Chapter XIII · Streets and Sidewalks

ARTICLE 2. STREETS

Sections 13-201 to 13-219 · 19 sections

13-201 Excavation permit.

No person, other than authorized city employees, shall dig or excavate any hole, ditch, trench or tunnel in or under any street, alley, sidewalk, park or other public property or public easement through private property without first having secured a permit for such excavation. Application shall be made to the city clerk.

(Ord. 53, Sec. 1; Code 1998)

13-202 Same; bond.

(a)No permit authorized in this article shall be issued until the applicant has given to the city a good and sufficient bond in the sum of $5,000 conditioned that the applicant will faithfully comply with all the terms and conditions of this article, and will indemnify and hold the city harmless against all costs, expenses, damages and injuries by persons or by the city sustained by reason of the carelessness or negligence of the permit holder. No bond for this purpose shall run for longer than two years without being renewed. The bond shall remain in full force and effect as to each excavation for two years after the same has been made or completed.

(b)Any utility operating under a franchise or a contractor under contract with the city for municipal improvement shall not be required to give bond as provided in subsection (a).

(c)Each bond given under this section shall be approved by the city attorney and filed with the city clerk.

(Ord. 53, Sec. 2; Code 1998)

13-203 Same; filed.

If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $5. Each permit issued under the provisions of this section shall cover only one specified excavation.

(Code 1998)

13-204 Same; barricades.

Any person to whom an excavation permit is issued shall enclose all excavations which they make with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation permit shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completion of the same.

(Ord. 53, Sec. 4; Code 1998)

13-205 Same; unlawful acts.

It shall be unlawful for any person, except those having authority from the city or any officer thereof to throw down, interfere with or remove any barriers, barricades, or lights placed in any street to guard and warn the traveling public of any construction work thereon or adjacent thereto.

(Code 1998)

13-206 Cutting curbs; pavement.

(a)No person shall cut any curb, gutter, pavement, blacktop, sidewalk or excavate any street, alley or other public grounds of the city for any purpose without first obtaining a permit authorizing the same from the city clerk.

(b)Once the work for which the excavation was made has been completed the city shall restore the pavement, blacktop, sidewalk or other surfacing at the expense of the person from whom the excavation was made.

(c)In lieu of the city replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like materials, subject to approval of the street superintendent.

(Ord. 53, Sec. 5; Code 1998)

13-207 Altering drainage.

No person shall change or alter any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or controlled by the city unless such change or alteration has been authorized or directed by the governing body.

(Code 1998)

13-208 Unfinished pavement.

No person shall walk upon, drive or ride over or across any pavement, sidewalk or incomplete grading which has not been opened for traffic.

(Code 1998)

13-209 Using streets.

(a)No person shall occupy any portion of any street, alley or sidewalk for the purpose of temporarily storing building materials without first obtaining a permit for such temporary use from the governing body.

(b)No person may use any portion of any sidewalk or street right-of-way for the purpose of displaying or offering for sale wares, goods, merchandise or other items. Nothing in this article, however, shall be construed as prohibiting the city governing body from temporarily waiving the prohibition of this subsection in connection with community promotions or community-wide celebrations when such waiver is considered to be in the best interest of the city.

(Code 1998)

13-210 Dangerous objects in.

It shall be unlawful for any person to place, throw or cause to be placed or thrown in or on any street, alley, sidewalk or, other public grounds of the city, any glass, tacks, nails, bottles, wire or other dangerous objects that might wound any person or animal, or cut or puncture any pneumatic tire while passing over the same.

(Code 1998)

13-211 Petroleum products in streets.

It shall be unlawful for any person, firm or corporation to deposit or throw any waste oil, fuel oil, kerosene, gasoline or other products of petroleum or any acids into or upon any street or public grounds of the city, or willfully to permit the same to be spilled, dripped or otherwise to come into contact with the surface of any street, alley, or sidewalk within the city.

(Code 1998)

13-212 Discharging water on streets.

It shall be unlawful for any person, firm or corporation to throw or discharge water into any ditch, street, avenue or alley in the city or to cause any water to stand or form pools or to flow in a stream thereon. This section shall not apply to persons cleaning or flushing such streets, avenues or alleys under the authority of the governing body, nor to members of the fire department.

(Code 1998)

13-213 Burning in streets.

It shall be unlawful for any person to make or cause to be made, any fire upon any of the paved streets, alleys, or street intersections within the city.

(Code 1998)

13-214 Throwing in streets.

It shall be unlawful to throw or bat any ball, stone, or other hard substance into, on or across any street or alley or at or against any building or vehicle.

(Code 1998)

13-215 Hauling loose material.

It shall be unlawful to haul over the streets or alleys of this city any loose material of any kind except in a vehicle so constructed or maintained as to prevent the splashing or spilling of any of the substances therein contained upon the streets or alleys.

(Code 1998)

13-216 Discharge of yard waste on city right-of-way.

(a)It shall be unlawful for any person, firm or corporation to cast, discharge, throw, drop, place or otherwise cause or permit to be located upon, in, or about any public street, sidewalk, alley, public thoroughfare, public right-of-way or any private or public property adjacent thereto, any grass clippings, leaves, yard waste or other debris.

(b)It shall be unlawful for any person hauling, in any type of vehicle or trailer, dirt, grass clippings, leaves, yard waste, junk, garbage, litter, trash or other debris to allow or permit such or any portion thereof to fall, drop or otherwise be released from said vehicle or trailer with the same being left or deposited on any public street, sidewalk, alley, public thoroughfare, public right-of-way or any private or public property adjacent thereto.

(c)It shall be presumed that the owner of any real property adjacent to a location where any debris or other items prohibited by this section are discharged, is the cause of said violation, and the owner may be charged with the violation.

(Ord. 341)

13-217 Right-of-way maintenance by adjoining landowner.

It shall be the duty of any property owner with land adjoining City roads, streets, highways or other right-of-way, of whatever nature, to fully maintain the area within said right-of-way up to the edge of any street improvement, road or highway. The area to be maintained shall correspond to the area outlined in Section 13-101 stating the owner's duty to repair certain sidewalks, drives, drainage structures or curbs. The owner shall also maintain to the center line between properties adjoining right-of-way if the right-of-way is unimproved. This would include, but not be limited to, cutting grass and weeds, removing undergrowth, bushes or shrubs that are overgrown or otherwise interfere with use, trimming any similar growing things to ensure a neat appearance, and to do so in a manner that does not allow for degradation of the right-of-way area. All ditches or similar drainage structures are to be maintained to ensure that soil of these areas are not exposed to erosion due to rain or other weather events, which can cause silt deposits and other hazards. Landowners may not use chemical applications or other maintenance practices that remove growth so as to result in erosion of the right-of-way area.

(Ord. 354; Ord. 364)

13-218 Right-of-way damage by adjoining landowner or third party.

No person shall, either by direct action or by failure to comply with the provisions of this Code, cause damage to any City roads, streets, highways, or other right-of-way, of whatever nature. This would include, but not be limited to, digging, excavation, under-road boring, or any other earthwork that can undermine direct or lateral support for roads or roadbeds, sidewalks, or other right-of-way structures. Similarly, it shall be a violation so as to allow erosion of soils or loss of lateral support due to weather or other conditions. Any damage resulting from use of right-of-way by a utility company or quasi-municipal utility shall not be assessed against the landowner. However, the landowner is required to repair damage or maintain right-of-way damaged by vehicles using the street for travel, even if the same is the result of an accident or other cause. In addition, the adjoining landowner shall be responsible for damage or repairs to City right-of-way caused by a third-party unless the landowner can provide sufficient evidence of the wrongful actions of the third party so as to allow the identification of the person causing the same so that the City may proceed against them under Section 13-219.

(Ord. 354)

13-219 Notice and assessment of damage to right-of-way.

(a)Upon determination of a violation of Sections 13-217 or 13-218 by any city officer or the Mayor, the city officer shall provide a mailed notice to the adjoining landowner of the nature of the damage and the details of the violation, along with a notice to appear at a City Council meeting within the next thirty (30) days to address the violation.

(b)The landowner may, after receipt of the notice, repair the noted damage and contact the city officer for review of the current condition of the property. If this is performed within thirty (30) days to the satisfaction of the city officer, the violation will be deemed to be abated.

(c)The landowner may appear at the noted City Council meeting and dispute the violation. The City Council may make a determination as to the violation or continue consideration of the same until such time as the Council has had a full opportunity to review the condition of the property and any other facts provided by the landowner. At the time of the final determination, the City Council will issue a Resolution outlining the ruling and the repairs required of the landowner.

(d)Should the repairs outlined in the Resolution not be performed within sixty (60) days, the City Council may direct city officers or contractors to enter the property and repair the damage, with the costs of the same to be assessed against the adjoining property owner as allowed by law, or to be sought as a penalty for violation of this article, as brought before the municipal court, with the assessment of costs and additional fines and penalties as provided under Code Section 1-116.

(Ord. 354)