TOWN OF NEWELL

ORDINANCES - Sidewalks - Chapter 13

 Section 1. General Rule:

 It is hereby made the duty of the owner of all property fronting or abutting any of the Streets or Avenues of the City of Newell to maintain and keep in good repair in front of or abutting said property a good and substantial sidewalk as provided in this Chapter

 Section 2. When to Construct:

 All sidewalks already constructed at the time of passage of this Ordinance, which walks meet the provisions of this Chapter as to specifications, shall be maintained in good repair, and old sidewalks shall be replaced or repaired and new sidewalks constructed under Regulations and by order of the City Council as they deem advisable.

 Section 3. Material:

All sidewalks hereafter constructed in the City of Newell shall be built of concrete, cement or other equally permanent material and the work shall be done according to a Standard of Specifications laid down by the City Council.

 Section 4. Width:

Along Third Street from Harvard Avenue to Fisk Avenue and along Gerard Avenue from Second Street to Fourth Street the width of the sidewalk shall be twelve (12) feet. All other walks with that territory bounded on the north by Sixth Street, on the east by Indiana Avenue, on the south by the First Street and on the west by Cornell Avenue, excluding the Streets and Avenues named, shall be five (5) feet in width. All other walks within the City not included in above described territories shall be four (4) feet in width.

 Section 5. Failure to Construct or Repair:

 Any person or persons failing to comply with the provisions of this Chapter for two (2) weeks in case of construction and for three (3) days in case of repairing, after having been served with a written or printed notice under Order of the City Council, shall be guilty of maintaining a nuisance, and upon conviction thereof shall be subject to a Fine of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for each offense, together with the Costs, and shall stand committed until such Fine and Costs are paid.

Provided further, that nothing herein contained shall prevent the City from assessing the Cost of construction or repair of said sidewalks against the property or the owner thereof, and collecting the same as provided by the Laws of the State of South Dakota, and the assessment of said expense against said property shall not be a bar to the prosecution of any person offending against the provision of this Ordinance. Each and every day’s maintenance of such nuisance as provided in this Section shall be deemed a new and separate Offense.

 Section 6. Grades:

 All sidewalks shall be constructed on grades as provided in the Special Chapter covering this subject.

 Section 7. Location:

 The outer edge of all walks twelve (12) feet in width shall form a straight line parallel to and exactly twelve (12) feet from the line of abutting property. The outer edge of all walks five (5) feet in width shall form a straight line parallel to and exactly five (5) feet and six (6) inches from the line of the abutting property. The outer edge of all walks four (4) feet in width shall form a straight line parallel to and exactly five (5) feet and six (6) inches from the line of the abutting property.

 Section 8. Penalty:

 Any person or persons violating any of the provisions of this Chapter shall upon conviction thereof be subject to a Fine of not less that five ($5.00) dollars and not over fifty ($50.00) dollars and Costs, and shall stand committed until such Fine and Costs are paid.