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

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 building official.

(Code 1973, 16-201; Code 1983)

If the application is approved by the city, the building official shall issue a permit upon payment of a fee of $25. Each permit issued under the provisions of this section shall cover only one specified excavation.

(Code 1973, 16-202; Code 1983; Code 2017)

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 1973, 16-204; Code 1983)

(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 building official.

(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 1973, 16-203; Code 1983)

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 1973, 16-205:206; Code 1983)

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 1983)

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 1983)

(a)   No person shall occupy any portion of any street, alley or sidewalk for the purpose of temporarily storing building materials without first making application and obtaining a permit, for such temporary use from the City Clerk.

(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 1973, 16-303; Code 1983; Code 2017)

(a)   Any owner or operator of any business located in any of the following zoned areas as set out in the zoning ordinance incorporated by section 19-201 of this code: C-l, C-2, C-S, I-1, I-2, and I-P is hereby granted the right to utilize any sidewalk adjacent to his, her or its building or business for the purpose of temporarily placing goods, wares and merchandise thereon for display purposes, provided such goods, wares and merchandise are located on said sidewalk adjacent to the business building and in such a manner as to not impede the flow of foot traffic on the sidewalk past the business place.

(b)   The building official of the city is hereby empowered to inspect such display of goods, wares and merchandise and to administratively determine if the location thereon is in conformity with the intent and purpose of the provisions of subsection (a).

(c)   Upon notice to the business involved by the building official that such business is not in conformity and upon its failure to comply with subsection (a) and upon conviction thereof, shall be fined in an amount of not less than $25 nor more than $500.

(Ord. 1197, Sec. 1:3)

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 1973,16-209; 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)

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 1973, 16-304; Code 1983)

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 1983)

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 1973, 16-308; Code 1983)

It shall be unlawful for any railroad company or any person operating a railroad in the city, to allow its trains, engines or cars to stand upon any crossing or street in excess of five minutes at any one time without leaving an opening in the traveled portion of the street or crossing of at least 30 feet wide.

(Code 1973,16-310; Code 1983)

It shall be unlawful for the conductor or engineer of any train, engine or moving cars not preceded by an engine to cross any street, alley or public place without causing a person to be stationed upon the end of the first car or at the crossing to warn of the approaching cars.

(Code 1983)

(a)   Any property owner wishing to utilize any part or portion of the street right-of-way adjacent to property owned by the property owner shall first submit to the director of public works of the city, an application on forms to be provided by the city, setting forth the type and nature of the project, the amount of right-of-way to be included in the project, the total expenditure therefor, and such other information as may be prescribed by the public works director.

(b)   No property owner shall commence any project of beautification on street right-of-way without first obtaining the permission of the public works director and complying with the provisions of this article.

(c)   The property owner desiring to utilize street right-of-way for beautification purposes shall sign a form to be prepared by the city recognizing the ownership of the right-of-way and agreeing to remove the beautification project in the event the same becomes necessary because of the city having to utilize said right-of-way for street purposes or utility purposes, and further agreeing that any damage that may be done to the project by the city in the utilization of the right-of-way will be the sole responsibility of the property owner.

(d)   Any property owner utilizing street right-of-way, belonging to the city for beautification purposes without first obtaining the written consent of the city, as provided herein shall upon conviction thereof be fined in an amount of not less than $25 and not more than $500 which shall be in addition to any damages that may be suffered by the city or any other legal action which may be available to the city to reclaim the possession of the street right-of-way from any adjacent property owner.

(Ord. 1373, Sec. 1:4)