CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 2. STREETS

(a)   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 of public easement through private property without first having secured a permit for such excavation.  Application shall be made to the city clerk.

(b)   The application required by (a) above shall be accompanied by a filing fee for excavation on paved surface of $50 or $25 for unpaved surface, (i) per block on work done in continuity, or (ii) per connection for excavations not in continuity.

(c)   A permit surcharge fee will be assessed when excavation is made without ground which has permanent surfacing less than five years old.  The permit surcharge fee is five percent of the total permit fee for each month remaining of the five year period.

(d)   The total permit fee is to be paid is composed of the permit fee under (b) above, the surcharge fee under (c) above, if any, and the city’s cost to repair, unless the applicant undertakes in writing to perform such repairs, subject to the city’s approval of such repairs as complete.  No excavation permit shall issue unless other solutions are impractical, as determined by the city inspector.

(Ord. 4-1995, Sec. 1)

(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.

(Code 1994)

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

(Code 1994)

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.

(Code 1994)

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 1994)

(Replaced with Chapter 13, Article 5)

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 1994)

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 1994)

(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 1994)

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 1994)

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 1994)

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 1994)

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 1994)

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 1994)