Chapter 50
STREETS, SIDEWALKS AND PUBLIC PLACES*
------------
Charter references: Provision adopting Code of Virginia, § 15.2-2000 et seq., granting city certain powers relating to streets, alleys and other public ways, places and property, § 3.
State law references: Streets and alleys, Code of Virginia, § 15.2-2000 et seq.; authority of city relating to closing streets and alleys generally, Code of Virginia, § 15.2-2013.
------------
Article I. In General
Sec. 50-1. Closing of streets during work thereon.
Sec. 50-2. Duty of property owner whose land abuts sidewalk and is above level thereof.
Sec. 50-3. Gates not to open outwards.
Sec. 50-4. Barbed wire fences.
Sec. 50-5. Discharge of water from gutter or waterspout.
Sec. 50-6. Removal, etc., of snow, ice and sleet.
Sec. 50-7. Maintenance of areas between city sidewalks and curbs of city streets.
Sec. 50-8. Building fires on streets.
Sec. 50-9. Illegal obstruction of free passage in public places, temporary closing of streets, and permits for temporary use of streets by others.
Sec. 50-10. Throwing stones, etc., in or into streets.
Sec. 50-11. Gratings or iron doors on openings in sidewalks.
Sec. 50-12. Placing, etc., goods on street or pavement; hanging goods from awning; permit for sidewalk sales.
Sec. 50-13. Removal of encroachment upon street by building, fence, etc.
Secs. 50-14– 50-44. Reserved.
Article II. Projections
Sec. 50-45. Permit required; compliance with article.
Sec. 50-46. Revocation of permit generally.
Sec. 50-47. Grounds for rejection of application for permit or revocation of permit.
Sec. 50-48. Erection and maintenance.
Sec. 50-49. Height.
Sec. 50-50. Negligence or liability of owners.
Secs. 50-51– 50-73. Reserved.
Article III. Paving, Construction, Etc.
Sec. 50-74. Grade, alignment, etc., of streets, sidewalks, curbs and pavements.
Sec. 50-75. Standards, specifications and requirements for construction of streets, curbs, gutters and private driveway entrances.
Sec. 50-76. Construction, alteration and repair of sidewalks by property owners, etc.
Sec. 50-77. Laying-out and surfacing of streets other than those to accommodate subdivisions.
Sec. 50-78. Construction of sidewalks, curbs and gutters upon application of property owners.
Sec. 50-79. Sidewalk, etc., crossings.
Secs. 50-80– 50-101. Reserved.
Article IV. Numbering of Houses and Buildings
Sec. 50-102. Division of city into quadrants.
Sec. 50-103. Method.
Sec. 50-104. Plan; duty of building official.
Sec. 50-105. Duty of owners of buildings or houses; location and size of numbers.
Sec. 50-106. Unauthorized removal of numbers.
Secs. 50-107– 50-125. Reserved.
Article V. Excavations
Sec. 50-126. Ditch, trench or opening requires permit.
Sec. 50-127. Bond or cash deposit.
Sec. 50-128. Barricades and safety precautions.
Sec. 50-129. Restoration of surface.
Secs. 50-130– 50-156. Reserved.
Article VI. Litter Control
Sec. 50-157. Dumping trash, etc., on street, right-of-way, public or private property; penalty for violation.
ARTICLE I. Sec. 50-1. Closing of streets during work thereon.
(a) If it shall appear necessary to the city manager to close any street coming under his jurisdiction so as to permit proper completion of work which is being performed, he may close, or cause to be closed, the whole or any portion of such street deemed necessary to be excluded from public travel.
(b) While any such street, or portion thereof, is so closed, or while any such street, or portion thereof, is in process of construction or maintenance, the city manager may erect, or cause to be erected, suitable barriers or obstructions thereon, may post, or cause to be posted, conspicuous notices to the effect that the street, or portion thereof, is closed and may place warning signs, lights and lanterns on such street or portions thereof.
(c) When such street is so closed to the public, it shall be unlawful for any person to willfully break down, drive into new construction work, remove, injure or destroy any such barrier or obstruction, on a street being constructed, or to tear down, remove or destroy any such notice, or to extinguish, remove, injure or destroy any such warning light or lantern so erected, posted or placed.
(Code 1984, § 20-1)
Sec. 50-2. Duty of property owner whose land abuts sidewalk and is above level thereof.
All property owners in the city having land or grounds abutting on public sidewalks and above the level of such sidewalk, shall either provide retaining walls or grade and turf such land so that dirt will not wash down upon such walks.
(Code 1984, § 20-2)
Sec. 50-3. Gates not to open outwards.
Every gate built in any fence or wall shall be so hung as not to open over or obstruct any sidewalk.
(Code 1984, § 20-3)
Sec. 50-4. Barbed wire fences.
It shall be unlawful for any person to erect a barbed wire fence on or along any street of the city within three feet thereof.
(Code 1984, § 20-4)
Sec. 50-5. Discharge of water from gutter or waterspout.
It shall be unlawful for any person to erect or maintain a gutter or waterspout which discharges water upon a sidewalk.
(Code 1984, § 20-5)
Sec. 50-6. Removal, etc., of snow, ice and sleet.
(a) It shall be the duty of every occupant or owner of a building or lot which has a sidewalk or footway of stone, brick, gravel, cinder, wood or other substance, when such walk is built and maintained by the city, adjoining and touching upon the same in front, rear or either side thereof, to have all snow removed from such sidewalk or footway within six hours after such snow has ceased falling, unless such snow shall have fallen during the night, in which case it shall be removed before 12:00 noon the succeeding day.
(b) In event snow or sleet falls upon Sunday, the occupants or owners, as the case may be, of lots or tenements shall have until 12:00 noon the following Monday to comply with the subsection (a) of this section.
(c) The requirements applicable to removal of snow shall apply with reference to ice or sleet on sidewalks or footways; except, that when ice or sleet cannot be removed without injury to the sidewalk or footway, such ice or sleet shall be covered within the period of time above specified with sand, ashes or some substance which will render it safe for travel.
(d) When there is no tenement on such lot, or no occupant of any tenement thereon, it shall be the duty of the owner of the lot or tenement, or his agent, to have the snow or ice removed from his sidewalk or footway as above required of occupants of houses.
(Code 1984, § 20-6)
State law references: Authority, Code of Virginia, § 15.2-1115.
Sec. 50-7. Maintenance of areas between city sidewalks and curbs of city streets.
(a) Where there is a strip of land between the sidewalk and curbline of any city street, the owners or occupants of lands abutting such sidewalk may plant trees, flowers or other ornamental plants thereon provided they obtain a permit from the city zoning administrator.
(b) Where there is such a strip of land between the sidewalk and curbline of any city street, it shall be the duty of the occupant or owner of any land abutting such sidewalk to remove any refuse (as defined in Code of Virginia, § 17.1-2) from such strip and to cut and trim any grass, plant, weeds or other vegetation which exceeds a height of eight inches, other than trees, shrubbery, flowers or other ornamental plants. Nothing in this section shall authorize any person to cut or remove any tree or ornamental shrub without first obtaining a permit from the city's zoning administrator.
(c) Whenever it shall come to the knowledge of the zoning administrator that there exists upon any such strip any condition constituting a violation of this section, it shall be his duty to serve notice on the occupant thereof, or, if unoccupied, on the owner to have such refuse removed and to have any vegetated matter cut and removed within a reasonable time not to exceed five days from receipt of such notice. If such land or premises are unoccupied, such notice shall be served on the owner thereof, if he be a resident, and if not, upon the owner's agent in charge thereof, or upon the owner by the certified mail addressed to the owner at the last address provided to the commissioner of revenue for purposes of real estate taxation.
(d) Any occupant or owner who shall fail to comply with the notice within the time specified in the notice shall be guilty of a Class 4 misdemeanor, and each day that such condition is permitted to remain upon such premises after the expiration of the time specified in such notice shall be deemed to constitute a separate offense under this section.
(e) Whenever any person is in possession of any property or has charge thereof in the city thereof as executor, the administrator, trustee, guardian or agent, such person shall be deemed to be the owner of such property for the purposes of this article and shall be bound to obey all orders and notices of the zoning administrator in regard to enforcement of this section in the same manner and be subject to the same penalties and fines, as if such person were actually the owner of such property.
(f) The provisions of this section shall not apply to refuse placed in the strip between the sidewalk and curb for refuse collection in accordance with the provisions of chapter 46 or to materials placed in such strip pursuant to court order.
(Ord. of 10-23-2001, § 1(20-6.1))
Sec. 50-8. Building fires on streets.
It shall be unlawful for any person to build or cause to be built any fire on any street without the consent of the city manager, and then only in compliance with the fire prevention code.
(Code 1984, § 20-7)
State law references: Authority, Code of Virginia, § 15.2-1118.
Sec. 50-9. Illegal obstruction of free passage in public places, temporary closing of streets, and permits for temporary use of streets by others.
(a) Any person who in any public place or on any private property open to the public unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such place or property and who shall fail or refuse to cease such obstruction or shall fail or refuse to move on when requested to do so by the owner or lessee or agent or employee of such owner or lessee or by a duly authorized law enforcement officer shall be guilty of a Class 1 misdemeanor. Nothing in this section shall be construed to prohibit lawful picketing or any use of a street, alley, or other public place pursuant to subsection (b) or (c) of this section.
(b) The city may close streets and alleys temporarily for public purposes or where such closing is deemed necessary for public safety.
(c) Any person, firm, association, organization or corporation desiring to use a city street, alley, sidewalk, parking lot, or other publicly owned property for other than public purposes and requesting that such property be blocked and temporarily closed for public use and travel, may apply in writing to the city council for a permit for such use. The city council may issue a permit allowing such applicant to block the specified street, sidewalk, parking lot or other public property and allowing the applicant the temporary use of such places for other than public purposes. Such permit shall not be issued unless: (i) consent in writing to such obstruction or blocking of the street, sidewalk, parking lot, or public place is given in writing by the owners or lessees of 90 percent of the real estate lots or parcels abutting the property to be blocked or closed; (ii) the applicant so permitted to use the street or public place furnishes a public liability and property insurance contract insuring the liability of such person, firm, association, organization or corporation for personal injury or death and damages to property resulting from such temporary use in such amounts as shall be designated by the city council in the permit, in which contract the city shall be named as an additional insured; and (iii) when any street closed is an extension of the state highway system, adequate provision shall be made to detour through traffic; and (iv) no advertising of any business other than vendors involved in the use or event shall be displayed in or on the street in connection with such use.
(Code 1984, § 20-9)
State law references: Authority for temporary closing of streets, Code of Virginia, § 15.2-2014.
Sec. 50-10. Throwing stones, etc., in or into streets.
No person shall in any street or sidewalk throw any stone, ball or missile of any character, and no person shall throw any stone, ball or missile of any character into or across any street, alley or sidewalk.
(Code 1984, § 20-10)
Sec. 50-11. Gratings or iron doors on openings in sidewalks.
When any cellar door or other opening is allowed in any sidewalk of the city, the owner of the adjacent property shall provide such opening with iron grating or iron doors, flush with the pavement and shall maintain such cellar door or other opening in a safe condition.
(Code 1984, § 20-11)
Sec. 50-12. Placing, etc., goods on street or pavement; hanging goods from awning; permit for sidewalk sales.
Except as otherwise provided, it shall be unlawful for any merchant to place or exhibit wares, goods or merchandise upon the streets or pavements of the city or to hang same upon awnings in front of their buildings. The city manager may, upon good cause being shown, issue a permit to permit sidewalk sales, which permits may be subject to such terms and conditions as the city manager may set. Any permit granted pursuant to this section shall be revocable at any time by the city manager, subject to appeal to the city council.
(Code 1984, § 20-12)
Sec. 50-13. Removal of encroachment upon street by building, fence, etc.
In every case of an encroachment upon a street by a building, fence or other structure, whether permanent or temporary, the city council shall require the owner or maintainer thereof to remove the same.
(Code 1984, § 20-13)
Secs. 50-14– 50-44. Reserved.
ARTICLE II. Sec. 50-45. Permit required; compliance with article.
Except as otherwise provided, it shall be unlawful for any person to erect or maintain any awning, canopy, balcony or any object projecting across any public street or sidewalk of the city until and unless a permit therefor shall have first been obtained from the city manager, and then only under the terms and conditions as set forth in this article. This section shall not be construed to apply to signs.
(Code 1984, § 20-14)
Sec. 50-46. Revocation of permit generally.
Any permit granted pursuant to this article shall be revocable at any time by the city manager, subject to appeal to the city council.
(Code 1984, § 20-15)
Sec. 50-47. Grounds for rejection of application for permit or revocation of permit.
It shall be sufficient reason for rejection of an application for a permit under this article or for revocation of any such permit, if the projection is not of a neat and attractive appearance or if it would tend to detract from the appearance of the street or way on which it is erected or proposed to be erected.
(Code 1984, § 20-16)
Sec. 50-48. Erection and maintenance.
All projections over a public way erected under a permit granted pursuant to this article shall be erected and maintained in a safe and secure manner and the erection and maintenance shall be at all times subject to the approval of the city manager.
(Code 1984, § 20-17)
Sec. 50-49. Height.
No projection erected pursuant to a permit granted under this article shall be less than seven feet above the public way, measured from the lowest part of the projection to the surface of the street or sidewalk.
(Code 1984, § 20-18)
Sec. 50-50. Negligence or liability of owners.
Nothing contained in this article shall be construed to relieve the owners of any projection erected pursuant to a permit granted under this article of any negligence or liability on their part.
(Code 1984, § 20-19)
Secs. 50-51– 50-73. Reserved.
ARTICLE III. Sec. 50-74. Grade, alignment, etc., of streets, sidewalks, curbs and pavements.
(a) When a street line, grade of centerline or curb of any street or sidewalk is established by the city council or by a city officer duly designated for such purpose, such grade and alignment shall be official, and no person shall change such grade or alignment so fixed.
(b) The situation, range, height, width and pitch of the curbstones and pavements shall be determined and established by the city council or by a city officer duly designated for such purpose, and shall be complied with.
(Code 1984, § 20-20)
Sec. 50-75. Standards, specifications and requirements for construction of streets, curbs, gutters and private driveway entrances.
The laying out, grading and paving of all city streets, curbs and gutters and of all streets, curbs and gutters intended or proposed for dedication to the city shall conform to the standards, specifications and requirements of the state department of transportation, except as may be provided otherwise by the city council, city manager or the land development regulations with respect to any particular street, curb or gutter. Private driveway entrances shall conform to the provisions of section 50-79.
(Code 1984, § 20-21)
Sec. 50-76. Construction, alteration and repair of sidewalks by property owners, etc.
Any person owning, occupying or in charge of any property in the city who is required or holds a city permit to construct, alter or repair any sidewalk on or adjacent to such property shall, in the performance of such work, conform to all applicable standards, specifications and requirements of the city.
(Code 1984, § 20-22)
Sec. 50-77. Laying-out and surfacing of streets other than those to accommodate subdivisions.
(a) The initial laying-out or surfacing of streets other than those to accommodate subdivisions shall be as follows:
(1) Property owners shall provide sufficient evidence that the right-of-way is properly dedicated and acceptable under state highway commission standards and regulations.
(2) All property owners shall agree to pay 50 percent of the cost of the street base preparation and to deposit with the town an estimated 50 percent of the total base cost prior to the commencement of construction. (Required depth of stone to be six inches.)
(b) Upon having met the foregoing requirements the city council will then hear those applying for paving on the basis of availability of funds and the level of development on the subject street.
(Code 1984, § 20-23)
Sec. 50-78. Construction of sidewalks, curbs and gutters upon application of property owners.
(a) In all instances in which application is made for the construction of sidewalks, curbs and gutters in the city, the property owners shall pay for one half of the total estimated cost of construction of the sidewalks, curbs and gutters abutting their property, the estimated costs being determined by the city.
(b) No such construction will be started until 100 percent of owners of the front footage in a block shall have been applied for and until the respective property owners shall have paid their proportionate parts of the total estimated costs in full.
(c) All projects will be constructed in the order such payments are made and at such time as the forces of the city are available.
(Code 1984, § 20-24)
Sec. 50-79. Sidewalk, etc., crossings.
(a) Whenever, to enter a driveway or any lot or grounds, it is necessary to cross the pavement, sidewalk or other right-of-way of the city, such crossing shall be located, constructed and paved in accordance with the city plans and specifications.
(b) Location, dimensions, alignment, grade and number of crossovers shall be approved by the city manager or his designated agent.
(Code 1984, § 20-25)
Secs. 50-80– 50-101. Reserved.
ARTICLE IV. Sec. 50-102. Division of city into quadrants.
Main Street and Bridge Street shall be considered the dividing lines of the four quadrants of the city and shall constitute the axis of reference. The four quadrants shall be styled: "northwest," "northeast," "southwest" and "southeast" divisions.
(Code 1984, § 20-26)
Sec. 50-103. Method.
The houses and buildings upon the avenues, streets, roads and boulevards shall be numbered as follows:
(1) Whenever possible, beginning at the division of the quadrants and moving therefrom upon the axis of reference, houses and lots shall be numbered from "100" upward allowing, whenever practicable, one number for every 25 feet on each side of the street in the business district and 50 feet on each side of the street in the residential districts. Odd numbers shall be placed on the left side and even numbers on the right side thereof. Except in the cases of half streets and when physical contingencies require modification, a new hundred shall begin on streets where an avenue, road or boulevard is crossed, on avenues where a street is crossed and on roads or boulevards where an avenue or street is crossed.
(2) Whenever an avenue crosses a street, the number of the street shall be the control for numbering houses and lots on the avenue. Whenever a street crosses an avenue, the number of the avenue with relation to its quadrant division shall be the control for numbering houses and lots on the street.
(Code 1984, § 20-27)
Sec. 50-104. Plan; duty of building official.
A plan dated August 9, 1949, described as "Master Plan for House Numbering System, Town of Bedford, Virginia," is hereby adopted as a guide for all house and lot numbers in the city. A copy of such plan shall be placed in the office of the building official. The building official shall assign house numbers in accordance therewith.
(Code 1984, § 20-28)
Sec. 50-105. Duty of owners of buildings or houses; location and size of numbers.
All owners of the buildings or houses within the city shall, within 60 days from the date of assignment of a house number by the building inspector, place or cause to be placed and hereafter maintained on the front of their respective buildings or houses or at the street entrance to the same, the proper house number assigned to such building or house. Such numbers shall be firmly affixed in a conspicuous place and the numbers shall not be less than three inches in height and shall be clearly visible from the street.
(Code 1984, § 20-29)
Sec. 50-106. Unauthorized removal of numbers.
Any unauthorized person who shall remove or cause to be removed the number assigned to any building or house, pursuant to this division, after it has been affixed thereto shall be guilty of a misdemeanor.
(Code 1984, § 20-30)
Secs. 50-107– 50-125. Reserved.
ARTICLE V. Sec. 50-126. Ditch, trench or opening requires permit.
No person shall open any ditch, trench or other opening in any street, sidewalk or public place without a permit so to do issued by the city manager.
(Code 1984, § 20-31)
Sec. 50-127. Bond or cash deposit.
The city manager may require, as a condition precedent to issuance of any such permit, that the applicant therefor post bond, with corporate surety and payable to the city, in such amount as may be reasonably necessary to reimburse the city for expenses which may be incurred by the city should the permittee fail to restore the surface to a condition satisfactory to the city manager, or in lieu of such bond a cash deposit may be made with the city treasurer; provided, that the city manager may waive this requirement for public utility companies.
(Code 1984, § 20-32)
Sec. 50-128. Barricades and safety precautions.
All persons making excavations pursuant to this article shall, at places of such excavations, erect adequate barriers, provide light during periods of darkness, and take such other measures as may be reasonably necessary to protect persons, animals and property against any dangerous conditions; provided, that in no case shall the city be considered to have waived its immunity from liability by reason of the failure of any permittee to comply with this section.
IN GENERAL
PROJECTIONS
PAVING, CONSTRUCTION, ETC.
NUMBERING OF HOUSES AND BUILDINGS
EXCAVATIONS