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- Chapter 135 -
Street Use & Maintenance

135.01 Streets Superintendent; Duties
135.02 Removal of Warning Devices
135.03 Obstructing or Defacing
135.04 Placing Debris On
135.05 Playing In
135.06 Traveling on Barricaded Street or Alley
135.07 Use for Business Purposes
135.08 Washing Vehicles
135.09 Burning Prohibited
135.10 Excavations
135.11 Maintenance of Parking or Terrace
135.12 Failure to Maintain Parking or Terrace
135.13 Dumping of Snow
135.14 Driveway Culverts
135.15 Curb Cuts

135.01   STREETS SUPERINTENDENT; DUTIES.  For use in this chapter, the term “Superintendent” means the Streets Superintendent of the City or a duly authorized assistant, agent or representative.  The Superintendent shall supervise the maintenance of streets, alleys and sidewalks and shall enforce all regulations pertaining to streets, alleys and sidewalks in the City in accordance with this chapter.  The Superintendent shall make such rules, not in conflict with the provisions of this chapter, as may be needed for the detailed maintenance of the streets, alleys and sidewalks, subject to the approval of the Council.  In the event of an emergency, the Superintendent may make temporary rules for the protection of the streets, alleys and sidewalks until due consideration of the Council may be had.

135.02   REMOVAL OF WARNING DEVICES.  It is unlawful for a person to willfully remove, throw down, destroy or carry away from any street or alley any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said street or alley without the consent of the person in control thereof.

(Code of Iowa, Sec. 716.1)

135.03   OBSTRUCTING OR DEFACING.  It is unlawful for any person to obstruct, deface, or injure any street or alley in any manner.

(Code of Iowa, Sec. 716.1)

135.04   PLACING DEBRIS ON.  It is unlawful for any person to throw or deposit on any street or alley any glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, leaves, grass or any other debris, or any other substance likely to injure any person, animal or vehicle or which, if washed into the storm sewer, could clog the storm sewer.

(Code of Iowa, Sec. 321.369)

135.05   PLAYING IN.  It is unlawful for any person to coast, sled or play games on streets or alleys, except in the areas blocked off by the City for such purposes.

(Code of Iowa, Sec. 364.12[2])

135.06   TRAVELING ON BARRICADED STREET OR ALLEY.  It is unlawful for any person to travel or operate any vehicle on any street or alley temporarily closed by barricades, lights, signs, or flares placed thereon by the authority or permission of any City official, police officer or member of the Fire/Rescue and Ambulance Department.

135.07   USE FOR BUSINESS PURPOSES.  It is unlawful to park, store or place, temporarily or permanently, any machinery or junk or any other goods, wares, and merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or offering same for sale, without permission of the Council.

135.08   WASHING VEHICLES.  It is unlawful for any person to use any public sidewalk, street or alley for the purpose of washing or cleaning any automobile, truck equipment, or any vehicle of any kind when such work is done for hire or as a business.  This does not prevent any person from washing or cleaning his or her own vehicle or equipment when it is lawfully parked in the street or alley.

135.09   BURNING PROHIBITED.  No person shall burn any trash, leaves, rubbish or other combustible material in any curb and gutter or on any paved or surfaced street or alley.

135.10   EXCAVATIONS.  No person shall dig, excavate or in any manner disturb any street, parking or alley unless such person first obtains a permit therefor as hereinafter provided:

1.      Application.  Before such permit is granted, the person shall file with the City a written application. The application shall contain the following:

A.        An exact description of the property, by lot and street number, in front of or along which it is desired to excavate;

B.        A statement of the purpose, for whom and by whom the excavation is to be made;

C.        The person responsible for the refilling of said excavation and restoration of the street or alley surface; and

D.        Date of commencement of the work and estimated completion date.

2.      Public Convenience.  Streets and alleys shall be opened in the manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street

3.      Barricades, Fencing and Lighting.  Adequate barricades, fencing and warning lights meeting standards specified by the Superintendent shall be so placed as to protect the public from hazard.  Any costs incurred by the City in providing or maintaining adequate barricades, fencing or warning lights shall be paid to the City by the permit holder/property owner.

4.      Insurance Required.  Each applicant shall also file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the permit covering the applicant and all agents and employees for the following minimum amounts:

A.        Bodily Injury - $100,000.00 per person; $300,000.00 per accident.

B.        Property Damage - $50,000.00 per accident.

5.      Restoration of Public Property.  Streets, sidewalks, alleys and other public property disturbed in the course of the work shall be restored to the condition of the property prior to the commencement of the work, or in a manner satisfactory to the Superintendent, at the expense of the permit holder/property owner.

6.      Inspection.  All work shall be subject to inspection by the Superintendent.  Backfill shall not be deemed completed, nor resurfacing of any improved street or alley surface begun, until such backfill is inspected and approved by the Superintendent.  The permit holder/property owner shall provide the City with notice at least twenty-four (24) hours prior to the time when inspection of backfill is desired.

7.      Completion by the City.  Should any excavation in any street or alley be discontinued or left open and unfinished for a period of twenty-four (24) hours after the approved completion date, or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expenses therefor to the permit holder/property owner.

8.      Responsibility for Costs.  All costs and expenses incident to the excavation shall be borne by the permit holder and/or property owner.  The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.

9.      Permit Issued.  Upon approval of the application and filing of insurance certificate, a permit shall be issued.  A separate permit shall be required for each excavation.

135.11   MAINTENANCE OF PARKING OR TERRACE.  It shall be the responsibility of the abutting property owner to maintain all property outside the lot and property lines and inside the curb lines upon the public streets, except that the abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. Maintenance includes timely mowing, trimming trees and shrubs and picking up litter.

(Code of Iowa, Sec. 364.12[c])

135.12   FAILURE TO MAINTAIN PARKING OR TERRACE.  If the abutting property owner does not perform an action required under the above section within a reasonable time, the City may perform the required action and assess the cost against the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2e])

135.13   DUMPING OF SNOW.  It is unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; except where, in the cleaning of large commercial drives in the business district it is absolutely necessary to move the snow onto the street or alley temporarily, such accumulation shall be removed promptly by the property owner or agent, and only after first making arrangements for such prompt removal at the owner’s cost of the accumulation within a reasonably short time.

(Code of Iowa, Sec. 364.12 [2])

135.14   DRIVEWAY CULVERTS.  The property owner shall, at the owner’s expense, install any culvert deemed necessary under any driveway or any other access to the owner’s property, and before installing a culvert, permission must first be obtained from the City.  In the event repairs are needed at any time with respect to culverts, it shall be the responsibility of the property owner to make such repairs, and, in the event the owner fails to do so, the City shall have the right to make the repairs.  If the property owner fails to reimburse the City for the cost of said repairs, the cost shall be certified to the County Treasurer and specially assessed against the property as by law provided.

135.15   CURB CUTS.  No person shall construct or reconstruct a driveway which connects to any street or make any curb cut on any street without first obtaining a permit therefor from the Clerk.  Before any permit is issued, the person who makes the application shall pay twenty-five dollars ($25.00) to the Clerk to recover the costs of issuing the permit, supervising and inspection of the work.  All driveway approaches shall be constructed and all curb cuts shall be made according to the specifications of the Superintendent.  All such driveway approaches and curb cuts shall be inspected and approved in writing by the Superintendent, and the Superintendent shall keep a record of such approvals.  If the Superintendent refuses to approve the work, the contractor or property owner must proceed immediately to correct the work so that it will meet with the Superintendent’s approval.