§ 42-11 REMOVING EARTH, SAND AND THE LIKE FROM STREETS AND THE LIKE PROHIBITED.

   No person shall, unless authorized by the City Council, dig, remove or carry away any earth, sand, gravel, stone or sod from any street, lane or alley or public ground in the City.

(Ord. 100, passed 8-3-1909)

§ 42-12 LEAVING VEHICLES, RUBBISH AND THE LIKE IN STREETS PROHIBITED; REMOVAL OF VEHICLES AND THE LIKE BY CITY AT OWNER’S EXPENSE.

   It shall be unlawful for any person to leave any vehicle, wood, timber, rubbish or any other obstruction or encumbrance in any of the streets, lanes or alleys of the City at any time without special permission of the City Council. It shall be the duty of the Chief of Police and police officers to remove all such obstructions at the expense of the person creating or causing the same.

(Ord. 100, passed 8-3-1909)

§ 42-13 COVERING OVER VAULTS, WINDOWS AND THE LIKE IN SIDEWALK.

   No person shall cut, keep or have any opening through any sidewalk over any area, vault or window without having the same safely and securely covered, and in case the same shall be covered with a grating, the space between the bars shall not exceed one inch in width.

(Ord. 100, passed 8-3-1909)

§ 42-14 PLAYING SPORTS IN THE STREET.

   (a)   It shall be unlawful for any person to play ball, or hockey, or to throw or catch for sport, practice or pastime any ball or puck upon any street or alley within the City, in such a manner so as to impede the flow of traffic.

   (b)   It shall be unlawful for any person to place or maintain in the public right-of-way a sporting accessory in such a manner that the sporting accessory is impeding the flow of traffic or that persons using the sporting accessory are impeding the flow of traffic.

   (c)   It shall also be unlawful for persons utilizing or participating in an activity involving a sporting accessory to impede the flow of traffic.

      (1)   Definition. For purposes of this section, SPORTING ACCESSORY shall be defined as portable basketball pole, backboard or hoop, portable hockey net or other portable sporting equipment which when placed in the street would impede the flow of traffic.

      (2)   Penalty. Violation of this subsection (c) shall result in a progressive penalty. A person shall be fined $25.00 for the first offense and shall be fined double the amount for each subsequent offense.

   (d)   Community and charitable organizations may seek a waiver of enforcement for certain events. This waiver may be received from the City Clerk.

(Ord. 120, passed 8-3-1909; Ord. 3437, passed 6-14-1999; Ord. 3769, passed 5-24-2010)

§ 42-15 THROWING STONES, PLAYING GAMES AND THE LIKE IN STREETS PROHIBITED.

   No person shall throw any stone or other missile dangerous to the public, use any bow and arrow or slingshot or play any game in any street within the City.

(Ord. 100, passed 8-3-1909)

§ 42-16 EXCAVATIONS GENERALLY.

   (a)   No person shall break, injure, tear up or remove any pavement, sidewalk, crosswalk, curbing, street, lane, alley or road surface or make any

excavation in or under any street, lane, alley or sidewalk within the City for any purpose whatever, without first having obtained permission of the City Council. It shall be the duty of every person breaking, tearing up or removing any pavement, sidewalk, crosswalk, curbing, street, lane, alley or road surface, or making any excavation in or under any street, lane or sidewalk as speedily as practicable, and under the direction and supervision of the Division of Public Works to replace, relay and make good and put in as good order and repair as before to the satisfaction of the Division of Public Works, every such pavement, sidewalk, crosswalk, curbing, street, lane or alley, as the case may be. All excavations shall be backfilled with earth which shall be thoroughly and solidly tamped in layers not to exceed eight inches in thickness; except, that under pavement, sand and gravel shall be the type of earth used. If the earth shall settle, the person shall fill the same from time to time as may be necessary to the satisfaction of the Division of Public Works. Every such person and the contractor or other person by whom the work is done, shall erect and maintain a good and sufficient fence, railing or barrier around every excavation made by him or her in such a manner as to prevent accidents and shall place and keep on the fence, railing or barrier suitable and sufficient red lights during the night, and take such further care and precaution as the Division of Public Works may deem necessary and direct for the protection and safety of the public.

   (b)   On paved streets the permit shall not be deemed to have authorized any person to break, remove or rebuild, in whole or in part, any curbing or gutter for any purpose whatsoever. Whenever any person desires to have the pavement, curbing or gutter broken, removed or rebuilt in any street, alley or other public thoroughfare, he or she shall make application to the Division of Public Works for the work to be done; and if there appears to be no valid objection to the work, the Division of Public Works shall require a fee to be paid to the City Treasurer for every lineal foot of curbing or gutter to be broken or removed, or a deposit to be made sufficient to cover his or her estimate of the cost of rebuilding or reconstructing the curbing or gutter. The fee and deposit shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. When the payment has been made, the Director of Public Works shall issue the necessary orders to have the work done by City employees as soon thereafter as may be possible and he or she shall keep a record of all such applications in his or her office.

(Ord. 100, passed 8-3-1909; Ord. 1063, passed 3-17-1953; Ord. 2088, passed 10-21-1968; Ord. 3416, passed 2-8-1999)