Title 12 – Streets, Sidewalks, and Public Places

 

Chapters:

12.04   Street Designations

12.08   Numbering and Naming of Streets and Alleys

12.16   Street Sweeping Districts

12.20   Street Improvements

12.24   Street Obstructions and Excavations

12.36   Sidewalks

12.40   Snow and Ice Removal from Sidewalks

12.46   Violations—Penalty

 

Chapter 12.04 Street Designations

Sections:

12.04.010        Reference to official plat.

 

12.04.010  Reference to official plat  The streets and alleys of the City of Dillon are declared to be and are designated as those laid out or established by the official plat of the City of Dillon, as amended, which plat is on file in the office of the County Clerk of Beaverhead County, Montana.

 

Chapter 12.08 Numbering and Naming of Streets and Alleys

Sections:

12.08.010        Assigning and displaying address numbers.

12.08.020        Method of numbering.

12.08.030        Method of naming alleys.

12.08.040        Block numbers.

12.08.050        Method of assigning house numbers.

12.08.060        Size of numbers.

12.08.070        Time allowed for numbering after notice.

12.08.080        Violation—Penalty.

           

12.08.010  Numbering of houses  All buildings, residential and commercial, having an entrance from any street or alley of this city shall be assigned a number by the Director of Operations or other officer authorized by the city council. All owners or agents of commercial buildings that have been assigned a number shall display said number within ten days after notice to do so by the Director of Operations, or other officer authorized by the city council.

 

12.08.020  Method of numbering  The initial point for numbering shall be Montana and Bannack Streets, and all even numbers shall be on the south side of the streets running easterly and westerly, and upon the east side of streets running northerly and southerly, and odd numbers shall be upon opposite sides of such streets.

All streets and alleys south of Bannack Street that run north and south shall be known by their names with the prefix “South,” and all streets and alleys north of Bannack Street that run north and south, by their names with the prefix “North;” all streets and alleys east of Montana Street that run east and west, by their names with the prefix “East,” and all streets and alleys west of Montana Street that run west, by their names with the prefix “West.”  (Prior code §242)

12.08.030  Method of naming alleys  Every alley running east and west shall take the name of the street south of it; and every alley running north and south shall take the name of the street west of it.  (Prior code §243)

 

12.08.040  Block numbers  To each block shall be assigned the numbers marked on the same, on the map of the city, now on file in the office of the director of operations, entitled “Map Showing Official House Numbers of the City of Dillon”.  (Prior code §244)

 

12.08.050  Method of assigning house numbers  To each space of twelve and one-half linear feet of any street or alley shall be assigned one house number, the same to have the prefix of the hundred assigned according to the block according to the official map referred to in Section 12.08.040.  Each entrance for a residence or place of business shall have a separate number, and each staircase from a street shall have a number.  Where necessary, one-half or one-quarter number, such as “108½,” may be used.

All alleys shall take the same numbers as the streets from which they are named, being numbered by the same method as streets.  (Prior code §245)

 

12.08.060  Size of numbers  All numbers shall be not less than three inches long, and shall be placed in a conspicuous place where the same can be easily seen from the middle of the street or alley upon which the building fronts.  The numbers shall be of metal or painted, or worked into stained glass, or otherwise placed upon a building so as to be durable and conspicuous.  (Prior code §246)

 

12.08.070  Time allowed for numbering after notice  All owners or agents of commercial buildings having an entrance from any street or alley of this city shall display the assigned number for the building within ten days after notice to do so by the Director of Operations or other officer authorized by the city council.

 

Chapter 12.16 Street Sweeping Districts

Sections:

12.16.010        Boundaries—Designated.

12.16.020        Boundaries—Authority to change.

12.16.030        Manner of sweeping streets.

12.16.040        Work done by contract—Method.

12.16.050        Levying assessments.

12.16.060        Manner of assessing costs.

12.16.070        Assessment resolution—Contents—Notice.

 

12.16.010  Boundaries—Designated  The following streets and portions of streets within the City of Dillon are set apart and included in sweeping districts as follows:

            A.        All of Montana, Idaho, and Washington Streets between Helena, and Reeder Streets; and

            B.        All of Center, Bannack, Glendale and Sebree Streets between Washington and Montana Streets with the exception of the north side of Sebree Street between Idaho and Washington Streets.

 

12.16.020  Boundaries—Authority to change  The city council of the city may at any time by resolution make other and additional districts and may change the boundaries and extent of the districts laid out and provided for in this chapter.  (Prior code §275)

 

12.16.030  Manner of sweeping streets  The city council of the city may, at any time by resolution, provide for the sweeping of the streets included in districts as not laid out, other or additional districts, or districts as may be changed as to boundaries and extent or any, or all of them, by contract, or the city may sweep the same and may employ men necessary and terms necessary and may purchase or rent the apparatus necessary to do so.  (Prior code §276)

 

12.16.040  Work done by contract—Method  Whenever the council deems it necessary to sweep the district as now laid out, or as the same may be changed or any additional district or districts, and if the sweeping is to be done by contract, the city shall advertise for bids and shall let the contract to the lowest and most responsible bidder, and shall require the contractor or contractors to whom the contract is awarded to furnish to the city satisfactory bond or bonds, to be approved by the city council, conditioned that such contractor or contractors will carry out and execute the terms of the contract in an acceptable manner.  (Prior code §277)

 

12.16.050  Levying assessments  For the purpose of paying the expenses of sweeping the streets in the districts, and for the purpose of paying the costs and expenses of making the assessment, the city council shall make an estimate of the cost of sweeping the districts and the cost of making the assessment for expenses and before the first Monday of October of each year, they shall adopt, and finally pass a resolution levying and assessing all the property within the several sweeping districts with an amount equal to not less than seventy-five percent of the entire cost of the work, exclusive of the cost of sweeping any park or other public place or places.  (Prior code §278)

 

12.16.060  Manner of assessing costs  The total cost of sweeping the streets in any or all of the districts shall be divided by the total number of linear feet in front of or bordering on those streets on which sweeping has been done and the rate of taxation of each lot or parcel of land  arrived at and each lot or parcel of land in the district or districts shall be assessed with its proration of the costs of sweeping such street in front or bordering on the lot.  (Prior code §279)

 

12.16.070  Assessment resolution—Contents—Notice  The resolution levying the assessment to defray the cost of sweeping shall contain a list in which shall be described the lot or parcel of land assessed, with the name of the owner thereof, if known, and the amount levied thereon, set opposite.  Such resolution shall be kept on file in the office of the city clerk, and the city clerk shall give notice that the resolution levying special assessment to defray the costs of sweeping the several districts is on file, and subject to inspection for a period of five days. The notice shall state the time and place at which objections to the final adoption of the resolution shall be made and will be heard by the council.  The notice shall be published once in a weekly newspaper and the date of publication shall be five full days before such hearing.  At the time and place given in the notice, the council shall meet at the council chamber and hear objections to the adoption of the resolution which might be made to the assessment, and may adjourn from time to time, and may also by resolution modify or change the assessment.  A copy of the resolution, when finally passed and adopted, shall be certified by the city clerk and delivered to the county clerk and recorder of Beaverhead County, Montana, on or before the first Monday in October.  Such assessment shall be placed by the county clerk and recorder upon the assessment roll in the same manner and collected in the same way as other city taxes.  (Prior code §280)

 

Chapter 12.20 Street Improvements

Sections:

12.20.010        General procedure.

 

12.20.010  General procedure  The city council may cause any street to be graded, paved, guttered or otherwise improved upon, according to the laws of the state of Montana.  (Prior code §281)

 

Chapter 12.24 Street Obstructions And Excavations

Sections:

12.24.010        Prohibited generally.

12.24.015        Sidewalk board signs allowed.

12.24.020        Temporary obstructions—Permit required.

12.24.030        Excavations—Permit required.

12.24.040        Excavations paved streets - repairs.

12.24.050        Excavations unpaid streets - repairs.

12.24.055        Excavations - payment responsibility.

12.24.060        Warning lights for excavations required.

12.24.110        Sidewalks—Coal holes—Unsafe condition—Breaking or injuring.

12.24.130        Obstruction of streets by railroad trains restricted.

           

12.24.010  Prohibited generally  All streets, alleys, sidewalks, crossings and public places within the limits of the City of Dillon shall be kept free and clear of any and all encumbrances, obstructions or encroachments and the conduct of any business or enterprise except as provided herein.  Anyone violating this section shall be punished as provided in this title.  (Prior code §282)

 

12.24.015 Sidewalk board signs allowed  Sidewalk (sandwich) board signs shall be allowed on the sidewalks in the Central Business District; Highway Business District; and the Industrial District of the city.  The following requirements must be met before a sidewalk sign can be positioned on a sidewalk:  (a) signs cannot extend any further than two (2) feet from the building wall; (b) signs must be placed so as to allow no less than four (4) feet of unencumbered walking space from the edge of the sign to the edge of the sidewalk; (c) signs cannot be placed within ten (10) feet of any corner; and (d) a sign permit must be applied for and issued by the city as required in Chapter 17.24 of the city ordinances.

 

12.24.020  Temporary obstructions—Permit required  Any person or association of persons desiring to encumber or obstruct any street, alley, sidewalk, or public place for a temporary length of time shall first obtain the written permission of the Director of Operations. 

 

12.24.030  Excavations—Permit required  No person or association of persons shall tear up, injure or destroy any street, alley, sidewalk, crossing or public place; or dig any hole, excavation or haul rocks, dirt, earth or other material into any street, alley or public place without the written consent of the director of operations first obtained; or hinder, delay, interfere with or impede any improvement of any street, alley or public place, or in any manner interfere with the conditions on the street, alley or public place, except on the orders or under the direction of the director of operations. (Prior code §284)

 

12.24.040  Excavations paved streets – repairs  All trench excavations on paved streets and alleys must be back filled with a cement slurry mix consisting of one half bag of cement for each cubic yard of sand and gravel mix.  All trench excavations must be back filled with this mix to within four inches of the roadway surface and to a minimum depth of four feet.

 

12.24.050  Excavations unpaved streets - repairs  All trench excavations on unpaved streets and alleys must be backfilled with pit run gravel to within four inches of the roadway surface and to a minimum depth of four feet.

 

12.24.055  Excavations - payment responsibility  At any time that a street or alley needs to be excavated, it will be the responsibility of the person responsible for the excavation to pay to the city the actual cost for the replacement of the road surface as determined by the Director of Operations according to a formula approved by the city council.

 

12.24.060  Warning lights for excavations required  Every person or persons or association of person who creates any excavation or opening in a street, alley, public place or within twenty feet thereof, shall place a temporary fence or railing around the same at night, and in addition thereto, shall place warning lights sufficient to warn persons of such pit, cellar, excavation or other opening.   (Prior code §287)

 

12.24.110  Sidewalks—Coal holes—Unsafe condition—Breaking or injuring  No person shall leave any cellar door open on any street, sidewalk or alley.  No person shall permit any sidewalk on the premises owned or controlled by him to become unsafe.  No person, while receiving goods or merchandise, shall permit the same to remain on any sidewalk longer than four hours.  No person shall ride or drive any horse, other animal or vehicle on any sidewalk in the city.  Any person who breaks or injures any sidewalk shall repair the same within twenty-four hours.  (Prior code §292)

 

12.24.130  Obstruction of streets by railroad trains prohibited  It is unlawful to obstruct any street or streets of the City of Dillon at the railway crossings by the standing of any car or any locomotive or engine on any street crossing for a longer period than fifteen minutes, and any agent, conductor, engineer, fireman, brakeman, trainman or switchman or other person or persons who cause any street of the city to be obstructed, shall be deemed guilty of a violation of this section.  (Prior code §300)

 

Chapter 12.36 Sidewalks

Sections:

12.36.010        Construction—Supervisory authority.

12.36.050        Construction—Authority of city council to order.

12.36.060        Construction—Notice to land owners.

12.36.070        Construction—Time limits—Waivers.

12.36.080        Construction—Costs to become lien.

12.36.090        Construction—Waiver.

12.36.100        Repair—Notice—Costs.

           

12.36.010  Construction—Supervisory authority  All sidewalks shall be constructed under the direction of the Director of Operations.

 

12.36.050  Construction—Authority of city council to order  Whenever there is any place in the city where a sidewalk is needed, and where no good and sufficient sidewalk has already been constructed, the city council, by a majority vote, may order, and on petition of two-thirds of the abutting property affected the city council shall order a sidewalk to be built in any such place needed.  All orders for sidewalks wherever constructed shall be passed by a majority vote of all members of the council.  All orders of the council requiring a sidewalk to be constructed shall specifically set forth the street or streets on which a sidewalk is to be laid, and between what points of any street or streets.

 

12.36.060  Construction—Notice to land owners  After the passage of an order to construct a sidewalk, passed in the manner set forth in the preceding sections, the City Clerk shall notify the property owner by written notice the action of the city council.  This notice shall be served by mail on the property owner.

 

12.36.070  Construction—Time limits—Waivers  Every person, firm or corporation required to lay a sidewalk shall have thirty days after service of notice to lay or construct such sidewalk.  At the expiration of thirty days after service of notice, the director of operations shall make a report to the city council, showing whether or not such sidewalks ordered to be constructed have been laid.  After the receipt of such report by the city council, and if it is determined that any sidewalk ordered has not been laid, within thirty days after service of notice, then the city council shall order the same to be laid at the expense of the city.

All cement sidewalks laid at the expense of the city shall be laid in the following manner.  The city council shall advertise for bids for the sidewalk to be rebuilt. Each bid must be sealed an must specify the price for which cement sidewalks, curbs, crosswalks and gutters will be laid along or in front of each lot in accordance with the plans and specifications on file in the Director of Operations’ office for the construction of sidewalks.  The contract for the construction of such walks as may be ordered by the city council during such period, shall be let to the lowest possible bidder, who shall give a good and sufficient bond in an amount to be fixed by the city council.  The city council, however, shall have a right to reject any and all bids received under such advertisement.  After the cost price has been paid for constructing a sidewalk in front of each lot, the director of operations shall certify to the city clerk the amount of such walk constructed, and the amount paid therefore, whereupon the city clerk shall notify the owner of any lot or lots to the effect that the city has caused a sidewalk to be constructed in front of his premises: and that the cost thereof amounted to so much, and that unless the same is paid within five days, the city clerk will cause such sum to be levied and assessed against his property; provided, that where one person owns more than one lot affected by a sidewalk, all such lots may be treated as one lot.  (Prior code §255)

 

12.36.080  Construction—Costs to become lien  If any person fails to pay the city treasurer the cost of any sidewalk within the time specified in Section 12.36.070, such failure shall be reported to the city council by the city treasurer.  The council shall, at any regular meeting, and must, on or before the first Monday in October of each year, levy and assess against any delinquent property, the cost of construction of a sidewalk along or in front of the same, describing each lot and stating the amount assessed against the same.  Immediately thereafter, the city clerk shall file with the county clerk and recorder a certified copy of such order of the council.  The county clerk and recorder shall enter such cost as taxes against each lot affected, and shall certify the same to the county treasurer, the same as other taxes are certified, and any and all sums due the city for the construction of any sidewalk, against any property shall be levied and assessed and collected substantially as other taxes, and such sums so due shall be a lien, as other taxes against such property affected.  (Prior code §256)

 

12.36.090  Construction - Waiver  When a sidewalk has been ordered constructed by the city council, and notices served as provided in this chapter, and the owner or owners of the property affected by the construction of such walk have signed a waiver of the right to construct such walk, or have failed to commence such construction of such walk within the thirty days specified, such failure to so construct shall be considered as a waiver of the right of the party or parties affected to construct such walk, and they shall not have the right after the expiration of such time to construct such walk.  (Prior code §257)

 

12.36.100  Repair—Notice - Costs  When any sidewalk becomes broken or otherwise out of repair or required to be completely re-laid may require such repairs to be made after written notice thereof to the owner or occupant, and such notice shall be served as required for original construction, and such notice shall state what repairs shall be made.  In all cases where it is necessary to completely rebuild any sidewalk, notice shall be served in the manner provided in Section 12.36.060, and if any person fails or neglects to repair such sidewalk after notice as aforesaid, the city shall make such repairs at its own expense and the cost thereof shall be certified to and collected in the same manner as expenses for construction of sidewalks.  (Prior code §258)

 

Chapter 12.40 Snow and Ice Removal from Sidewalks

Sections:

            12.40.010        Snow and ice removal - Generally.

            12.40.030        Snow and ice removal - Depositing on streets prohibited - exception.

            12.40.040        Snow and ice removal - Time allowed - Sprinkling of sand or de-icing agents.

            12.40.050        Absence of notice not a defense against fines.

 

            12.40.010  Snow and ice removal – Generally  It is the duty of the owner of any premises within the City of Dillon to keep the sidewalks in front of and adjoining his premises clean and safe for pedestrians, and with all possible dispatch to remove snow, ice, slush and other impediments to safe convenient foot travel, and to prevent continuous accumulation of the same upon such sidewalks. 

 

12.40.030  Snow and ice removal - Depositing on streets prohibited – exception  No snow, ice, slush or other impediments removed in the City of Dillon shall be dumped, placed or deposited on a dedicated public right of way in the City of Dillon.  The following exceptions apply:

a.         sidewalks

            b.         private driveways not exceeding 200 square feet in area.  Provided, however, that in no case may materials be dumped, placed or deposited in such manner so as to create a hazard to vehicles or pedestrian traffic.

 

12.40.040  Snow and ice removal - Time allowed - Sprinkling of sand or de-icing agents  Sidewalks located in the Central Business District must in all cases be freed from the night’s accumulation of snow, ice, slush, mud or other like impediment before 10:00 a.m. of the same day.  When from freezing of water, snow, or slush thereon, or by reason of such compaction resulting from the wear of foot travel or from any cause whatever, sidewalks are rendered dangerous, unsafe, or difficult to the free passage of pedestrians, it shall be the duty of the owners of premises in front of or adjoining such sidewalks to remedy such conditions by sprinkling sand or de-icing agents on the sidewalks, or chipping or by other safe and efficient means. Sidewalks, other than those located in the Central Business District, must in all cases be kept clean of snow and not to be allowed to remain thereon any snow for a longer period than twelve hours.

 

12.40.050  Absence of notice not a defense against fines  Absence of notice to owners to remove snow, ice, slush, or other obstructions from these shall not constitute a valid excuse against the payment of any fine.

 

Chapter 12.46 Violations – Penalty

12.46.010  Violation - Penalty  Any person convicted of violating the provisions of this title shall be guilty of a misdemeanor and shall pay a fine of not less than twenty-five dollars nor more than one hundred dollars.