Chapter VI · Public Property

Article 3. Streets

Sections 6-301 to 6-318 · 16 sections

6-301 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.

(Code 2019)

6-302 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.

(Code 2019)

6-304 Same; barricades.

Any person to whom an excavation permit is issued shall always enclose all excavations that they make with enough barricades and danger signs and shall maintain enough 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 2019)

6-305 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 2019)

6-306 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 2019)

6-307 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 2019)

6-308 Using streets.

(a)No person shall occupy any portion of any street, alley or sidewalk for 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 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 in the best interest of the city.

(Code 2019)

6-309 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 2019)

6-310 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 2019)

6-311 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 2019)

6-312 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 2019)

6-314 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 2019)

6-315 Sidewalks constructed: supervision by building inspector.

All sidewalks ordered constructed, reconstructed or repaired by the mayor and governing body shall be constructed under the supervision of the building inspector except as provided in section 6-208 of this article.

(Code 2019)

6-316 Streets and sidewalks; sweeping into or upon.

It shall be unlawful for any person whomsoever, unless pursuant to Chapter II, Article 3, of this code, to sweep, throw or deposit, in any manner, or cause the same to be done upon any sidewalk, or street, or in or upon any alley, avenue or public park, or ground, or into or upon any lot, or piece of ground, within the city, whether such lot shall belong to himself, herself or another, any shavings, paper, paper cuttings, envelopes, wrappers, wrapping paper, bills, dodgers, advertisements, or any scraps, or anything whatsoever, which can be, or is likely to be blown by the wind along the streets or walks, or from place to place. Any person violating any of the provisions of this section, shall upon conviction thereof, be punished by a fine of not more than $500.00 for each offense.

(Code 2019)

6-317 Placing earth, rubbish on streets, alleys, public grounds.

It shall be unlawful for any person to place any earth or cause the same to be done upon any street, alley, sidewalk, or public grounds in this city, without first obtaining the consent of the governing body so to do. Any person who shall violate any of the provisions of this section, shall upon conviction thereof, be punished by a fine of not more than $500.00.

(Code 2019)

6-318 Nuisances affecting public safety; notice to abate.

The following are hereby declared to be public nuisances affecting the safety of the inhabitants of this city:

(a)All hanging signs, ropes, networks, or advertising devises, posts, oil or gasoline pumps, radio aerials, placed in or projecting over or across any street, avenue, alley or sidewalk, unless the same be under the conditions imposed by ordinance.

(b)All water spouts or drains from buildings which discharge water on to, over or across sidewalks. When the owner or occupant of any property in this city shall neglect or refuse to abate any of the nuisances enumerated in this section, within the time specified in the notice given him or her by the city clerk, the city marshal-chief of police shall forthwith proceed to abate such nuisance and the cost thereof shall be collected as provided in section 6-208 of this code. Any person, who, after having been notified to remove and abate any nuisance, neglects, refuses or fails to do so, shall, upon conviction, be punished by a fine of not more than $500.00, and costs.

(Code 2019)