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.
(Code 1990)
(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 1990)
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 1990)
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 1990)
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 ward the traveling public of any
construction work thereon or adjacent thereto.
(Code 1990)
(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 1990)
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 1990)
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 1990)
(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 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 1990)
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 1990)
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 1990)
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 1990)
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 1990)
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 1990)
It shall be unlawful
to haul over the streets or alleys of this city any loose material of any kind
except in a vehicle having a tight box so constructed as to prevent the
splashing or spilling of any of the substances therein contained upon the
streets or alleys.
(Code 1990)
It
shall be unlawful for any person, firm or corporation to place or construct any
gasoline service pump or device, or any air compression device in the parking
of any street, or adjacent thereto, so that it would be necessary to use any
portion of the street while any vehicle is serviced.
(Code 1990)