Question: Who is responsible to clear/clean up the hillside along the west side of Central Avenue between West 32nd Street and the Northwest Arterial? It appears there are numerous trees that could cause a major traffic problem if they were to fall or slide onto the roadway.
Answer: Most of the land along the west side of Central Avenue between 32nd Street and the Northwest Arterial is privately owned, though some is owned by the City of Dubuque, according to city spokesperson Randy Gehl. Some of the land falls within city limits, while other parts fall under Dubuque County jurisdiction.
City of Dubuque staff will address any trees located in the public right of way “if there is an immediate safety or liability concern,” Gehl wrote in an email.
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Beyond the public right of way, property owners are responsible for managing the trees on their land. Property owners are liable for damage “caused by trees falling from their private property that fall onto the roadway, public right of way or neighboring private property,” Gehl wrote.
“Responsibility will depend on the location of the tree and its condition,” he wrote.
Question: I recently saw a large sign in a window along a busy Dubuque street containing an expletive and the phrase “just get naked.” Can the City of Dubuque do anything about signs such as that one? Or is it considered protected free speech?
Answer: Based on the First Amendment, the city is not able to regulate the content of signs, according to city Assistant Planner Jason Duba.
“We’re able to regulate the time, manner and place but not the content of the sign,” he said.
That means the city can regulate things like how long a temporary sign can be erected, the size and number of signs allowed on a property based on its location and where a sign can be placed.
Duba said one case in which the city would regulate content is requiring signs at businesses to advertise what is at that location, but even then, the city wouldn’t get into specifics about what the sign would say about the business.
“I think our guiding principle is that we want businesses to be able to adequately notify the public of their location and services they provide, to maintain safe roadways and safe conditions but not let signs clutter the visual landscape,” Duba said.
City code related to signage generally addresses “all signs and sign structures not located within a building.”
Duba noted that signs in windows generally are exempt from the relevant city code, so the sign in question wouldn’t fall under city regulations anyway.
I DONT CARE ABOUT WHOS WHOS , I JUST THINK ITS A MAJOR SAFETY CONCERN BEFORE THESE TREES COME SLIDING DOWN ONTO THE HIGHWAY. ALSO WHEN THE LEAVES FALL YOU THINK THE PEOPLE IN THE SHINEY NEW TREE TRUCKS WOULD BE OUT LOOKING FOR WORK.
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I DONT CARE ABOUT WHOS WHOS , I JUST THINK ITS A MAJOR SAFETY CONCERN BEFORE THESE TREES COME SLIDING DOWN ONTO THE HIGHWAY. ALSO WHEN THE LEAVES FALL YOU THINK THE PEOPLE IN THE SHINEY NEW TREE TRUCKS WOULD BE OUT LOOKING FOR WORK.
(Edited by staff.)h
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