CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 1. General Provisions

Article 1. General Provisions

It shall be unlawful for any person, firm or corporation to cut pavements, curbs or sidewalks or remove the same or make excavation in the streets, alleys or public ways of the city for any purpose without first applying for and receiving a permit from the governing body.

(R.O. 1955, 10-201)

Any person, firm or corporation desiring to obtain a permit shall make an application to the governing body and shall describe the work to be done and the location thereof. The governing body shall determine the fees to be paid for such purpose by resolution, on the basis of the application and upon the payment of the fees, which shall thereafter be paid to the city clerk, the governing body shall grant a permit.

(Ord. 385, Sec. 1)

When the condition of the sidewalk or pavement in the opinion of the governing body requires it, the pavement or sidewalk shall be cut by the use of a concrete saw. The city may supply such cutting equipment with an operator to pay the reasonable cost of labor and replacement of the equipment. All such fees shall be paid to the city clerk.

(R.O. 1955, 10-204; Code 2019)

The sums herein before required to be paid to the city shall be used for the replacement of the surface of paved or improved streets, alleys or sidewalks in accordance with the plans and specifications of the city. All such work shall be done by employees of the city under the direction of the governing body. The governing body may require that plumbing contractors shall backfill, with well tamped material, all excavations in dirt, gravel, sealed earth, and sidewalk locations.

(R.O. 1955, 10-205)

(a)   It shall be unlawful for any person to make any excavation in any street, alley, sidewalk or public way of the city without a permit therefor or to leave any excavation, building material, vehicle, stones, bricks, other materials or obstructions in or on any street, alley, sidewalk or public way in the city during the course of any work, unless the same be protected by barricades at all times or in the night time unless the excavation, building materials or obstruction is guarded with red lanterns or flares, sufficient in number and so located as to guard any vehicles and passersby of the extent and danger of such excavation or obstruction. Such lights shall be lighted before dark and left burning during the night time.

(b)   It shall be the duty of any officer or any employee of the city, having charge of any of the foregoing work, to place suitable warning signs and barricades to guard the public against injury and in the night time to keep and maintain a sufficient number of warning lights as in the case of other persons.

(c)   The governing body is authorized to direct the placing of any barricade, warning sign or lights herein required and may, if the public safety requires it, during the progress of any such work, close off the public street or sidewalk or any portion thereof, to prevent public use of the same.

(d)   Any person holding a permit to cut streets or sidewalks shall not be released from any obligation to barricade, light and otherwise guard or warn vehicles or passers-by of the extent and danger of the excavation until 24 hours after notification has been given to the governing body, Sundays and holidays excepted, and the excavation is ready for backfill and/or surface replacement.

(R.O. 1955, 10-206)

It shall be unlawful for any person, firm or corporation making an excavation or doing any work adjacent to or under any sidewalk or street to do any such work without proper barricades or safety guards or lights or to obstruct any street, alley or sidewalk of the city by placing or disposing therein, building materials, or to obstruct any such street, alley or sidewalk without first securing the approval of the governing body. Upon completion of the work, the contractor or person in charge shall clean up the public ways within not less than 10 days after the completion of the work.

(R.O. 1955, 10-301)

It shall be unlawful for any person to place, erect, construct, establish or maintain or cause to be placed, erected, constructed, established or maintained, any fixture, structure or other encroachment into and upon the sidewalks, streets, avenues, alleys and other property of the city without first obtaining the approval of the governing body.

(Ord. 193, Sec. 1)

It shall be the duty of the governing body to prepare suitable plans and specifications for the cutting and removal of curbs and when it is desired to construct any driveway entrance to any private premises or lots used in the city for parking purposes. It shall be the duty of any person, company or corporation having a permit for the removal of curbs to construct or reconstruct any entrance or sidewalk constituting part of such entrance in accordance with the plans and specifications therefor. No such entrance shall block or impede the free flow of water along the gutter or drainage ditch and no such entrance shall be constructed above the grade level or drainage course.

(R.O. 1955, 10-207)

When it shall be impracticable to open, construct or maintain an entrance across any drainage ditch or drain under the foregoing section, such places may be bridged by culverts at driveway entrances. Such culverts or bridges shall comply with the plans and specifications of the governing body. All such culverts shall be of sufficient capacity as not to interfere with the drainage, and the same shall be subject to approval by the governing body. The abutting lot owners shall pay the cost of all such culverts in the manner provided by law.

(R.O. 1955, 10-208)

It shall be unlawful for any person to place in or fill with concrete, dirt, planks, stones or other materials in any drainage ditch, or to bridge any gutter except as provided in the foregoing section, or in any manner change the course of any drainage ditch or obstruct any open drain in the city.

(R.O. 1955, 10-209)

It shall be unlawful for any person, firm or corporation to open or construct any entrance into a cellar way in a sidewalk of street or alleyway without the approval of the governing body. All cellar ways or pavement entrances now existing in any sidewalk or street or alleyway, or which may hereafter be so constructed, shall be protected by a good and substantial iron railing to be approved by the governing body in accordance with the building code.

(R.O. 1955, 10-302)

It shall be unlawful for any person to place, throw, or cause to be placed or thrown on any street, alley, sidewalk or other public property of the city, any glass, tacks, nails, bottles or any other substance or things that might do injury to any person or animals, or cut or puncture any pneumatic tire when passing over the same.

(R.O. 1955, 10-303)

It shall be unlawful for any person or persons to walk upon, drive or ride over or across any pavement sidewalk or similar public improvement in the street, during the course of construction, and before the same has been opened for public travel.

(R.O. 1955, 10-312)

Nothing in this article will be so construed as to prohibit the backfill of excavations, repair and replacement of surfaces by contractors in the performance of street, sewer, and water line and other improvement projects under the direction of the governing body.

(R.O. 1955, 10-210)