§ 31-15-702 — Streets and alleys

(1) The governing body of each municipality
has the power:

(a) (I) To lay out, establish, open, alter, widen, extend, grade, pave, or
otherwise improve streets, parks, and public grounds and vacate the same and to
direct and regulate the planting of ornamental and shade trees in such streets,
parks, and public grounds; to plant trees upon the same; to regulate the use of the
same; to prevent and remove encroachments or obstructions upon the same; to
provide for the lighting of the same; and to provide for the cleansing of the same;

(II) To regulate the openings therein for the laying-out of gas or water mains
and pipes, the building and repairing of sewers, tunnels, and drains, and the
erecting of utility poles. Any company organized under the general laws of this
state or any association of persons organized for the purpose of manufacturing
energy to supply municipalities or the inhabitants thereof with the same has the
right by consent of the governing body, but not without such consent, subject to
existing rights, to erect factories and lay down pipes in the streets or alleys of any
municipality in the state, subject to such regulations as any such municipality by
ordinance may impose.

(III) To regulate the use of sidewalks along the streets and alleys and all
structures thereunder and to require the owner or occupant of any premises to
keep the sidewalks, or along the same, free from snow and other obstructions;

(IV) To regulate and prevent the throwing or depositing of ashes, garbage, or
any offensive matter in and to prevent any injury to any street, park, or public
ground;

(V) To provide for and regulate crosswalks, curbs, and gutters;

(VI) To regulate and prevent the use of streets, parks, and public grounds for
signs, signposts, awnings, awning posts, and power and communications poles, and
for posting handbills and advertisements; to regulate and prohibit the exhibition or
carrying of banners, placards, advertisements, or handbills in the streets or public
grounds or upon the sidewalks; and to regulate and prevent the flying of flags,
banners, or signs across the streets or from houses;

(VII) To regulate traffic and sales upon the streets, sidewalks, and public
places and to regulate the speed of vehicles, cars, and locomotives within the limits
of the municipality;

(VIII) To regulate the numbering of houses and lots and to name and change
the name of any street or other public place;

(b) (I) To provide for the construction and maintenance of sidewalks, curbs,
and gutters of such material and in such manner as shall be designated and to
provide for paying the expenses thereof by special assessments upon the adjacent
or abutting property, which assessments shall constitute a lien as provided in
section 31-15-401 (1)(d)(I);

(II) To grade, grade or gravel, or otherwise surface or improve streets and
alleys and to assess the costs of such improvements upon the lots or lands
adjacent to or abutting upon any street or alley or portion thereof so improved,
which assessments shall constitute a lien as provided in section 31-15-401 (1)(d);

(c) To grant, by ordinance and upon such terms and conditions as may be
prescribed therein, to other municipalities the right-of-way through, over, across,
and under streets and alleys for the purpose of laying, constructing, operating,
maintaining, and repairing waterworks and all pipelines connected therewith;

(d) To authorize the construction of mills and mill races, irrigating or mining
ditches, and feeders on, through, or across the streets of the municipality at such
places and under such restrictions as deemed proper.

Legislative History

Source: L. 75: Entire title R&RE, p. 1113, � 1, effective July 1.