[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.