Alley.
A minor way which is used primarily for installation of public utilities and for vehicular service access to the back side or the side of the property otherwise abutting the street.
Easement.
A right held by the city to be used for access, drainage, or the placement of utilities such as, but not limited to, water, sewer, gas, telephone, cable television, and electrical lines.
Franchise.
A grant of authority by the city to utilize the public right-of-way under certain specific terms and conditions given by ordinance.
Right-of-way.
Any strip or area of land, including surface, overhead or air space, or underground or subsurface space, which is used or intended to be used or dedicated to be used wholly or in part as a public street or alley or as the location of public walkways and utility or drainage facilities or installations.
Sidewalk.
The concrete or asphalt surfaced portion of a street between either the curbline or roadway and the adjacent property line intended for pedestrian use.
Street.
The entire width between the boundary lines of every right-of-way, other than an alley, publicly maintained, when any part of it is opened to the public for vehicular use.
Other definitions.
Definitions not expressly described herein are to be determined in accordance with customary usage in municipal planning and engineering practices.
(2000 Code, sec. 21-71)
Any person, individual, firm, or corporation found guilty of violating any of the provisions of this division shall be deemed guilty of a misdemeanor and subject to the penalty provisions of section 1.01.009 of this code, and each and every day that a provision of this division is violated shall constitute a separate offense.
(2000 Code, sec. 21-83)
The following activities, uses, conditions, or occurrences on public right-of-way shall be deemed unlawful:
(1) 
To operate any machinery having tracks or feet or pulling lugs over or along any paved streets or alleys.
(2) 
The hauling of gravel, brick, sand, concrete, ready-mix concrete or mortar in such a manner to scatter or waste these substances onto any streets, alleys, or sidewalks.
(3) 
To drop, spill, or allow to leak out of any tank or vessel, whether connected with a motor vehicle or otherwise, any gasoline or other oil or petroleum-base substance onto any street, alley, or sidewalk.
(4) 
The discharging of any odorous water, sewage, wastewater, waste oils, kitchen grease, kitchen slop water, mop water, or other offensive or hazardous substance on to any public right-of-way.
(5) 
To place, locate, store, construct, install, or maintain any structure, building, object, vehicle, device, fence, wall or other material on or within any public right-of-way. Trees and other living domesticated vegetation located within the parkway area of a paved street and mailboxes are exempt from this prohibition. Provided, however, the city, or its authorized agents, shall not be required to replace any obstruction on or within any public way that must be removed during the course of maintenance, construction and/or reconstruction on or within the public way.
(6) 
To cast, place, or store any animal, offal, garbage, trash, refuse, or debris into or upon any street, alley, sidewalk, street gutter or other public right-of-way.
(7) 
To construct or place any temporary or permanent structure within, on, or over any public utility or drainage easement except for utilities or other facilities associated with drainage. The property owner may place removable section type fencing, asphalt or concrete paving, or landscaping within any dedicated public utility easement. Provided, however, that the city or any franchised utility of the city shall not be required to replace anything that must be removed during the course of maintenance, construction or reconstruction within any public utility or drainage easement.
(8) 
To obstruct, close up or fill any street gutter or public drainageway of any kind for any purpose.
(9) 
To place or maintain a sign of any kind designed for the purpose of advertising of any product or business, or any other kind of article or structure for the purpose of advertising, on the right-of-way of any street or highway within the city.
(10) 
To place or maintain any manmade structure or article of any kind on any right-of-way of any street or highway of the city without the express permission of the city council as expressed by resolution passed by the council in regular session.
(2000 Code, sec. 21-72)
The following shall control the consideration of requests for encumbrances on, over, under, or through public rights-of-way:
(1) 
The right to encumber the public right-of-way may be granted only by license and every grantee of a license shall agree to indemnify and hold the city harmless from any and all damages to persons or property, or both, arising in any manner out of the use of the licensed premises. Each applicant for a license shall submit a nonrefundable deposit as set forth in the master fee schedule to cover the expenses of the processing costs associated therewith. The total deposit shall be credited toward the issuance of the first-year license fee, should the applicant be approved for a license. The application must be accompanied by plans or drawings showing the area to be used and a statement of the purpose for which the right-of-way is to be used. The applicant is responsible for the establishment of the fair market value in the area of consideration for license. Fair market value shall be established by a competent appraiser and in accordance with customary practices in real estate appraisal.
(2) 
No individual, person, firm, or corporation shall be granted a license for an encumbrance of the public right-of-way that would adversely affect the public health, safety, or welfare of the citizens of the city.
(3) 
Subject to the exemptions set forth in section 3.14.125, no license shall be issued or granted for an encumbrance of the public right-of-way for less than a three foot width.
(4) 
Subject to the exemptions set forth in section 3.14.125, a licensee shall pay a license fee depending upon the amount of right-of-way encumbered as set forth in the master fee schedule. In no event shall a license fee be less than two hundred fifty dollars ($250.00) for a period of one year.
(5) 
Said license fee for each license shall be subject to annual review by the city council and is subject to change.
(6) 
The total deposit shall be credited towards the license fee for the issuance of the first year of a license should such be granted. Any individual, person, firm or corporation wishing to encumber the public right-of-way in any manner shall submit a license application and required deposit to the director of municipal services. Upon receipt and normal review by various city departments and public utility companies of such application, the director of municipal services shall forward the request to the city manager for approval.
(7) 
Any license granted hereunder shall be drafted by the city attorney’s office.
(8) 
In the event any individual, firm, person, or corporation is denied a license, he shall have the right to appeal such denial to the city council by filing a written notice of appeal with the city secretary no later than five (5) days from his/her receipt of notice of the denial of the request.
(9) 
The city council shall hear the applicant’s request within 30 days of notice of appeal and shall determine whether or not to uphold the denial, to grant the request as presented or to modify it.
(2000 Code, sec. 21-73; Ordinance 23-3746 adopted 5/23/2023)
(a) 
Any applicant who wishes to encumber public rights-of-way for installation of a private water line with a diameter of one inch (1") or less and for a distance of not more than three hundred feet (300'), a private sewer line with a diameter of four inches (4") or less and for a distance of not more than three hundred feet (300'), and an overhead line for a distance of not more than three hundred feet (300'), or for an encroachment by a building, is hereby exempt from the annual license fee and shall be subject to a one-time license fee as set forth in the master fee schedule.
(b) 
An applicant who wishes to encumber the public right-of-way adjacent to the applicant's private property for the purpose of installation of a private lawn sprinkler or irrigation system is hereby exempt from the license fee requirements of this division.
(2000 Code, sec. 21-74; Ordinance 23-3746 adopted 5/23/2023)
The applicant shall not, unnecessarily or for an unreasonable period of time, obstruct or interfere with the public use of any streets, roads, highways, alleys or public ways owned or controlled by the city.
(2000 Code, sec. 21-75)
The applicant shall repair any and all damages caused by the applicant to any real property owned or controlled by the city and shall restore such real property to substantially its condition immediately prior to the incident causing such damage. The applicant shall commence such repairs immediately upon completion of the work or activity in which the applicant was involved at the time the damage occurred and shall complete such repairs as promptly as possible. The applicant shall maintain the repairs to the satisfaction of the city for one year from the date the surface of said street, road, highway, alley or public way is broken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the city. The city may, from time to time, adopt reasonable ordinances regulating such work.
(2000 Code, sec. 21-76)
The applicant shall use reasonable care in conducting its work and activities in order to prevent injury to any person and unnecessary damage to any real or personal property.
(2000 Code, sec. 21-77)
The applicant shall attempt to utilize the alleys of the city insofar as is reasonably practical in conducting its work and activities hereunder. Notwithstanding the foregoing, however, the applicant may, when approved by the city, utilize the streets and any other public ways owned or controlled by the city to perform such work and activities.
(2000 Code, sec. 21-78)
(a) 
The applicant shall, upon written request from the city, change the location, position, route, depth or height of any encroachment or other components of the encroachment if and when such change becomes reasonably necessary because of a change in the grade of any street, road, highway, alley, public way, or other real property owned or controlled by the city or because of any change in the location of, or in the manner of maintaining, constructing, laying, repairing, removing, replacing, installing, or operating, any pavement, curbs, gutters, or underground or aboveground wires, cable or water or sewer pipes owned or controlled by the city. The city’s written request for such change must set forth, in detail, all of the essential elements and specifications of the requested change.
(b) 
All of the changes in location, position, route, depth or height described in the immediately foregoing subsection shall be made at the applicant’s sole expense; provided, however, that the applicant may seek payment from any governmental entity or agency (except the city), person, or party of any amount to which applicant may lawfully be entitled because of such change in location, position, route, depth, or height, or because of the abandonment of any encumbrances or other component of the encumbrances regardless of whether such encumbrances or component is wholly or partially located in any public or private way or right-of-way.
(2000 Code, sec. 21-79)
The applicant shall, at all times, keep on file with the city engineer a map or maps showing the current location of all encumbrances and other components of applicant’s facilities located in the city.
(2000 Code, sec. 21-80)
Any agreement shall be construed under and in accordance with the laws of the state, and all obligations of the parties hereunder are performable in the county.
(2000 Code, sec. 21-81)
In the event of any conflict between the provisions of this division and any other provision of the city code or other ordinance, this division shall control; provided, however, that nothing in this division shall affect the rights of a holder of a lawfully granted franchise.
(2000 Code, sec. 21-82)