[Adopted as Ch. 12.04 of the 1979 Code]
All public streets, alleys, sidewalks, and other public ways
in the City shall be under the supervision of the Director of Public
Service. He shall be charged with the enforcement of all ordinance
provisions relating to such public places (except traffic ordinances)
and is hereby authorized to enforce such ordinances.
[Amended 1980 by Ord. No. 539]
A.
It is unlawful to construct or lay any pavement on any public street,
sidewalk, alley or other public way, or to repair the same, without
first having secured authorization from the City Administrator. It
is unlawful for any property owner, person, firm, or corporation to
repair, replace, or remove any sidewalk without first having secured
authorization to do so from the City Administrator. Applications for
such approval shall be made to the City Administrator and shall state
the location of the intended pavement, repair, replacement or removal,
the extent thereof, and the person or firm who or which is to do the
actual construction work.
B.
Any sidewalk removed by any property owner, person, firm or corporation
shall be replaced within a reasonable time after removal by an approved
contractor approved by either the City Administrator or the Director
of Public Service.
C.
The Council shall from time to time establish a dollar amount per
lineal foot of sidewalk to reimburse the property owner for costs
expended in removing and replacing a sidewalk. Any reimbursement shall
be made only after the new sidewalk is installed and after the sidewalk
is inspected and approved by the Director of Public Service as being
in conformity with specifications established by the Streets Committee
of the Council.
D.
Each property owner, person, firm or corporation seeking approval
to remove, repair or replace a sidewalk or to repair or pave a street
shall be responsible to the City for any loss or damage resulting
from the work undertaken or the manner of doing the same.
E.
All streets and sidewalk pavements shall be made in conformity with
specifications laid down or approved from time to time by the Council.
It is unlawful to walk upon or drive any vehicle or animal upon,
or injure any newly laid street or sidewalk pavement while the same
is guarded by a warning sign or barricade, or to knowingly injure
any soft or newly laid pavement.
All public street, alley and sidewalk pavement shall be kept
in good repair. Such repair work, whether done by the City or by the
abutting owner, shall be under the supervision of the Director of
Public Service.
It shall be the duty of every City officer or employee becoming
cognizant of any defect in any street, alley or sidewalk, or any obstruction
thereof, to report the same to the Director of Public Service as soon
as possible.
It is unlawful for any person, firm or corporation to cause,
create or maintain any obstruction of any street, alley, sidewalk
or other public way, except as may be specifically authorized by ordinance
or by the Director of Public Service when necessary in an emergency
or in connection with any lawful construction, repair or removal work.
Any person, firm or corporation laying or repairing any pavement
on a street, sidewalk or other public place, or making an excavation
in any such place, shall maintain suitable barricades to prevent injury
to any person or vehicle by reason of the work; such barricades shall
be protected by lights at nighttime. Any defect in any such pavement
shall be barricaded to prevent injury; and any person, firm or corporation
properly maintaining any opening or excavation in any such place shall
guard such opening or excavation while the same remains open by proper
barricades and lights.
It is unlawful to disturb or interfere with any barricade or
lights lawfully placed to protect or mark any new pavement or excavation
in any public street, alley or sidewalk.
It is unlawful for any person, firm or corporation to use any
street, sidewalk or other public place as space for the display of
goods or merchandise for sale; or to write or mark any signs or advertisements
on any such pavements.
[Amended 1989 by Ord. No. 624; 2-6-2017 by Ord. No. 994]
It is unlawful for any person, firm or corporation to erect
or cause to be erected or to retain or cause to be retained any encroachment
within the limits of the project right-of-way or roadway right-of-way
where no project right-of-way lines have been established.
It is unlawful to injure any sidewalk, street or alley pavement.
A.
It is unlawful to deposit on any street any material which may be
harmful to the pavement thereof, or any waste material, or any glass,
or other articles which may do injury to any person, animal or property.
Waste material is hereby defined as to include, but not be limited
to, grass clippings.
[Amended 6-20-2005 by Ord. No. 829]
B.
Coal or other materials may be deposited in streets preparatory to
delivery or use; provided that such deposit does not reduce the usable
width of the roadway at that point to less than 18 feet, and also
provided that such material or coal, other than material to be used
in actual building construction, shall not be permitted to remain
on such street for more than three hours.
C.
Any such material or coal shall be guarded by lights if the same
remains upon any street after nightfall.
A.
It is unlawful to deposit on any public sidewalk any material which
may be harmful to the sidewalk, or any waste material, or any glass
or other articles which might cause injury to persons, animals or
property.
B.
Merchandise or other articles may be deposited on sidewalks preparatory
to delivery; provided that the usable width of the sidewalk is not
thereby reduced to less than four feet; and provided that no such
article shall remain on such walk for more than 1/2 hour.
It is unlawful to obstruct any drain in any public street or
alley.
It is unlawful to erect or maintain any poles or wires on or
over any public street, alley or other public way without having first
secured permission from the City Council. Any utility pole placed
along the street shall be set at least two feet from the curbline
and any tile or cable damaged by setting the pole shall be repaired
by and at the cost of the utility.
A.
It is unlawful to make any excavation in or tunnel under any public
street, alley, or sidewalk or other public place, in the City, without
having first obtained a permit therefor. Application for such permit
shall be made to the City Clerk and shall specify the intended location
and the purpose of excavation.
B.
Any person making any such excavation shall refill the same properly
and shall restore the surface to its condition before the excavation
was made, as soon as possible. All such excavations, refills and resurfacing
shall be made subject to the supervision and direction of the Director
of Public Service.
It is unlawful to construct or maintain any opening or stairway
in any public street or sidewalk or alley without first obtaining
a permit from the City Council. All such lawfully maintained openings
shall be guarded by a suitable cover or railing approved by the Director
of Public Service.
It is unlawful to construct or maintain any fence composed in
whole or part of barbed wire, or with any similar material designed
to cause injury to persons, or any wire charged with electric current,
anywhere within three feet of any public place, sidewalk, street,
alley, park or other public place.
[Added 1986 by Ord. No. 598]
A.
Each property owner in the City shall be responsible and liable for
the maintenance and upkeep of the street area between the property
owner's real estate and the street or alley surface by the City adjoining
the lot or other real estate of the property owner.
