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 1984)

(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 1984)

If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $5.00.

Each permit issued under the provisions of this section shall cover only one specified excavation.

(Code 1984)

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 1984)

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 1984, 13-207; Code 2012)

(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 1984, 13-205; Code 2012)

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 1984, 13-206; Code 2012)

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 1984)

(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 1984)

(a)   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 object.

(b)   It shall be unlawful for any person to place or allow any object in or on the street right-of-way, except for legally parked vehicles, unless prior City approval is obtained. Prohibited objects include, but are not limited to, fences, walls, large rocks or other obstructions, posts (except for mailbox support posts), basketball goals, skate board ramps, toys, objects that promote playing in the streets, containers (except approved solid waste receptacles in compliance with Ordinance No. 2006-06), and any other object blocking or interfering with the lawful use of such street.

(Ord. 2010-5; Code 2012)

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 1984)

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 1984)

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 1984)

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 1984)

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 1984)

(a)   It shall be unlawful for any person or owner of real property to either allow or directly cause the discharge of any vegetation, grass, weeds, waste, trash or other debris upon any city street or sidewalk, as the allowance of such a nuisance is a safety hazard to pedestrians and drivers alike. This shall specifically include the discharge of grass clippings or other mower discharge upon streets. The owner of any property is responsible for any activity upon his or her property which causes said discharge.

(b)   The City, through any authorized employee, shall provide notice to landowners of the existence of such a violation. Said notice shall be in writing and may either be sent by first class mail, or posted upon an appropriate location at any residence or building on real property adjoining the violation. Mailing or posting said notice shall be deemed constructive receipt of the notice by the landowner and any other occupant of the property.

(c)   Any person found to have violated section (a) above, after receiving notice in compliance with section (b) and having five (5) days opportunity to cure the violation, shall be subject to prosecution before the municipal court and penalized in accordance with Section 1-116 of the City Code.

(Ord. 2019-12; Code 2020)