(A) No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed and loaded as to prevent any load, contents, or litter from being thrown or deposited upon any street, alley, or other public place. No person, being the owner, driver, or other person in charge of a vehicle hauling excavated material, coal, coke, construction or building materials, or other materials within the city shall permit any part of such material to fall or drop or be blown therefrom on a city street, alley, or other public place. When a vehicle carries trash, sawdust, ashes, cinders, sand, earth, lime, manure, or other substance liable to be blown away, the owner, driver, or other person in charge thereof shall, before driving or operating it on any street, alley, or other public place, cause such substance or substances to be completely covered with a canvas, duck, or other substantial covering in such manner that the same cannot fall or be blown from such vehicle.
(B) No person shall operate on any street, alley, or other public place a vehicle with mud, dirt, sticky substances, litter, or foreign matter on its wheels or other parts, if such operation results in the depositing or tracking of mud, dirt, substances, litter, or foreign matter on any street, alley, or other public place. No person being the owner of real property or a prime contractor in charge of a construction site shall maintain such property or construction site so that vehicles upon the property or construction site pick up mud, dirt, sticky substances, litter, or foreign matter on the wheels or other parts and deposit or track the mud, dirt, sticky substances, litter, or foreign matter onto any street, alley, or other public place.
(C) Whenever construction, demolition, excavation, trenching, or grading by any person creates a condition where mud, dirt, sticky substances, litter, or foreign matter may be washed upon any street, alley, or other public place, or tracked upon same by vehicles, the person shall take the precautionary measures necessary to prevent the mud, dirt, sticky substances, litter, or foreign matter from being washed or tracked upon the street, alley, or other public place.
(D) Where mud, dirt, sticky substances, litter, or foreign matter has been washed upon or tracked or deposited on any street, alley, or other public place in violation of this section, it shall be removed, and the street, alley, or other public place shall be cleaned and cleared so that same is restored to its original condition by the person or persons responsible. If the street is not restored within 12 hours, the City Administrator is authorized to cause such mud, dirt, substances, litter, or foreign matter to be cleaned from such street and to charge the cost thereof to the person or persons responsible. The cost of cleaning shall be collected by civil suit. The term "responsible person" as used in this section shall mean the driver of the vehicle which deposited or tracked the mud, dirt, substances, litter, or foreign matter on the street, or the driver's employer, or the owner of the real property or prime contractor in charge of a construction site from where the deposited or tracked mud, dirt, substances, litter, or foreign matter on the street, alley, or other public place originated.
(E) The city shall have a lien upon the entire property from which the mud, dirt, sticky substances, litter, or foreign matter originated and to which the offending vehicle was proceeding to secure the costs of removing same and cleaning the street, alley, or other public place pursuant to this section, and further to secure the expenses incurred by the city in the collection of the aforesaid costs. Such lien may be enforced by an action for the foreclosure thereof.
(F) Any material violation of this section is declared to be an unsafe and dangerous practice, for which the Building Inspector may issue a stop-work order. This action by the Building Inspector shall be in addition to any other remedies which may be available.
(Ord. 362-1986, passed 8-6-86) Penalty, see § 94.99