CHAPTER XV. STREETS AND SIDEWALKSCHAPTER XV. 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 or public easement through private property without first having secured a permit for such excavation.

(b)   No person shall cut, or in any way alter, any curb, gutter, pavement, blacktop, sidewalk, street, or alley for any purpose without first obtaining a permit as herein provided. Applications for permits shall be made to the city clerk.

(Ord. 1657, Code 1988)

(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 1983)

If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee which is set by resolution of the governing body. Each permit issued under the provisions of this section shall cover only one specified excavation or curb cut.

(Ord. 1657; Code 1988)

Any person to whom an excavation or curb cut permit is issued shall enclose all work areas with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation or curb cut 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. 1657; Code 1988)

It shall be unlawful for any persons, 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 1983)

(a)   Once the work for which the excavation or curb cut was made has been completed, the city shall elect either to permit the person to fill the excavation or repair the damaged area under the direct supervision of the city inspector, or the city shall fill the excavation or repair the damages at the expense of the person making the excavation.

(b)   If the city elects to fill the excavation, or repair the damages pursuant to subsection (a), the person making the excavation or causing the damages shall pay to the city clerk the cost of materials used to complete the project. The city clerk shall bill the property owner for the repairs after completion of the project and costs of materials have been established.

(Ord. 1657; Code 1988)

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 city inspector.

(Code 1983)

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

(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 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 1983)

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 1983)

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 1983)

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 1983)