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Waterman City Zoning Code

TITLE 6

PUBLIC WAYS AND PROPERTY

6-1-1: SUPERVISION BY BOARD OF TRUSTEES:

No street, avenue, alley, public ground or place shall be altered, repaired, disturbed or improved, in whole or in part, except under the authority, control and regulation of the board of trustees. (1999 Code § 7.01)

6-1-2: REVOCATION OF PERMITS:

Every permit granted under this title shall be taken and accepted subject to the right of the person issuing the same to revoke the permit for noncompliance with the terms of the permit or the ordinances of the village. (1999 Code § 7.02)

6-1-3: SIDEWALK AND CROSSWALK CONSTRUCTION REQUIREMENTS:

All sidewalks and crosswalks constructed in any street, alley, avenue or public ground or place shall be constructed under the supervision of, and the material and workmanship thereof shall be subject to the approval of the board of trustees. All sidewalks, crossings and spaces beneath sidewalks shall be subject to the control and regulations of the board of trustees. No person shall acquire, hold, or use the same for private use. (1999 Code § 7.13)
Where public sidewalk is removed or damaged as part of a construction project, it shall be the responsibility of the property owner that caused such work to take place, to replace or repair the sidewalk as necessary. Any replacement of gravel or reseeding in public ways caused by this project will be the responsibility of homeowner that caused such work. (Ord. 2022-02, 2-8-2022)

6-1-4: GRADES OF PUBLIC WAYS:

Whenever any grade is established in any street, alley, avenue or public place or ground, no person shall lay, build or construct any such sidewalk therein except in conformity therewith. Such sidewalk shall be so constructed that the outer edge of the top surface thereof at the curb line shall coincide with such established grade. In all cases where there is no established grade, any such sidewalk may be constructed wholly in accordance with the directions of and subject to the approval of the board of trustees. (1999 Code § 7.15)

6-1-5: OBSTRUCTIONS AND ENCROACHMENTS:

   A.   Prohibited Generally: The streets, alleys, avenues, public grounds and places of the village shall at all times be kept free and clear of all obstructions, encumbrances and encroachments and shall be open and solely used for public purposes. No part thereof shall be held or taken for any private use or purposes whatsoever. (1999 Code § 7.03)
   B.   Encroachments On Lincoln Avenue:
      1.   Definitions:
   ENCROACHMENT: Any building, fence, sign or any other structure or object of any kind (with the exception of utilities and public road signs) which is placed, located or maintained in, on or over any portion of the roadway right of way.
   ROADWAY RIGHT OF WAY: Those areas existing or acquired by dedication or by fee simple for highway purposes. The term also means the areas acquired by temporary easement during the time the easement is in effect.
      2.   Encroachments Prohibited: It shall be unlawful for any person to erect or cause to be erected, to retain or cause to be retained, any encroachment within the limits of the roadway right of way of U.S. Route 30 (Lincoln Avenue).
      3.   Provisions Are Additional: This subsection is supplemental to all other ordinances. (1999 Code § 7.05)
   C.   Nuisance Declared 1 ; Abatement: Every unauthorized encroachment upon or obstruction in any street, avenue, alley or public ground or place is a nuisance. Any taking, holding, keeping or using of any such street, avenue, alley or public ground or place for a private purpose or use is a nuisance. Every such nuisance shall be abated and removed by the mayor, the board of trustees committee on streets and alleys, or a person acting under direction and supervision of same. No person shall cause, suffer or permit any such nuisance. (1999 Code § 7.03)

6-1-6: DEPOSITS ON PUBLIC WAYS1:

   A.   Prohibited Deposits; Removal Required: It shall be unlawful for any person to throw, deposit or place, or cause, suffer or permit to be thrown, deposited or placed, in any street, alley, avenue, public ground or place any dirt, filth, rubbish, waste, stone, gravel, wood, brush, trees, material, thing or property of any kind. It shall be the duty of such person to remove the same promptly and without injury or damage in any way to any such street, avenue, alley or public ground or place, or to any person or property lawfully therein and without marring, spoiling or defacing the same. (1999 Code §§ 7.04, 7.09)
   B.   Street Improvements:
      1.   Safety Devices: It shall be the duty of every person lawfully authorized to make a deposit on any street, avenue, alley or public ground or place to guard the same in such manner so as to prevent injury to persons or property. Such person shall at all times during darkness and whenever necessary, in addition to guards and other protection, have signal lights placed so as to apprise the public of the location thereof and the danger incident thereto. All material used for the improvement of any such street, alley, avenue or public ground or place shall be deposited thereon near the place, point or location where the same is to be used, and it shall be the duty of every contractor or person making such improvement to guard the same in such manner as herein provided to prevent injury to persons or property. Every person failing to do so or observe the provisions hereof shall be liable for all damages, costs, expenses and attorney fees arising by reason thereof or on account of same.
      2.   Removal Of Debris: It shall be the duty of every person making any improvement in any street, alley, avenue or public ground or place to promptly remove therefrom all material and rubbish not required for such improvement, and to protect the place so improved or being improved, together with all material or property used in connection therewith or taken therefrom, in such a way as to prevent injury to persons or property. Such person shall be liable for all damages and injuries sustained on account thereof arising therefrom. (1999 Code § 7.04)

6-1-7: PROHIBITED INJURY TO AND OBSTRUCTION OF SIDEWALKS:

It shall be unlawful for any person to injure, break, deface, mar or destroy any sidewalk along any street, alley, avenue or public ground or place, or to obstruct or encumber the same, or to store, place or keep thereon any property or thing that will prevent such sidewalk from being free and open at all times to public use and travel. (1999 Code § 7.14)

6-1-8: SAFETY PRECAUTIONS:

It shall be unlawful for any person to make, keep, or maintain, or cause, suffer or permit to be made, kept or maintained, any hole, excavation 1 , pit, opening in any building, structure or place, or any cellar adjacent to or abutting upon any street, avenue or public place or ground in an unprotected, unsafe or insecure manner and without proper and sufficient guards, railings or balustrades or without a properly guarded and protected stairway. The same shall be so kept and maintained as to be safe to persons and property upon such street, alley, avenue, public place or ground and to prevent such persons or property from falling therein. (1999 Code § 7.06)

6-1-9: TREES AND SHRUBS:

   A.   Overhanging Public Ways 1 ; Height Restriction: It shall be unlawful for any person to suffer or permit the branches or parts of any tree, shrub or vine hanging or being over any sidewalk to be nearer thereto than ten feet (10') above the same or to suffer or permit vines, shrubbery or plants to grow or be on any such sidewalk or obstruct the free use thereof. (1999 Code § 7.16)
   B.   Damage To, Protection Of Trees And Shrubs:
      1.   It shall be unlawful for any person to injure, mar, destroy, cut, break or tear any tree, shrub or plant or part thereof in any street, avenue, alley, public ground or place in the village.
      2.   Whenever any person has lawful authority to place wires, conduits, poles or other similar things in any such place, they must first have a permit in writing from the board of trustees to disturb, injure, harm, destroy, cut, break or tear any such tree, shrub or plant or any part thereof interfering with or standing or being in the way of such wires, conduits, poles or other similar things in any such place.
      3.   This subsection does not apply to the village or its authorized agents, servants or employees in the maintenance, repair and regulation of any such street or place. (1999 Code § 7.07)
   C.   Vegetation In Parkway And Easement:
      1.   Definitions:
   EASEMENT: A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation or another person or entity for a specific purpose. For the purpose of this title, easements shall include the utility easement.
   PARKWAY: That area beginning from the back of the curb or the edge of a gravel shoulder and extending to the front edge of the sidewalk.
      2.   Vegetation: No vegetation shall be planted in any parkway or utility easement that has the capability of exceeding twenty feet (20') in height. Examples would include, but not be limited to, maple, elm, and blue spruce.
      3.   Overhead Utilities: Subsection C2 of this section applies to any parkway or utility easement that contains overhead electric utilities.
      4.   Trees: No trees may be planted in any utility easement including easements that contain underground electric utilities.
      5.   Vines: No vines of any species shall be planted in any parkway or utility easement that contain overhead electric utilities.
      6.   Penalties: Any person, firm, or corporation violating any provision of this subsection C shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 2013-08, 8-20-2013)
   D.   Nuisance Trees: A tree which is determined by the Village of Waterman to be a nuisance tree is one which is dead or declining and has the potential to damage other trees, people, or structures. These trees may be located on public or private property.
      1.   It shall be the duty of the property owner on any parcel to promptly remove any trees which pose a risk to personal property or human safety.
      2.   When the Village notifies the property owner, in writing, of a tree which is a potential risk to personal property or human safety, the property owner shall have twenty (20) calendar days to remove the tree. If the property owner has not removed the tree within the 20-day period, then the Village may take action to have the tree removed. If the tree is removed by the Village, a Village invoice shall be sent to the property owner that contains all costs associated with the removal, including but not limited to expended Village staff time, consultant fees and charges, contractor charges and materials, and oversight of said removal. If the property owner fails or refuses to reimburse the Village within thirty (30) calendar days of issuance of a written invoice, the Village shall place a lien on the property until all expenses related to the removal and subsequent lien are paid, and the Village may file a legal action to collect the costs contained in the invoice. (Ord. 2013-08, 8-20-2013; amd. Ord. 2024-03, 6-11-2024)

6-1-10: SNOW AND ICE REMOVAL FROM SIDEWALKS:

   A.   Removal Required; Time Constraints: Every owner, lessee, tenant, occupant, or other person in possession of or having charge of any building or lot of ground in the village abutting upon any public way or public place (hereinafter “person in charge”) shall remove the snow and ice from the sidewalks of such building or lot of ground within twenty-four (24) hours after accumulation thereof. If said person in charge fails to remove such accumulation of snow and ice within said period, a written warning shall be served upon the person in charge. If compliance in removing the snow, ice or other accumulation is not achieved within the twenty-four (24) hours following the service of such a notice, a fifty-dollar ($50.00) fine shall be imposed for each twenty-four (24) hour period thereafter that the snow and ice is not removed. In addition, the village may, at any time and in its sole discretion, take action to remove snow and ice from the sidewalk, at the expense of the person responsible for the same.
   B.   Use of Sand or Salt: In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the person in charge of any building or lot of ground as aforesaid shall, within the time specified, cause the sidewalk abutting on the said premises to be strewn with salt, sand, or some similar suitable material, and shall, as soon thereafter as the weather shall permit, thoroughly clean said sidewalk.
   C.   Nonliability For Damages: Any person who removed snow or ice from the public sidewalk or street shall not, because of his acts or omissions in such removal, be liable for civil damages. This subsection does not apply to acts or omissions amounting to willful or wanton misconduct in such snow or ice removal. (1999 Code § 7.22; amd. Ord. 2021-01, 2-9-2021)

6-1-11: STREET VENDORS1:

Any vendor of merchandise desiring to make a temporary stopping place in any street to sell or vend such merchandise or to advertise the same shall first obtain a permit from the mayor to do so. If the public interest shall in no way be prejudiced or the public annoyed or discommoded thereby, the mayor may grant permission to such vendor to occupy the particular portion of the street designated for a period not exceeding three (3) hours at any one time. If, after giving such permission, said interests are shown to be prejudiced, or public travel and convenience are in any way interfering with the public, the mayor shall have power to revoke any such permission so granted, and all rights and privileges thereunder shall thereupon cease. (1999 Code § 7.08; amd. 2005 Code)

6-1-12-1: DEFINITIONS:

When used in this section 6-1-12, the following words and phrases shall have the meanings ascribed to them in this section:
   CHIEF OF POLICE: The chief of the Waterman police department or the acting chief of police, in the event the chief of police is incapacitated.
   PARADE: Any parade, march, ceremony, demonstration, protest, assembly, show, exhibition, pageant or procession of any kind or any similar display in or upon any street, park or other public place in the village of Waterman.
   PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
   VILLAGE: The village of Waterman. (Ord. 2012-22, 11-13-2012)

6-1-12-2: ASSISTANCE:

All organizations participating in any parade including those not residing within the corporate limits of the village shall be asked to provide assistance in the form of personnel and/or monetarily. (Ord. 2012-22, 11-13-2012)

6-1-12-3: APPLICATION FOR PERMIT; FEE:

   A.   Application: A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.
   B.   Filing Period: An application for a parade permit shall be filed with the chief of police not less than thirty (30) days nor more than sixty (60) days before the date on which it is proposed to conduct the parade. The chief shall issue or deny said permit within five (5) days of application.
   C.   Contents: The application for a parade permit shall set forth the following information:
      1.   Organization: The name, address, and telephone number of the person seeking to conduct such parade. If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
      2.   Parade Chairman: The name, address, and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.
      3.   Date: The date when the parade is to be conducted.
      4.   Route: The route to be traveled (street names), the starting point and the termination point.
      5.   Number Of Participants: The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and the description of the vehicles.
      6.   Hours Of Parade: The hours when such parade will start and terminate.
      7.   Amount Of Street Used: A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
      8.   Assembly Area: The location by streets of any assembly areas for such parade.
      9.   Time Parade Starts To Assemble: The time at which units of the parade will begin to assemble at any such assembly area or areas.
      10.   Authorization To Apply On Behalf Of Another: If the parade is designed to be held by and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the chief of police a communication, in writing, from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.
      11.   Additional Information: Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.
   D.   Late Applications: The chief of police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than fifteen (15) days before the date such parade is proposed to be conducted.
   E.   Fee: There shall be paid at the time of filing the application for a parade permit a fee of ten dollars ($10.00). (Ord. 2012-22, 11-13-2012)

6-1-12-4: PARADE ROUTES:

   A.   Routes Designated: The chief of police of the village shall have the right to issue permits for parade routes as defined by the applicant and prohibit the parking of motor vehicles on said streets a maximum of eight (8) hours before any parade commences. (Ord. 2012-22, 11-13-2012)

6-1-12-5: STANDARDS OF ISSUANCE:

The chief of police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:
   A.   The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
   B.   The conduct of the parade will not require the diversion of so great a number of police officers of the village to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the village.
   C.   The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the village other than that to be occupied by the proposed line of march and area contiguous thereto.
   D.   The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.
   E.   The conduct of such parade will not unduly interfere with the movement of firefighting equipment en route to a fire.
   F.   The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a violation of civil or property rights or of any other law.
   G.   The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
   H.   The parade is not to be held for the sole purpose of advertising any product, good or event, and is not designed to be held purely for private profit. (Ord. 2012-22, 11-13-2012)

6-1-12-6: ISSUANCE OF PERMIT; CONTENTS:

   A.   Notice To Village Board: Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof to the following:
      1.   The mayor.
      2.   The fire chief.
      3.   The superintendent of public works.
      4.   The postmaster. (Parades may impact mail delivery.)
   B.   Contents Of Permit: Each parade permit shall state the following information:
      1.   Starting time.
      2.   The portions of the streets to be traversed that may be occupied by the parade.
      3.   The maximum length of the parade in miles or fractions thereof.
      4.   Such other information as the chief of police shall find necessary to the enforcement of this section.
      5.   Village of Waterman police and public works manpower needs. (Ord. 2012-22, 11-13-2012)

6-1-12-7: DENIAL OF PERMIT; NOTICE AND APPEAL:

   A.   Right To Deny: The chief of police shall have the right to refuse to issue any parade permit that would affect the health, safety and morals of the residents of the village. Said rejections and reasons for same must be approved by the village board within fifteen (15) days of the parade application.
   B.   Denial Notice: If the chief of police disapproves the application, he shall mail by certified mail to the applicant within five (5) days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit.
   C.   Appeal Procedure: Any person aggrieved shall have the right to appeal the denial of a parade permit to the village board. A notice of appeal shall be filed with the village clerk within three (3) days after receipt of notice of the chief's action. The village board shall act upon the appeal at the next meeting of said board after such filing. (Ord. 2012-22, 11-13-2012)

6-1-12-8: ALTERNATIVE PERMIT:

The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three (3) days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this section 6-1-12. (Ord. 2012-22, 11-13-2012)

6-1-12-9: DUTIES OF PERMITTEE:

   A.   Compliance With Laws: A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
   B.   Possession Of Permit: The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. (Ord. 2012-22, 11-13-2012)

6-1-12-10: PUBLIC CONDUCT DURING PARADES:

   A.   Interference: No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
   B.   Driving Through Parades: No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
   C.   Parking On A Parade Route: The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this section. (Ord. 2012-22, 11-13-2012)

6-1-12-11: ILLEGALLY PARKED VEHICLES; TOWING:

The police department and all members thereof assigned to traffic duty are hereby authorized to remove and tow away any vehicle illegally parked; including vehicles parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks an entrance drive, exit drive or driveway, blocks the use of a fire hydrant or obstructs the movement of any emergency vehicle; or in any public place where signs have been legally posted either limiting or prohibiting parking; or any vehicle not parked within designated parking spaces on roadways. Vehicles towed away shall be stored and shall be released to the owner or operator thereof after payment of the applicable towing and storage fees pursuant to section 5-6-4 of this code. (Ord. 2012-22, 11-13-2012)

6-1-12-12: REVOCATION OF PERMIT:

The chief of police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth. (Ord. 2012-22, 11-13-2012)

6-1-12-13: PENALTIES:

Any person failing to comply with this section by holding a parade without a permit shall be subject to penalty as provided in section 1-4-1 of this code. In addition, any person taking part in a parade without the required permit and intending to be a part of such parade as distinguished from a mere observer shall be subject to penalty as provided in section 1-4-1 of this code; and further, any person violating or failing to comply with any terms or provisions of a permit shall be subject to penalty as provided in section 1-4-1 of this code if said person was responsible for holding the parade and shall be subject to penalty as provided in section 1-4-1 of this code if said person is found to have participated in such a parade. (Ord. 2012-22, 11-13-2012)

6-2-1: PURPOSE AND SCOPE:

   A.   Purpose. The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the Village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city rights-of-way and the city as a whole.
   B.   Scope. This Chapter applies to all utility facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the Village. A utility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.
   C.   Conflict in Terms. In the event of any conflict with, or inconsistency between, the provisions of this chapter and the provisions of any franchise, license or similar agreement between the Village and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
(Ord. 2023-05, 6-13-2023)

6-2-2: PERMIT REQUIRED; APPLICATION AND FEES:

   A.    Permit Required. It shall be unlawful for any person to enter upon any and all Village property including easements, rights-of-way and the like for the purpose of performing any construction, alteration, repair of buildings or other structures or sidewalk, street, sewer or water installation, installation or placement of utility facilities, repair or improvement without first obtaining a permit as set forth in this section.
   No person shall construct any utility facility on, over, above, along, upon, under, across, or within any Village right-of-way which (1) changes the location of the facility, (2) adds a new facility, (3) disrupts the right-of-way (as defined in this chapter), or (4) materially increases the amount of area or space occupied by the facility on, over, above, along, under across or within the right-of-way, without first filing an application with the Village and obtaining a permit from the Village. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right-of-way.
   B.   Permit Application and Approval. Completed permit applications, containing all required documentation, shall be examined by the Village Engineer within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall reject such application in writing, stating the reasons, therefore. If the Village Engineer is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall issue a permit as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Village Engineer that the construction proposed under the application shall be in full compliance with the requirements of this chapter.
   C.    Effect of Permit; No Property Right or Other Interest Created. A permit from the Village authorizes a permittee to undertake only certain activities in accordance with this chapter on Village rights-of-way and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights-of-way.
(Ord. 2023-05, 6-13-2023)

6-2-3: PERFORMANCE BOND REQUIRED:

   A.   A performance bond in an amount determined by the board of trustees shall be required for any work in the public right of way, including, but not limited to, any public sidewalk construction, curb cut or street breaking. The bond shall be established in a sufficient amount to pay for any and all damages which occur to any tree, street, sidewalk, roadway or to any appurtenance belonging to the village, or to any cable, telephone or electric pole or wire, or to trees or to other property of adjacent private property holders, whether or not such damage was inflicted by the permit holder or his agents or employees.
   B.   All performance bonds shall provide good and sufficient sureties to save and indemnify the village against all liabilities, judgments and expenses which may accrue against the village in consequence of the granting of a permit to perform construction or repair work within the public right of way or in consequence of any substandard work. No bond will be accepted which is not accompanied by a certificate showing:
      1.   Liability insurance in force, the limits of which are not less than two hundred fifty thousand dollars ($250,000.00) for injury to one person and five hundred thousand dollars ($500,000.00) for injuries arising out of an accident in which more than one person is involved.
      2.   Property damage insurance in force, with a minimum coverage of two hundred fifty thousand dollars ($250,000.00) and a deductible clause not exceeding five hundred dollars ($500.00). Each certificate of insurance must indicate the policy's expiration date.
(Ord. 2023-05, 6-13-2023)

6-2-4: SAFETY PRECAUTIONS:

It shall be the duty of every person who opens any street, alley, avenue or public ground or place to guard the same in such manner so as to prevent injury to persons or property. Such person shall at all times during darkness and whenever necessary, in addition to guards and other protection, have signal lights placed so as to apprise the public of the location thereof and the danger incident thereto. Every such person who fails to do so or fails to observe the provisions hereof shall be liable for all damages, costs, expenses, and attorney fees arising by reason thereof or on account of the same.
(Ord. 2023-05, 6-13-2023)

6-2-5: LIABILITY FOR DAMAGES:

Every person receiving a permit to make any hole, ditch, pit, vault or excavation in any street, alley, avenue or public ground or place shall be issued such permit upon the express conditions that he shall take every precaution to protect the public against the same and to prevent accidents or injuries to property or persons, and that he shall be liable for all damages, injuries, expenses, attorney fees or costs arising therefrom or on account thereof.
(Ord. 2023-05, 6-13-2023)

6-3-1: USE OF PARKS:

   A.   Parks and common areas are available for use by residents, guests, and visitors.
   B.   Village parks shall be open and available for use from dawn until dusk.
   C.   Extended hours may be granted by Village permit.
   D.   Safe use of the parks and common areas is the responsibility of the individual.
   E.   The Village of Waterman is not responsible for any injuries or damages from inappropriate use or activities.
   F.   Damage to the parks and common areas shall be the sole responsibility of the responsible person.
   G.   No person shall cut, pick, mutilate, move or attempt to move or in any other way harm a tree, bush, shrub, flower, wild flower, turf, rock, stone, or other natural or fabricated formation on park property.
   H.   No person shall deface or destroy any bench, sign, building or any other property at the park.
   I.   No person shall build a fire of wood, charcoal or other material on the ground or any other place other than in designated areas.
   J.   No person shall hunt, trap, kill, disturb, molest, or destroy a nest of any bird or migratory waterfowl, or in any way harm or feed any wild animals within park property.
   K.   No person shall discard any rubbish or garbage on park grounds except in receptacles provided for such purpose. Illegal dumping is strictly prohibited.
   L.   Persons shall use playground equipment in a manner for which it is intended and shall refrain from using playground equipment in a manner which threatens to harm other persons or damage their property or property of the park, including activities which may result in damage to the playground equipment being improperly used.
   M.   No person on park property shall engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to disturb public peace. (Ord. 2019-03, 6-11-2019)

6-3-2: CAMPING:

   A.   Camping shall be defined as: the act of using any part of the property or facilities for living accommodation purposes, such as establishment of temporary or permanent living quarters, sleeping outdoors overnight or making preparations for overnight sleeping (including the laying down of bedding), storing personal belongings, using any tent, shelter, or similar structure regardless of size for sleeping; sleeping in, on, or under parked vehicles, or setting up temporary or permanent sleeping areas outdoors or in structures not designated for human occupancy.
   B.   Camping is prohibited unless a permit is obtained by the Village. (Ord. 2019-03, 6-11-2019; amd. Ord. 2025-01, 1-14-2025)

6-3-3: MOTORIZED VEHICLES:

   A.   Operation of motorized vehicles is prohibited except on designated roads.
   B.   All vehicles must be operated by a licensed driver.
   C.   Speed limit is ten (10) mph.
   D.   The use of snowmobiles and all-terrain vehicles is prohibited.
   E.   Parking is prohibited except in designated parking areas and immediately adjacent to designated roads. (Ord. 2019-03, 6-11-2019)

6-3-4: SHELTERS:

   A.   All shelters shall be used in a neat and safe manner.
   B.   The enclosed shelter may be reserved at Village Hall for a fee.
   C.   Renters are required to clean the shelter and dispose of trash in the approved receptacle at the end of their use.
   D.   All damages are the responsibility of the renter.
   E.   Rental of the shelter does not include exclusive use of the other park facilities. (Ord. 2019-03, 6-11-2019)

6-3-5: ALCOHOL:

   A.   Alcohol use is prohibited in all Village parks and common areas unless a permit is obtained from the Village.
   B.   Sale of alcohol is allowed only with a temporary license obtained through the Liquor Commissioner.
   C.   No person under the age of twenty-one (21) shall possess or consume any alcohol.
   D.   No open containers may be carried in or out of Lion's Park at any time. (Ord. 2019-03, 6-11-2019; Ord. 2021-09, 10-12-2021)

6-3-6: ANIMALS:

   A.   Dogs are allowed to use the parks and common areas but must be on a leash.
   B.   Animal waste must be picked up by the owner and disposed of properly.
   C.   Other animals may be allowed by permit only. (Ord. 2019-03, 6-11-2019)

6-3-7: FIREWORKS:

   A.   Fireworks are strictly prohibited except as allowed in title 4, chapter 6 of this Code. (Ord. 2019-03, 6-11-2019)

6-3-8: PENALTY:

   A.   Any person or persons found to be in violation of this chapter shall be fined for each offense in addition to paying for any damages or other expenses. (Ord. 2019-03, 6-11-2019)

6-3-9: FIREARMS:

   A.   Firearms are strictly prohibited unless a permit is obtained from the Village. (Ord. 2019-03, 6-11-2019)

6-3-10: SPLASH PAD RULES:

   A.   The Committee on Public Safety is authorized to create "Rules for Use" of the Splash Pad located in Waterman Lion's Park. The Committee on Public Safety shall provide the rules for use to the Board of Trustees and the rules shall be posted in village hall and on the village's website. Any change to the "Rules for Use" must be approved by the Committee on Public Safety.
   B.   Penalty: Any person who shall violate the "Rules for Use" may be asked to leave the park and may be fined as provided in section 1-4-1 of this code for each offense and will be required to pay for any damages. (Ord. 2021-09, 10-12-2021)