Midway Ordinances
See also Ordinance 611.1 and 611.3
from
300.0 PUBLIC SAFETY.
300.1 HOUSE NUMBERS REQUIRED, PENALTY.
(1) Each and every residence, building,
business or other structure within the limits of the City of
(3) The owner of any residence, building,
business or other structure which does not display its assigned street number
as required by this Ordinance within thirty (30) days after receipt of notice
from the City shall be fined $ 5.00 per day for each day of the continuing
violation of this Ordinance.
(4) The City may, in its discretion, anytime
after thirty (30) days from the effective date of this Ordinance, post street
numbers upon any residence, building, business or other structure upon which a
street number has not been displayed in accordance with this Ordinance and
assess a reasonable charge against the property for its expenses, the minimum
amount of such charge to be $ 25.00.
Compiler’s notes: Originally adopted
by ordinance dated May 7,
1990.
641.0 SIDEWALKS.
641 • 1 SIDEWALK REPAIR,
MAINTENANCE AND RENOVATION
1. Sidewalks reserved for pedestrians. All
sidewalks located within the right-of-way of the public thoroughfares of the
City of
2. Abutting landowner responsible for
maintenance. The owner of real property abutting the sidewalk shall be
responsible for the repair and maintenance of the portion of the sidewalk that
abuts his or her property.
3. Permit required for installation or
removal. No sidewalk shall be removed or installed by any person without first
having a written permit from the City.
4. Permits applications available from City
Clerk. Application for a sidewalk repair or installation permit shall be made
on forms furnished by the City.
5. Permit fees. Fees for a sidewalk
installation permits, payable in advance, are as follows:
Fifty lineal feet or less $ 5.00
Each additional 50 feet or fraction
thereof $ 1.00
6. Duration of permit. A permit shall expire
for work not started within thirty days or completed within ninety days after
issuance of a permit, and a new permit shall be required before beginning or
completing the work.
7. Sidewalk specifications to be established
by City Council. Sidewalks shall be constructed in accordance with details and
specifications as established by the City Council.
8. Grade and line to be established. No
sidewalk shall be installed unless a grade and line are established therefor.
If no grades or lines are available, sidewalks may be installed, but they shall
be removed, modified or replaced to conform to grades and lines when
established by the City at the sole cost of the property owner abutting said
sidewalk.
9. Mayor may designate sidewalk improvement
projects. The City of
10. City may construct sidewalks. The City may,
at its own expense, construct or replace sidewalks within the City upon
adoption by the City Council of a plan for the construction or replacement of
sidewalks. The plan must show the location of the sidewalks to be constructed
or replaced and contain a finding by the City Council that construction or
replacement of such sidewalks will promote public safety and welfare. Upon
completion of construction, the repair and maintenance of any sidewalks
Constructed by the city shall
be the responsibility of the abutting landowner in accordance with Section 2
above.
11. Penalties for violation. Any person
violating the terms of this Ordinance shall be fined the sum of $ 10.00 per day
for each day of the continuing violation.
Compiler’s note:
1. A Midway Sidewalk Ordinance was originally
adopted
(1) All sidewalks located within the
right-of-way of the public thoroughfares of the City of
(2) The City of
(3) Upon adoption by the City Council of a plan
for construction, replacement, or repair of sidewalks within the City of Midway
showing the area of sidewalks to be constructed, repaired, or replaced the City
shall so advise the property owners abutting the sidewalks to be constructed,
repaired, or replaced (which property owners shall then be designated as
benefited property owners). The notification to the benefited property owners
shall be by first class letter to the owner of the property shown on the ad
valorem tax bills for the city of
(A) The total cost of the sidewalk construction,
repair, or replacement shall be determined on a per running foot basis, and the
benefitted property owner shall be assessed a pro rata part of the cost of the
sidewalk construction, repair, or replacement as the number of running feet
across the property owned by the benefited property owner relates to the total
number of running feet of the project.
(B) The ordinance supplementing this sidewalk
ordinance and designating the specific sidewalk construction repair or
replacement project to be undertaken by the City of
(4) Upon completion of the sidewalk
construction, repair, or replacement project the City Clerk shall forward to
each benefitted property owner at the address shown on the ad valorem tax bill
for the City of
(A) Effective with the mailing of the
Certificate of Completion and Apportionment the City of
650.0. PUBLIC PARKS.
650.1. Hours of Operation of
(1.) The usual hours of
operation of the
(2) No person shall be in, occupy, or otherwise
utilize the
(3) Permits for use of the
(4) Any person denied a permit for use of the
(5) Any person who violates Section (2) above
shall, upon conviction, be subjected to a fine of not more than $ 50.00. Each
day such violation is committed or permitted to continue shall constitute a
separate offense and is punishable as such hereunder.
Compiler’s notes: Originally
adopted on
660.0. GARBAGE COLLECTION.
(1) Definitions. For the purpose of this
ordinance, the following definitions shall apply unless the context clearly
requires a different meaning:
A. “Garbage.” Refuse and waste matters of all
kinds, including wet garbage, ashes, discarded cans, and other materials,
excluding medical waste.
B. “Medical waste.” Medical waste includes,
but is not limited to, bodily fluids or items contaminated with bodily fluids,
needles or other objects
defined by federal regulations as a biological hazard.
C. “Subscriber.” Every household and business
within the city limits lawfully receiving city garbage services.
(2) Prohibition against placing garbage for
disposal except upon designated collection days. No person shall dump, dispose
of, leave, or place or cause to be dumped or disposed of, left, or placed upon
the property of the city within any Street right-of-way any trash, junk,
debris, rubbish, or any other waste material of any kind except on designated
days for garbage collection.
(3) Collection procedure.
(A) Residential garbage pickup within the city
limits will be carried out once weekly by the contractor selected by the city
and shall apply only to garbage placed in front of the subscriber’ s residence.
(B) Business garbage pickup within the city
limits will be carried out twice weekly by the contractor selected by the city
and shall apply only to garbage placed in front of the establishment, except as
otherwise authorized by the City Administrator.
(C) All garbage shall be deposited for
collection between the sidewalk and curb line of the subscriber’s property and
not in the city streets.
(D) Residential and business garbage customers shall
remove garbage receptacles from the city’s right-of-way in front of their
residence or establishment within twenty-four (24) hours of collection.
(E) Medical waste of each and every type shall
be excluded from city collection.
(4) Items excluded from collection. The
following items shall be excluded from the city’s garbage collection service:
(A) Liquid waste, sewage, human waste, rocks,
dirt, tires, oil, batteries or paint in liquid form.
(B) Refuse left over from building construction
or demolition
(C) Large appliances or items of furniture,
including, but not limited to, hot water heaters, refrigerators, stoves,
washing machines, dryers and sofas.
(D) Any material that is beyond the physical
safety limitations of the city’s garbage contractor.
(5) Collection service limited to garbage
generated by subscriber. Garbage collection services provided by the city shall
be limited to that garbage generated by a subscriber household or business at
the subscriber’s household or business establishment. It shall be unlawful for
any person to deposit garbage not generated by a subscriber household or
subscriber business for city collection. The penalty for violating this Section
shall be as set forth in Section (8) below.
(6) Permission required to deposit garbage in
private receptacle. No person shall deposit garbage into private garbage
receptacles without the owner’s permission. The penalty for violating this
Section shall be as set forth in Section (8) below.
(7) Permission required to deposit garbage in
receptacles owned by city unless designated for public use. No person shall
deposit garbage into public garbage receptacles, except those public
receptacles designated as public receptacles for garbage collection. The
penalty for violating this Section shall be as set forth in Section (8) below.
(8) Penalties. Any person who violates Section
(5), (6), or (7) above shall, upon conviction, be subjected to a fine of not
more than $ 50.00. Each day such violation is committed or permitted to
continue shall constitute a separate offense and is punishable as such
hereunder.
Compiler’s notes: Originally
adopted on
1022.11. KEEPING NOISY ANIMALS
PROHIBITED, PENALTY.
(1) It shall be unlawful for any person to
keep, pasture or harbor within the city any bull, cow or other animal that
bellows or otherwise makes such noise as to disturb the peace and quiet of the
people in the neighborhood where the same is kept.
(2) Any person violating this section shall be
fined not less than five dollars nor more than fifteen dollars for each
offense.
Compiler’s notes: Previously designated
as Section Twelve of 1020.3 of the Midway Composite Ordinances of 1979.
1023.0. OFFENSES RELATING TO
DOGS.
1023.1. CONFINEMENT REQUIRED
OF BITING DOGS, PENALTY.
(1) It shall be unlawful for any person to keep
or harbor within the city a dog that shall bite or fiercely attack any person
while outside of its owners yard or enclosure.
(2) Any person who shall violate this section,
shall be fined not less than one dollar ($ 1.00) nor more than fifty dollars ($
50.00) for each time that said dog shall bite or attack a person as provided in
this section.
(3) This section shall not apply where a person
shall break into or enter, without permission, the premises or enclosure of
such dog and be pursued therefrom and attached or bitten by the dog.
Compiler’s notes: Previously
designated as Section Thirteen of 1020.3 of the Midway Composite Ordinances of
1979.
1023.2. VICIOUS DOGS TO BE
CONTAINED, PENALTY.
(1) It shall be unlawful for any person to keep
or harbor within the city a dangerous or vicious dog unless it is at all times
kept securely chained or enclosed in such manner that it cannot escape from the
owners premises.
(2) Any person violating this section shall be
fined not less than one dollar ($ 1.00) nor more than twenty-five dollars ($
25.00) for each offense.
Compiler’s notes: Previously
designated as Section Fourteen of 1020.3 of the Midway Composite Ordinances of
1979.
1023.3 BARKING DOGS
PROHIBITED, PENALTY.
(1) It shall be unlawful for any person to keep
or harbor within the city any dog that barks or yelps or otherwise makes such
noise as to disturb the peace and quite of the people in the neighborhood where
the same is kept.
(2) Any person violating this section shall be
fined not less than five dollars ($ 5.00) nor more than twenty-five dollars ($
25.00) for each offense.
Compiler’s notes: Previously
designated as Section Fifteen of 1020.3 of the Midway Composite Ordinances of
1979.
1023.4. ENTICING DOG FROM OWNER
PROHIBITED, PENALTY.
(1) It shall be unlawful to entice a dog from a
yard or enclosure of its owner or keeper, or to bring any dog into the city for
the purpose of impounding the same or to remove a muzzle of license tag from
any dog without the consent of the owner or keeper thereof.
(2) Any person who shall violate this section
shall be fined not less than one dollar ($ 1.00) nor more than ten dollars ($
10.00) for each offense.
Compiler’s notes: Previously
designated as Section Sixteen of 1020.3 of the Midway Composite Ordinances of
1979.
1023.5. UNLEASHED DOGS IN PARK
AND CEMETERY PROHIBITED, PENALTY.
(1) It shall be unlawful for any owner or
person in charge of any dog to accompany or take such animal, male or female,
except when such dog is upon a leash or chain, into any of the public parks of
the city.
(2) Any owner or person in charge of such dog
who shall violate this section, shall upon conviction thereof, be punished by a
fine of not less than one dollar ($ 1.00) nor more than ten dollars ($ 10.00)
Compiler’s notes: Previously
designated as Section Seventeen of 1020.3 of the Midway Composite Ordinances of
1979.
1023.6. FEMALE DOGS IN HEAT
NOT TO RUN AT LARGE, PENALTY.
(1) It shall be unlawful for the owner of any
female dog to permit her, when proud or rutting, to run at large in the city.
(2) Any person who shall violate this section
shall be punished by a fine of not less than five dollars ($ 5.00) nor more
than one hundred dollars ($ 100.00) or be imprisoned for not less than five nor
more than sixty days, or both so fined and imprisoned.
Compiler’s notes: Previously
designated as Section Eighteen of 1020.3 of the Midway Composite Ordinances of
1979.
1023.7. DOGS RUNNING AT LARGE
PROHIBITED, PENALTY.
(1) No owner, custodian, possessor or harborer
shall permit any dog to run at large other than on his own premises at any time
unless accompanied by the owner, custodian, possessor or harborer and under his
immediate control.
(2) Whoever, being the owner, custodian,
possessor or harborer of any dog, violates this section shall be fined not less
than ten dollars ($ 10.00) nor more than twenty-five dollars ($ 25.00) for each
offense.
Compiler’s notes: Previously
designated as Section Nineteen of 1020.3 of the Midway Composite Ordinances of
1979.
1023.8. IMPOUNDMENT OF DOGS.
(1) The owner, custodian, possessor or harborer
of every dog, shall, at all times, keep such dog either (A) restricted to his
own premises, or (B) under the immediate control of such person. The term
“under the immediate control”, is defined as the power to manage and direct
said dog and is not limited to physical control of the dog. “Immediate Control”
shall mean no more than fifty feet from the point of physical control.
(2) Any dog found running at large within the
city, unless accompanied by the owner, custodian, possessor or harborer and
under his immediate control and not confined on the premises of the owner,
custodian, possessor or harborer, shall be taken up by a dog warden and held in
the pound designated as the county dog pound and there confined in a humane
manner for a period of not less than seven days (7) unless sooner claimed by
their owners, custodians or persons entitled to possession thereof, and may
thereafter be disposed of in a humane manner if not otherwise claimed, sold or
adopted.
(3) The animal control supervisor may transfer
title to all animals held after the legal detention period in subsection (2)
hereof has expired and the animal has not been claimed by its owner, custodian
or other person entitled to the possession thereof; provided the person to whom
title is being transferred licenses said dog according to the laws of the state
and pays for a rabies inoculation for said dog together with the boarding
charges levied by the dog pound, and in addition thereto the pickup fee payable
to the dog pound provided in subsection (4) hereof.
(4) Any owner, custodian or other person
entitled to the possession of a dog, impounded under subsection (2) hereof may
be claimed by such owner, custodian or person entitled to possession
thereof upon; proof that said
dog has been inoculated against rabies; payment of boarding charges levied by
the county dog pound, and payment to the urban county of any fine due, and in
addition thereto a pick-up fee of five dollars ($ 5.00).
Compiler’s notes: Previously designated
as Sections Twenty and Twenty-One of 1020.3 of the Midway Composite Ordinances
of 1979.
1023.9 CONTAINMENT OF DOGS AND
DAMAGES CAUSED BY DOGS.
(1) That any dog within the City, licensed or
unlicensed, shall be kept behind a fence or on a leash at all times.
(2) Any and all damages to persons or private
property shall be the responsibility of the owner of the dog.
(3) Any dog picked up by the dog warden shall
be impounded and any person reclaiming a dog that has been seized under the
provisions of this section shall pay to the Dog Warden Five Dollars for the
cost of handling and feeding the dog.
(4) Any dog so impounded must be claimed within
eight days.
(5) The owner of any unlicensed dog shall buy a
license tag for the dog before reclaiming it.
(6) In the event that any such dog cannot be
apprehended in a reasonably easy way and any such owner neglects to cooperate
with the apprehending officer, said officer may use whatever means necessary to
see that said dog is not permitted to roam at large. Any owner refusing to
abide by this ordinance shall be fined not less than Ten Dollars nor more than
Fifty Dollars.
Compiler’s notes: Previously
designated as 1020.2 Section Two (10) of the Midway Composite Ordinances of 1979.
It was moved to this sect ion by the compiler to consolidate the ordinances
concerning dogs.