ORDINANCE 11-06-25
AN ORDINANCE TO PROHIBIT OBSTRUCTION OF STREETS,
SIDEWALKS, ALLEYS, TREE LAWNS, AND PUBLIC PLACES
WHEREAS, the Silver Lake Town Council, Kosciusko County, Indiana, finds it necessary to protect the safety, welfare, and convenience of the public by prohibiting the obstruction of streets, sidewalks, alleys, tree lawns, and other public places; AND
WHEREAS, residents and visitors alike have a right to use all public means of pedestrian and vehicular travel without interruption.
NOW, THEREFORE, BE IT ORDAINED, as follows:
SECTION 1: DEFINITIONS
a) “Public Way” shall mean streets, sidewalks, alleys, tree lawns, roads, parkways, or right-of-way dedicated for public use.
b) “Obstruction” shall mean any object, structure, material, vehicle, debris, or other impediment that hinders, restricts, or prevents the free and safe use of a public way by pedestrian or vehicular traffic.
SECTION 2: UNLAWFUL
a) It shall be unlawful for any person to place, deposit, or leave any obstruction upon any public way that impedes the unrestricted use of the same for its proper purpose.
b) No person shall park or leave any vehicle standing on any public way outside of public parking spaces.
c) It shall be unlawful to park a vehicle on any portion of the tree lawn unnecessarily. The tree lawn is the area between the sidewalk and the street.
d) No person shall place construction materials, a dumpster, or temporary objects in a public way without specific written permission from the Silver Lake Town Council. Permission shall be given at a public meeting by a majority vote.
e) It shall be unlawful for any person to obstruct, hinder, or block the passage of any person, vehicle, or emergency service using a public way.
f) It shall be unlawful to block any entrance or exit of the buildings owned and operated by the town, including but not limited to the Fire Department, Town Hall, Water Plant, and Sewer Stations/Houses.
g) It is unlawful to allow limbs, shrubbery, or any other vegetation to obstruct any pedestrian passage on a sidewalk or vehicular travel on streets and alleys.
h) It shall be unlawful to allow limbs, shrubbery, or any other vegetation to obstruct the visibility of street signs, stop signs, traffic signals, and fire hydrants.
i) It shall be unlawful to obstruct the clear visual view of vehicle traffic at any intersection by shrubbery, vegetation, or tree limbs.
SECTION 3: EXCEPTIONS
Notwithstanding the prohibitions in Section 2, a public way may be lawfully obstructed by:
a) Authorized temporary street closures, parades, or events approved by the town.
b) Emergency vehicles and personnel performing official duties.
c) Contractors hired by the town to perform work in/on a public way.
SECTION 4: MAINTENANCE RESPONSIBILITIES
a) It shall be the responsibility of the town to trim or remove shrubbery, flowers, and tree limbs from property owned by the Town of Silver Lake, including the tree lawn, that are causing obstruction or public safety concerns.
b) It shall be the responsibility of the town to perform repairs or replacements of the sidewalks of the town that would obstruct the safe travel of pedestrian traffic.
c) It is the responsibility of the owner or tenant to trim or remove shrubbery, flowers, and tree limbs from their private property that impact the unrestricted use of any public way.
d) It shall be the responsibility of any owner or tenant of private property with a tree lawn to perform mowing and/or weed removal of the tree lawn.
e) It is the responsibility of the owner or tenant of private property to ensure that the sidewalks adjacent to their property are kept free of vegetation, snow, and ice that could become slippery and impede the safe travel of pedestrians.
SECTION 5: ENFORCEMENT
The Silver Lake Town Marshal shall enforce this ordinance by first giving a warning to remove the obstruction within seven (7) days of notice, unless the obstruction is, in the judgment of the Town Marshal, so severe that it could cause harm to life or limb, or interfere with emergency personnel performing their duties.
In such a case where obstruction interferes with emergency personnel doing their duty, the violation shall result in the immediate towing or removal of the obstruction at the direction of the town marshal or town fire chief, with all costs for said removal being the responsibility of the owner.
If non-compliance occurs after the seven (7) day notice, a fine of one hundred dollars ($100.00) for parking obstructions, seventy-five ($75.00) for sidewalk obstructions other than vegetation, and seventy-five dollars ($75.00) for vegetation (shrubs, trees, flowers, grasses) shall be issued to the property owner. The owner shall be given an additional seven (7) days to comply. The Town Marshal, under the direction of the Silver Lake Town Council, may waive the fine if compliance is made within the period specified.
The property owner who fails to comply within the fourteen (14) day removal period shall be fined every seven (7) days thereafter until compliance is achieved. If the Marshal deems it necessary, he may cause the obstruction to be removed at the owner’s expense, and a lien shall be placed against the property for the removal cost and applicable filing fees.
If the town takes legal action to collect unpaid fines, the town shall also be entitled to collect all costs incurred in the action to collect, including court costs and attorney fees.
SECTION 6: SEVERABILITY
If any section, clause, or provision of this ordinance is deemed invalid by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of the ordinance.
This ordinance shall be in full force and effect upon passage and thirty (30) days after its publication by law.
Adopted this 10th day of December, 2025.
Medard Murfin, Council President
Nichole Taylor, Council Member
Gloria Weller, Council Member
ATTEST: Tonya Conley, Clerk-Treasurer