A. Trimming Required: The owner of any premises abutting on any street shall trim all trees and shrubbery growing in the public right of way and on any part of the premises adjacent to any street or alley, in such a manner that the boughs or limbs thereof shall not obstruct free and convenient passage and travel along any streets, sidewalks or alleys. When such premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as herein required of the owner. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than ten feet (10') above the roadway of a street or alley, nor lower than eight feet (8') above the sidewalk. (1991 Code § 17-1; amd. 2013 Code)
B. Injuring Trees Or Shrubbery In Right Of Way: It shall be unlawful for any person to injure any tree or shrubbery within any public right of way; provided, that this shall not prohibit the lawful and proper care and removal of such trees and shrubbery.
C. Obstructing Sight Triangle: Any owner, lessee or occupant of any property abutting on any street shall not allow any manmade or natural view obstruction within the "sight triangle" created by definition in the city zoning ordinance. (1991 Code § 17-1)
A. Obstructing Public Ways: It shall be unlawful for any person, firm or corporation to obstruct, or otherwise prevent access to, any publicly used street, alley, easement or other city owned property, whether platted or unplatted; provided, that the city may prevent or provide access to such streets, alleys, easements and city owned properties from time to time, in the public interest.
B. Fencing Property; Easement Allowance: The city council may permit certain streets, alleys, easements and city properties which are dedicated, but not required for traffic or other public access or use, to be fenced or otherwise made inaccessible to the public (as in the case of land being farmed or grazed as a part of a larger field or pasture); provided, that the city council or any of its officers or employees shall have the right of ingress, egress and easement for the purpose of installing or maintaining utilities, cleaning, grading, mowing or any other activity which is in the public interest.
C. Inaccessible Property; Restrictions: Persons, companies, corporations or individuals who have fenced in, or are farming or grazing dedicated, but unopened, streets, alleys, easements or city owned properties, as permitted above, shall:
1. Not construct any building, structure, earthworks or ponds, nor in any other way disturb the general grade and slope of the land;
2. Maintain the property so that no nuisance is created;
3. Immediately relinquish any rights presumed to be held concerning the property upon notice by the city; and
4. Permit access to the property at any time when requested to do so by a city officer or employee.
D. Obstructing Dedicated Road Right Of Way: It shall be unlawful for any person, firm or corporation to construct, erect, build, or cause to be constructed, erected or built, any fence, of whatever height or material, within any dedicated road right of way in the city. (1991 Code § 17-2)
A. Interference With Pedestrians Or Vehicles: It shall be unlawful for any person to use or obstruct the sidewalks, streets, alleys, easements or public rights of way of the city in any manner so as to interfere unduly with pedestrian or other lawful traffic and parking thereon, or to interfere unduly with the purpose of said easement or right of way.
B. Garbage Deposits: It shall be unlawful for any person, firm or corporation to deposit, throw or sweep into or upon streets, alleys, parking areas or sidewalks any paper, rubbish, grass, weeds, tree trimmings, dirt, trash, crates, boxes or other refuse of any kind.
C. Hazardous Conditions On Sidewalks: It shall be unlawful for the owner or occupant of property abutting upon a sidewalk or sidewalk area to permit the sidewalk or sidewalk area adjacent to the property to become a hazard to persons using the sidewalk.
D. Open Manhole Or Grating: It shall be unlawful and an offense for any person to permit to be open or leave open any cellar door, manhole or grating of any kind in or upon any street, sidewalk or alley of the city. (1991 Code § 17-3)
E. Excavations; Permission Required; Guarding:
1. It shall be unlawful for any person to make any excavation or cutting in any street, sidewalk, alley or public grounds, or to remove any earth or construction material therefrom, except where authorized to do so by a city construction permit. (1991 Code § 17-3; amd. 2013 Code)
2. Excavations so authorized shall be properly guarded and protected to prevent said excavations from being or becoming dangerous to life or limb.
F. Preventing Flow Of Water: It shall be unlawful for any person, firm or corporation to obstruct any street, sidewalk, alley or drainage easement by placing any approach, driveway or other obstruction or substance whatever, that will obstruct or prevent the natural flow of water through the easement or into the storm sewers or drains, or dam the same so as to back any water upon the streets, alleys, sidewalks or gutters. (1991 Code § 17-3)
Illicit discharge and illegal dumping:
A. No person shall conduct, allow, or permit the direct or indirect discharge of any material other than stormwater into the MS4, the watercourses in the city, or the waters of the state or United States. The following direct or indirect discharges are examples of prohibited discharges; this list is not all-inclusive:
1. Sewage dumping or dumping of sewage sludge;
2. Chlorinated swimming pool discharge;
3. Discharge of any polluted household wastewater, such as, but not limited to, laundry wash water and dishwater, except to a sanitary sewer or properly operating sewage disposal system;
4. Leaking sanitary sewers and connections;
5. Leaking or improperly operating sewage disposal system, private or otherwise;
6. Leaking water lines;
7. Commercial, industrial or non-exempt public vehicle wash or power wash discharge and commercial, industrial, or non-exempt cosmetic cleaning;
8. Garbage, rubbish, litter, trash, or sanitary waste disposal;
9. Dead animals, animal fecal waste, or fecal absorbent such as cat litter or cedar mulch;
10. Non-stormwater discharges, except pursuant to a permit issued by the state or federal agency;
11. Dredged or spoil material;
12. Solid waste and commercial or industrial process by-products;
13. Chemical waste, industrial waste, and hazardous waste and substances;
14. Wrecked or discarded vehicles, appliances, or equipment;
15. Wastewater;
16. Motor vehicle fluid;
17. Oil or used oil;
18. Paint;
19. Yard waste such as grass clippings, leaves, or limbs;
20. Sediment, litter, building materials, chemicals, concrete wash-out or slurry, or sanitary waste from a construction site;
21. Municipal solid waste.
B. The following non-stormwater sources are the "allowable and occasional incidental discharges" which the city has determined to not be substantial contributors of pollutants to the MS4 and are therefore allowed:
1. Water line flushing;
2. Landscape irrigation;
3. Diverted stream flows;
4. Rising ground waters;
5. Residential building wash water without detergents;
6. Uncontaminated pumped ground water;
7. Uncontaminated ground water infiltration;
8. Discharges from potable water sources;
9. Foundation drains;
10. Air conditioning condensate;
11. Irrigation water;
12. Springs;
13. Water from crawl space pumps;
14. Footing drains;
15. Lawn watering;
16. Individual residential car washing;
17. De-chlorinated swimming pool discharges;
18. Street wash water;
19. Fire hydrant flushings;
20. Non-commercial or charity car washes;
21. Discharges from riparian areas and wetlands; and
22. Discharges or flows from emergency fire-fighting activities provided that the incident commander, fire chief, or other on-scene fire-fighting official in charge makes an evaluation regarding potential releases of pollutants from the scene. Measures shall be taken to reduce any such pollutant releases to the maximum extent practicable subject to all appropriate actions necessary to ensure public health and safety.
C. Accidental discharges. In the event of any discharge or a hazardous substance in amounts which could cause a threat to public drinking supplies, a "significant spill," or any other discharge which could constitute a threat to human health or the environment, the owner or operator or the facility shall give notice to the city's public works superintendent and the field office of the state department of environmental quality as soon as practicable, but in no event later than the close of business on the day following the accidental discharge or the day the discharger becomes aware of the circumstances. If an emergency response by governmental agencies is needed, the owner or operator should also call 911 immediately to report the discharge. A written report must be provided to the city's public works superintendent within five days of the time the discharger becomes aware of the circumstances, unless this requirement is waived by the mayor or his authorized representative for good cause shown on a case-by-case basis, containing the following particulars:
1. A reasonably precise description of the discharge;
2. The exact date and time of discharge; and
3. Steps being taken to eliminate and prevent recurrence of the discharge.
D. The owner and operator shall take all reasonable steps to mitigate any adverse impact to the city's MS4, the watercourses in the city, or the waters of the state or United States, including such accelerated or additional monitoring as necessary to determine the nature and impact of the discharge. It shall not be a defense for the discharger in an enforcement action that it would have been necessary to halt or reduce the business or activity of the facility in order to maintain water quality and mitigate any adverse impact that the discharge may cause. The mitigation plan shall be approved by the drainage utility manager. (1991 Code § 17-4; amd. 2013 Code; Ord. 24-02, 5-14-2024)
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