feet above the streets§.

(Code 1971, § 17-23)

State Law reference— Awnings, signs and other fixtures over streets, Code of Virginia, § 15.1-376.

Sec. 50-3. - Porches.#

No person shall, without the consent of the town manager, construct or erect any porch over the sidewalks or streets of the town.

(Code 1971, § 17-27)

Sec. 50-4. - Boxes, barrels, watermelons and merchandise.#

No person shall obstruct the streets or sidewalks of the town with boxes, barrels, watermelons or merchandise of any kind. This section shall not be construed to prevent merchants from displaying their goods in front of their stores in a reasonable manner.

(Code 1971, § 17-29)

Sec. 50-5. - Skateboards, roller skates, scooters on parking lots, streets and sidewalks.#

(a) The use of skateboards, roller skates or scooters in the municipal parking lots or parking lots used for a municipal purpose, and the streets and sidewalks of any nonresidential zone is prohibited.

(b) Driving or riding any vehicle or bicycle on the sidewalks of the town is prohibited.

(c) The use of skateboards on sidewalks in residential zones is prohibited.

(Code 1971, §§ 17-30, 17-31; Ord. of 6-6-88, § 17-30)

Editor's note— The zoning ordinance is kept on file in the Town Hall.

Sec. 50-6. - Drainage from lots, gutters or spouts.#

No water from a lot, gutter or spout shall be permitted to flow across the sidewalks or streets from private property.

(Code 1971, § 17-10)

Sec. 50-7. - Fees to applicant to vacate street or alley.#

The cost of publishing the notice to vacate a street or alley required pursuant to Virginia Code § 15.2-2006 shall be taxed to the applicant requesting the vacation. The applicant shall, pursuant to Virginia Code § 15.2-2007, also pay a fee of $100.00 for processing the application.

(Ord. of 8-21-06(3))

Sec. 50-8. - Signs and banners across streets.#

(a) No person shall erect or place any sign or banner across any street, sidewalk or alley in the town. Signs or banners may be placed across streets, sidewalks, town owned property or alleys only by the town. Nonprofit organizations registered with the United States Internal Revenue Service in order to provide income tax deductions to donors and nonprofit organizations to which contributions are tax deductible without it having to register with the I.R.S.; federal, state and local governmental agencies or branches may apply to the town to have a sign or banner erected across a street, sidewalk, town owned property or alley.

(b) The purpose of the sign or banners should be to welcome visitors to the town, honor public service, such as that performed by military units, promote public events that will promote Blackstone, and appeal to a large cross section of the population.

(c) Signs and banners shall not bear advertisement or sponsorship, political issues, political campaign promotion, religious or nonreligious messages, or promote specific social ideas or messages.

(d) The town manager shall promulgate an application form which shall obtain the following information and any additional information the town manager deems appropriate:

(1) Width, height and material from which the banner or sign is made, with adequate wind vents shown.

(2) A sketch or drawing of the banner showing its content, layout and design. Banners that deviate from the submitted drawing are subject to rejection.

(3) Requested dates of erecting and removal of the sign or banner and requested location of the banner.

(4) The application shall contain an indemnity agreement from the applicant agreeing to hold the town harmless from and against any and all liability by reason of the sign or banner.

(e) Applicants who are approved shall pay a fee of $75.00§ for erection and removal of the banner, prior to its erection.

Applications must be received at least 60 days prior§ to the proposed erection date in order to present the application to town council for approval or rejection.

(Ord. of 6-15-09(3); Ord. of 4-16-12(1))

Sec. 50-26. - Street names.#

The streets of the town shall retain their present names until changed by the council. The council shall name or approve the names of new streets.

(Code 1971, § 17-1)

Sec. 50-27. - Duty of owner of private alley.#

(a) It shall be the duty of every owner of a private alley to have the alley so graded as to prevent the accumulation therein of water or filth, and keep the alley constantly clean and in good order.

(b) Any person failing to comply with the provisions of this section shall be guilty of a class 4 misdemeanor, and every 24 hours that he shall so neglect or refuse to comply with the provisions of this section, after notice of the violation by the town manager or chief of police, shall constitute a separate offense.

(Code 1971, § 17-17)

State Law reference— Grading streets, alleys and other public places, Code of Virginia, § 15.1-368 et seq.

Sec. 50-28. - Distribution of cost of curbing and guttering.#

When curbs and gutters are to be constructed, the property owners who have property facing a street where curbs and gutters are to be constructed shall bear one-half the cost of such construction and the town the remaining one-half.

When the curbing and guttering project constitutes an entire town block, then the town shall bear the cost of constructing one driveway into each property owner's property facing a street through the curb and gutter for a width of 16 feet at the street line, provided it is practical to so construct a driveway and provided the property owner waives all damages by reason of such construction.

(Code 1971, § 17-4; Ord. of 7-19-99(1))

State Law reference— Assessments for local improvements, Code of Virginia, § 15.1-239 et seq.; how cost assessed or apportioned, Code of Virginia, § 15.1-241.

Sec. 50-29. - Gates and doors on street lines.#

Every gate or door built or constructed in any fence or wall standing on the line of any street, except doors to public buildings which are required to be hung so as to open outward, shall be hung so as to open inward§.

(Code 1971, § 17-11)

Sec. 50-30. - Stopping travel on streets.#

The town manager, or his authorized representative, shall have the right to stop travel on any street when the street is being repaved or improved, or for other reasons, if he deems it necessary.

(Code 1971, § 17-13)

Sec. 50-31. - Coasting; snowballing.#

No person shall sled, slide or coast upon the ice or snow in any street. No person shall throw any snowballs in the streets.

(Code 1971, § 17-16)

Sec. 50-32. - Playing ball.#

No person shall play ball in the streets of the town.

(Code 1971, § 17-32)

ARTICLE III. - SIDEWALKS#

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State Law reference— Municipal sidewalks, Code of Virginia, § 15.1-889.

Sec. 50-56. - Width.#

No sidewalk, where space therefor is adequate, shall be less than five feet in width, including the width of curb.§

(Code 1971, § 17-2)

Sec. 50-57. - Laying sidewalks by town upon property owner's application.#

Whenever any citizen or property owner desires a sidewalk to be laid along the street boundary of property, he shall make written application to the council through the town manager, agreeing to pay three-fourths of the cost of such construction and waiving all damages by reason of such construction. The town manager shall have an estimate made of the cost of such improvement and, upon the applicant's making a deposit of three-fourths of such estimated cost, the town manager shall present such application to the council for its action.

(Code 1971, § 17-3)

State Law reference— How cost of improvement assessed or apportioned, Code of Virginia, § 15.1-241; lien for sidewalk assessment, Code of Virginia, § 8.01-240.

Sec. 50-58. - Gutters on eaves projecting over sidewalks.#

All buildings, the eaves of which project over the sidewalk, shall be provided with gutters so that there shall be no dripping from the eaves upon the sidewalk. All gutters, the waters from which empty upon a street or sidewalk, shall be so constructed as to discharge such water only at or below the surface of the ground§.

(Code 1971, § 17-9)

State Law reference— Gutters, downspouts, etc., overhanging streets, Code of Virginia, § 15.1-376.

Sec. 50-59. - Entrances over sidewalks or drainage ditches.#

(a) Whenever, in order to provide for an entrance to any property, it is necessary to cross a sidewalk or drainage ditch, it shall be the duty of the owner of the property at his own expense to provide an entrance approved by the town manager.

(b) For the crossing of any drainage ditch the owner shall provide a pipe or conduit of such size and length as may be specified by the town manager, such pipe or conduit to be placed or installed by the town.

(c) For the crossing of any sidewalk or curb which has been previously constructed, the owner shall remove and replace so much of the sidewalk or curb as may be necessary to provide a suitable entrance subject to the supervision and inspection of the town manager. No such entrance shall be constructed until a written permit has been obtained from the town manager.

(Code 1971, § 17-12)

Sec. 50-60. - Sidewalks in front of premises to be kept clean.#

(a) It shall be unlawful for any person to place dirt, trash or debris from the interior of the store or premises occupied by him upon the sidewalk. Such dirt, trash or debris shall be taken up and put in proper receptacles for removal.

(b) It shall be the duty of all persons occupying stores or premises fronting on any street to keep the sidewalk immediately in front thereof clean and clear of rubbish, trash, waste paper, filth, or other matter§ and they shall not place such matter into the street. Where the first floor is occupied as a store or mercantile establishment, the duty of keeping the sidewalk in front thereof shall be and is hereby imposed upon the occupant of the store or proprietor of the mercantile business.

(Code 1971, § 17-14)

Sec. 50-61. - Removal of snow, sleet and ice.#

It shall be the duty of every occupant of every house or lot which abuts upon a hard-surfaced sidewalk or footway of stone, brick or wood, to have all snow removed from the sidewalk or footway within six hours after the snow shall have ceased falling§, unless the snow shall have fallen during the night or on Sunday, in which case it shall be removed by 12:00 noon the day following§. The same requirements shall exist with respect to ice or sleet on sidewalks or footways, except that the ice or sleet, when it cannot be removed without injury to the sidewalk or footway, shall be covered within the period of time specified, with sand, ashes or some other substance which will render it safe for travel. Whenever any house or lot is unoccupied, it shall be the duty of the owner, or the agent of the owner thereof, to have the snow or ice removed from his sidewalk or footway, as required of occupants in this section. Every six hours that the snow or ice is allowed to remain in violation of this section shall be held to be a separate offense.

(Code 1971, § 17-15)

Sec. 50-62. - Openings in sidewalks.#

(a) No opening for a cellar, vault or fuel or coal hole shall be permitted in a street or sidewalk.

(b) This section shall not apply to such openings in existence on the effective date of this Code.

(Code 1971, § 17-7)

ARTICLE IV. - EXCAVATIONS#

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State Law reference— Underground Utility Damage Prevention Act, Code of Virginia, § 56-265.14 et seq.

Sec. 50-86. - Permit required.#

No person shall take up or remove any portion of the surface of the sidewalk or street, or excavate in any public street of the town without written permission of the town manager§.

(Code 1971, § 17-36)

Sec. 50-87. - Deposits; acceptance of provisions of article.#

(a) Before a permit to remove a pavement or street surface or excavate in any street or alley is granted, the town manager may require a deposit sufficient to pay for resurfacing the street to be disturbed, the amount of such deposit to be determined by the town manager.

(b) Every person who shall make application as specified in subsection (a) of this section shall be deemed to have assented thereby to all the provisions and terms of this article, including the right of the town to collect the actual cost of replacing the pavement, sidewalk or street surface in the manner directed in subsection (a) of this section.

(Code 1971, § 17-37)

Sec. 50-88. - Duty to prosecute work without delay.#

It shall be the duty of every person to whom a permit to remove a pavement or street surface or excavate in any street or alley shall have been granted, to institute at once and prosecute without delay the work for which such permit was obtained, and promptly, on its completion, give written notice thereof to the town manager.

(Code 1971, § 17-38)

Sec. 50-89. - Replacing surface.#

No pavement, sidewalk or street surface shall be replaced, after being taken up, by any person except under the direction of the town manager. If the applicant fails to resurface the street disturbed promptly and in a manner approved by the town manager, the town manager is authorized to cause the work to be done at the expense of the applicant.

(Code 1971, § 17-39)

Sec. 50-90. - Guarding by lights and barriers; responsibility for damages caused by excavation.#

Any person to whom a permit is granted to do such work as provided in this article shall place guards or barriers around such excavation and shall protect it by warning lights at night, and shall be responsible for damages to persons or property caused by such excavations until taken in charge by the town manager.

(Code 1971, § 17-40)

Sec. 50-91. - Applicability of article to work done by town.#

The provisions of this article shall not apply to work done by the town under the supervision of the town manager, but the town manager may prescribe regulations for work done on town streets by the town.

(Code 1971, § 17-41)