GENERAL PROVISIONS

No person, other than authorized city employees, shall dig or excavate any bole, 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.

(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) above.

(c)   Each bond given under this section shall be approved by the City Attorney and filed with the City Clerk.

If the application is approved by the city, the City Clerk shall issue a permit upon payment of a fee of $5. Each permit issued under the provisions of this section shall cover only one specified excavation.

Any person to whom an excavation permit is issued shall enclose all excavations that they make with sufficient barricades and danger signs at all times, and shall maintain sufficient 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.

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.

(a)   No person shall cut any curb, gutter, pavement, blacktop or sidewalk, or excavate any street, alley or other public grounds of the city for any purpose without first obtaining a permit authorizing the same from the City Clerk.

(b)   Once the work for which the excavation was made has been completed, the city shall restore the pavement, blacktop, sidewalk or other surfacing at the expense of the person from whom the excavation was made.

(c)   In lieu of the city replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like materials, subject to approval of the Street Superintendent.

No person shall change or alter any gutter, storm sewer, drain or drainage structure that 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.

No person shall walk upon, drive or ride over or across any pavement, sidewalk or incomplete grading chat bas not been opened for traffic.

(a)   No person shall occupy any portion of any street, alley or sidewalk for the purpose of 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 the purpose of 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 (b) in connection with community promotions or community-wide celebrations when such waiver is considered to be in the best interest of the city.

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.

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.

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.

It shall be unlawful for any person or persons to make or cause to be made any fire upon any of the paved streets, alleys or street intersections within the city.

(Prior Code § 15-303; Ord. 163)

It shall be unlawful to throw or bat any ball, stone or other hard substance into, on or across any street or alley or at or against any building or vehicle.

It shall be unlawful to haul over the streets or alleys of the 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.

(a)   The governing body of the city finds that parking and operating motor vehicles on certain streets which are dirty or have debris on them is a matter affecting the health, safety and welfare of the citizens of the city, for the reasons that parked and stalled vehicles impede said removal operations.

(b)   Whenever dirt or debris has accumulated to the level that the city desires to remove same from any area in the city, a notice shall be communicated via signage and/or social media which shall require vehicle owners or operators to remove their vehicles from the routes the city desires to clean. Street cleaning schedules will be posted, if at all possible, on the city website or social media and such notification is sufficient for purposes of this section.

(c)   All vehicles and trailers parked on a street cleaning route must be removed when a street cleaning occurs as set forth in subsection (b) above. Any vehicle or trailer parked on a street cleaning route may be removed, or caused to be removed, by a police officer to the nearest garage or other place of safety, and the vehicle or trailer may not be recovered until the towing and storage charges are paid. The Police Department may also ticket vehicles. Violation of this section is an offense that carries a penalty of up to 30 days in jail and/or a fine of up to $1,000.

(Ord. 923)

ENCROACHMENTS

No person shall erect or maintain any building, sidewalk, curb, gutter, drain, awning, canopy, sign or obstruction, upon or adjacent to any premises within the limits of the city or extending past the boundary of any lot or tract of ground in the city, in such a manner as to encroach upon, or obstruct, any street, avenue, alley or sidewalk in the city, or in such a manner as to be unsafe, or as to threaten injury to any person or to property; provided that, awnings, canopies and signs may be erected and maintained as provided in section 13-231 of this article.

(Prior Code § 15-401; Ord. 319)

No person shall erect or maintain, within the city, any awning, canopy or sign which extends past the boundary of any lot or tract of ground into, above or across any street, avenue, alley or sidewalk, unless the same be erected and maintained as follows, to wit:

(a)   All parts of canvass awnings must be maintained not less than eight feet above the sidewalk, except there may be attached thereto an ornamental vertical section of canvass maintained not less than seven feet above the sidewalk;

(b)   All canopies must have frames of metal or wood or of equally substantial materials, and must be attached to, or suspended from a building or other secure support with metal rods or chains, and all parts and the supports thereof must be maintained not less than eight feet above the sidewalk or ground; and

(c)   All signs must have frames of metal or wood or of equally substantial materials, must be attached to or suspended from a building or other secure support in a safe manner and so as not to threaten injury to any person or to property, and must be maintained not less than eight feet above the sidewalk or ground.

(Prior Code § 15-402; Ord. 319)

No person shall in any manner encroach upon or obstruct, or cause to be encroached upon or obstructed, any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or is lawfully controlled, by the city.

(Prior Code § 15-403; Ord. 320)

No person shall change or alter any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or is lawfully controlled by the city, unless such change or alteration has been legally authorized or directed by the governing body of the city.

(Prior Code § 15-404; Ord. 320)

The construction and/or maintenance of any structure, building, sign, poster, billboard, roadside stand or other private installation upon or within, or which encroaches upon the limits of the right-of-way of any street or avenue within the limits of the city, which street or avenue is a city connecting link of the State Highway System, hereby is prohibited; provided that, by the consent of the governing body of the city, grass, flowers, shrubs, trees and private driveways, when and if same do not interfere with the use thereof for traffic purposes, may be constructed, maintained or had upon the untraveled portions of such streets or avenues.

(Prior Code § 15-405; Ord. 335)

The construction and/or maintenance of any gas and fuel dispensing pump within 12 feet of the limits of the right-of-way of any such city connecting link hereby is prohibited.

(Prior Code § 15-406; Ord. 335)

Every person violating any of the provisions of sections 13-230 through 13-235 of this article shall, upon conviction, be punished by a fine of not more than $100 or by imprisonment in the city jail for not more than 30 days, or by both such fine and imprisonment for each and every such violation. In case of default in payment of any fine assessed hereunder, such person shall be imprisoned in the city jail until such fine is paid in full.

(Prior Code § 15-408; Ord. 335; Code 2024)