Chapter XIII · Streets and Sidewalks

ARTICLE 2. STREETS

Sections 13-201 to 13-218 · 18 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. 583, 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. 583, 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.

(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.

(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 2011)

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 2011)

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 2011)

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, 13-212; Code 2011)

13-216 Culverts.

The city may provide initial driveway culverts, at the discretion of the governing body, but it is the property owners responsibility to maintain the culvert. In the event the property owner fails to clean, repair and/ or replace culvert, the city will do so and bill the owner for the actual cost.

(Code 2017)

13-217 Parking or placement of vehicles, boats, trailers, campers, or recreational vehicle (RV) for more than five- 24 hour consecutive days; penalty; abatement of nuisance

It shall be unlawful for any person:

(a)Who parks or permits the parking or placement of a vehicle, boat, trailer, camper, or recreational vehicle on any city street for a continuous period of more than five-24 hour days shall, upon conviction, be punished by a fine not more than $100 plus court costs. For a subsequent conviction within (1) year thereafter they shall be punished by a fine of not more than $200 plus court costs. Upon a 3rd or subsequent conviction within a (1) year period after the (1st) conviction, said person shall be punished by a fine of not more than $500 plus court costs.

(1)Any vehicle, boat, trailer, camper, or recreational vehicle (RV) hereinabove specified found to have been so parked, stored, or placed for a continuous period of more than five 24-hour days may be abated in the manner provided by law.

(2)Exceptions to this ordinance for special instances in which a longer period of five 24-hour consecutive days are needed due to such things as family in town for vacation may be pre-approved by the Chief of Police.

(Ord. 1681)

13-218 Storing or placement of unsightly contents on or inside a vehicle or trailer located on a city street.

It shall be unlawful for any person to:

(a)Load, place, or store any item(s) such as trash, debris, scrap metal, construction waste, yard waste, inoperable vehicles or equipment, car parts, etc., that would be considered unsightly and therefore a nuisance, in or on a vehicle or trailer that is parked on a city street.

(1)Person(s) in violation, upon conviction, will be punished by a fine of $100 plus court costs.

(2)Any vehicle or trailer found to have been so parked on a city street with any of the hereinabove contents stated shall be deemed a public nuisance, and, in addition to the penalty herein provided, such nuisance may be abated in the manner provided by law.

(Ord. 1681)