(A) Any act, neglect, or omission, or any condition caused or allowed to continue which creates or results in causing a condition in or on any public street, sidewalk, or storm drain which requires special cleaning or repair of the street, sidewalk, or storm drain is hereby prohibited. Prohibited acts, neglects, omissions, and conditions which result in requiring special cleaning or repair shall include but shall not be limited to the following.
(1) The hauling of dirt, debris, or materials removed from the sites of construction or reconstruc- tion of buildings or structures, or waste materials of any kind, in such manner that any portion of the dirt, debris, or materials is spilled, lost, dropped, or left on the streets or sidewalks.
(2) The depositing or leaving on the streets or sidewalks of mud, dirt, or any other material as a result of the use of trucks, construction equipment, or machinery, regardless of whether the materials are spilled, lost, or dropped in transit or are deposited on the surface of the street or public property by the tires or wheels of the trucks, construction equipment, or machinery.
(3) The grading of lots, land, or driveways at elevations higher than street or sidewalk level, or any other acts, neglects, or conditions created or allowed to exist on the property which result in mud, dirt, soil, gravel, debris, or other materials being washed onto city streets or sidewalks or into the city storm drainage system.
(4) No person, firm or corporation shall deposit or cause to be deposited any yard waste, including but not limited to leaves, grass clippings, twigs or limbs, within the right of way of any public street, sidewalk, or storm drain.
(B) Special cleaning or repair of streets, sidewalks, and the storm drainage system shall be deemed to be required when their condition is such that the public health, safety, welfare, or public use of them is threatened, limited, or impaired; the use and enjoyment of property abutting the streets or sidewalks are diminished or limited; or substantial damage is caused to the streets, sidewalks, or drainage facilities or to the abutting property. "SPECIAL CLEANING OR REPAIR" as used in this section and §§ 40.31 and 40.99 shall include resurfacing, restoration of gravel, and similar repairs made necessary by prohibited acts, neglects, or conditions.
(Ord. 79-7, passed 4-23-79; Am. Ord. 02-04, passed 1-22-02) Penalty, see § 40.99