CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. 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 city clerk.

(Code 1959,16-202; Code 1984)

No permit authorized in this article shall be issued until the applicant has given to the city proof of insurance for bodily injury and property damage in the amount of $100,000.

(Code 2015)

If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $50. Each permit issued under the provisions of this section shall cover only one specified excavation.

(Code 1984; Code 2015)

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 1959, 16-203; 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 1959, 16-204; Code 1984)

No person shall cut any curb, gutter, pavement, blacktop, and 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)   Any person who shall make, construct or cause to be made or constructed, any driveway or other opening through the curbing on any of the paved streets of the city shall make and finish such opening in a workmanlike manner, putting in returns to conform to the returns put in by the city at the alleys. Where such opening will permit the water from the gutter to overflow the abutting property or the sidewalks, such party shall construct such drive or opening in such manner as to prevent any overflow through such opening.

(Code 1984)

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)

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 1959, 16-205)

(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 1984)

It shall be unlawful for any person or persons to throw, place, drop, leave or otherwise deposit or cause to be thrown, placed, dropped, left or otherwise deposited any trash, mud, dirt, rubbish, or other material, in the gutter on any of the streets of the city and leave the same in such gutter for a period of more than 12 hours. It shall be unlawful to place boxes, barrels, samples, signs, vehicles, or any other obstruction upon any sidewalk, street, avenue, or alley. It shall be unlawful for any person to stand or be upon any crossing or sidewalk or street so as unnecessarily to prevent, interrupt or obstruct the travel on or free passage over the same. It shall be unlawful for any person· to construct or maintain or permit the construction or maintenance of any gate opening over or across any sidewalk or so as to open or swing into the street.

(Code 1984)

It shall be unlawful for any person to build, construct, or maintain or to permit the building, construction or maintenance of any barbed wire fence or fence with barbed wire upon it, upon or along any street, avenue or alley.

(Code 1984)

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 1959, 16-211)

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 1959, 16-210)

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 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 1984)