[Ord. No. 2000.19 §1, 11-13-2000]
A. 
No person shall tear up, dig up, cut into the surface of or excavate any part of any public parkway, sidewalk, street or alley within the limits of the City, without first obtaining permission to do so from the City Clerk, who shall be authorized by the Board of Aldermen and the Mayor to issue written permission to tear up, dig up, cut the surface of or excavate any of the public parkways, sidewalks, streets or alleys upon the following terms and conditions:
1. 
Fees. The City Clerk shall receive the following fees for issuing the permit required by this Chapter:
a. 
For excavation on parkways, the sum of two dollars ($2.00).
b. 
For excavation in sidewalks or perpendicular to any street, alley or highway in which excavation is made:
(1) 
Sidewalks, the sum of two dollars ($2.00).
(2) 
Gravel surface, the sum of five dollars ($5.00).
(3) 
For blacktopped surface, the sum often dollars ($10.00).
(4) 
For concrete surface, the sum of twenty dollars ($20.00).
2. 
Consent of City Administrator. The City Clerk shall not issue the permit required by this Chapter without first obtaining the written consent of the City Administrator or his/her designated representative.
3. 
Excavation in concrete and asphalt streets. When being any mechanical device having steel pads or tracks for excavations on asphalt or concrete streets, such pads or tracks shall be covered with suitable material so as not to mar the asphalt or concrete surface of the street.
a. 
Excavations in concrete streets or sidewalks. All cuts in concrete shall be a minimum of four (4) feet wide and shall be made with approved cutting tools so as to have a straight edge on the adjoining pavement.
All excavations in concrete shall have not less than six (6) inches of undisturbed soil on either side of the trench between trench and edge of adjoining concrete.
b. 
Excavation in asphalt streets. All cuts in asphalt streets shall be made by proper cutting tools so as not to crack or disturb asphalt beyond width of trench.
4. 
Restoration of excavations.
a. 
Excavation in public parkways shall be filled with dry dirt from bottom to top and tamped in layers not to exceed six (6) inches in depth. The holder of the permit shall restore the parkway to the same condition as existed before the excavation.
b. 
Excavation in concrete streets or sidewalks shall be filled with one (1) inch minus rock from bottom to within six (6) inches of the top of the existing concrete. The remaining six (6) inches shall be filled with Portland cement mix as may be prescribed by the City Engineer. The holder of the permit shall replace such concrete to the same level as the adjoining concrete, and where the new joins the old concrete, that a firm bond is obtained. The top finish of the new concrete shall be the same as the old concrete in joins.
c. 
Excavation in asphalt streets or alleys shall be filled with one (I) inch minus rock from the bottom to within five (5) inches of the top. The remaining five (5) inches of the excavation shall be filled and tamped with asphalt mix. The new asphalt shall be well compacted and where the new asphalt joins the old asphalt a firm bond shall be obtained and the level of the new asphalt surface shall be the same as the old asphalt in joins.
d. 
Excavation in gravel streets or alleys shall be filled with one (1) inch minus rock to within twelve (12) inches of the top. The remaining twelve (12) inches shall be filled and tamped with crushed stone and such stone shall be tamped in layers not to exceed six (6) inches in depth.
5. 
Protection of public. Whoever shall in this City dig, make or cause to be dug, any excavation in any street, avenue, alley, parkway, or in any place immediately adjoining the same, and shall fail or neglect to place or cause to be placed around and along such excavations such barriers as shall be sufficient to prevent persons, animals or vehicles from falling into such excavation, or shall fail or neglect to keep or cause to be kept a red light burning device during the night or other warning device approved for use after dark, at each end of such excavation, shall be deemed guilty of a misdemeanor.
6. 
Permit restrictions.
a. 
Where the excavation extends across the entire street, the street may not be closed to traffic without permission of the City Engineer or Department of Public Works Supervisor and then not for more than four (4) hours. The permit holder shall notify the Fire Department of the time the street will be closed and opened.
b. 
All excavations in gravel and asphalt streets, including parkways, shall be completed with five (5) days after date of issuance. A penalty of ten dollars ($10.00) per day shall be charged beginning on the sixth day and continuing until completion unless an extension of time is granted by the City Engineer of Department of Public Works Supervisor upon request of permit holder prior to expiration date.
c. 
All excavations in concrete streets and sidewalks shall be completed with fifteen (15) days after issuance of permit. A penalty of ten dollars ($10.00) per day shall be charged beginning on the sixteenth day and continuing until completion unless an extension of time is granted by the City Engineer of Department of Public Works Supervisor upon request of permit holder prior to expiration date.
d. 
The permit holder shall be responsible for maintenance of the excavation he/she makes in streets, alleys, sidewalks and parkways for a period of six (6) months from date of issuance of permit. Upon notice by the City Engineer or Department of Public Works Supervisor, the permit holder shall make any necessary repairs with eight (8) hours after notification. Upon failure to do so by the permit holder, the City shall make the necessary repairs and charge all costs to the permit holder.
[Ord. No. 2000.19 §1, 11-13-2000]
The City Administrator or Department of Public Works Supervisor is empowered to close a street, alley, thoroughfare or public place within this City, or to withdraw the same from public use, temporarily and during such period as public work thereon shall make such action necessary. When any street is ordered closed for public use, a written or printed notice in large and conspicuous letters shall be posted at each entrance to each block, stating that such street, alley, thoroughfare or public place is closed and withdrawn from public use. Any person using or attempting to use, or driving, or attempting to drive, any animal or vehicle upon or along any street, alley, thoroughfare or public place so closed and withdrawn from public use, or shall without lawful authority, remove, destroy, or mutilate any sign posted as provided in this Chapter, shall be deemed guilty of a misdemeanor.
[Ord. No. 2000.19 §1, 11-13-2000]
Any person who shall remove, destroy or render insecure, any fence, barrier, or guard erected about any excavation as required by Section 545.010(5) of this Code, and placed at such excavation, and every person aiding, assisting or encouraging such destruction, removal or extinguishment, shall be deemed guilty of a misdemeanor.
[Ord. No. 2000.19 §1, 11-13-2000]
A. 
Whoever shall himself/herself, or by another, place upon any street or other public place in this City, any obstruction not authorized by ordinance, or make any excavation in such place without lawful authority or posting adequate surety bond or cashier's check as determined by the Street Commissioner, or displace or remove any stones, stakes, or other markers placed by an officer of this City under the authority thereof, or injure or deface any property, shall be deemed guilty of a misdemeanor.
B. 
Should, during an emergency condition, it become necessary for an individual or business to cut into any street or other public place, it shall be the responsibility of the Police Department to notify the individual or representative that the required bond shall be posted during the first (1 st) regular day of business following such emergency.
[Ord. No. 2000.19 §1, 11-13-2000]
A. 
Any person, firm or corporation to whom a building, demolition, or grading permit has been issued shall remove at least twice each working day any mud, dirt, sticky substance, litter or foreign matter of any kind carried into or deposited upon any public street, public sidewalk, or other public way or place of the City by any vehicle, or by the wheels of any vehicle, entering or leaving the site of the project for which the building, demolition or grading permit was issued. The removal shall be performed once prior to 12:00 Noon, and once at the end of the working day.
B. 
Any landowner involved in building construction, demolition, or grading shall remove at least twice each working day any mud, dirt, sticky substance, litter or foreign matter of any kind carried into or deposited upon any public street, public sidewalk, or other public way or place of the City by any vehicle, or by the wheels of any vehicle, entering or leaving the site of the project of building construction, demolition, or grading. The removal shall be performed once prior to 12:00 Noon, and once at the end of the working day. The fine for violation of this Section shall be five dollars ($5.00) to five hundred dollars ($500.00) per violation.
[Ord. No. 2000.19 §1, 11-13-2000]
A. 
It shall be unlawful for any person in this City to fail, neglect or refuse to control the runoff of water from land possessed by him/her, or under his/her management or control, so that an amount of soil, dirt, gravel, rock, sand, trash, filth, or similar material detrimental to or causing a hazard to public users is carried upon a public sidewalk or a paved public street.
B. 
The fine for violation of this Section shall be five dollars ($5.00) to five hundred dollars ($500.00) per violation.