CHAPTER 8: PUBLIC WAYS AND PROPERTY
   Article
      1.   MUNICIPAL PROPERTY
      2.   SIDEWALKS
      3.   STREETS
      4.   CURB AND GUTTER
      5.   BUILDING AND STREET NUMBERING
      6.   TRANSPORTATION OF RADIOACTIVE MATERIALS
      7.   TREES
      8.   PENAL PROVISION
ARTICLE 1: MUNICIPAL PROPERTY
Section
   8-101   Municipal property, terraces, curb lines
   8-102   Improvements; power of city
   8-103   Obstructions; sales displays and the like
   8-104   Permitted obstructions
   8-105   Weeds
   8-106   Signs, awnings and canopies
   8-107   Vehicles not to be driven over curbs
   8-108   Overhanging branches
§ 8-101  MUNICIPAL PROPERTY, TERRACES, CURB LINES.
   (A)   There shall be reserved on each side of every street in the city for sidewalks and for the cultivation of trees and grass such space as the Mayor and City Council, by resolution, shall fix, taking into consideration the matter of uniformity with respect to sidewalks and curbs in adjacent blocks.
   (B)   No curb line shall be fixed, no park space shall be cultivated (except as provided above) and no curbs shall be built by any property owner without the written permission of the Mayor and City Council pursuant to written application therefor.
   (C)   On streets in the business or residence portion of the city, the curb line shall remain as it is now established.
(2005 Code, § 8-101)
§ 8-102  IMPROVEMENTS; POWER OF CITY.
   The Mayor and Council, by a three-fourths vote, shall have the power to open, control, name, rename, extend, widen, narrow, vacate, grade, curb, gutter, park and pave or otherwise to improve and control and keep in good repair and condition, in any manner they may deem proper, any street, avenue or alley, public parks or square, or part of either, within or without the limits of the city; and it may grade partially or to the established grade or park or otherwise improve any width or part of any street, avenue or alley.
(2005 Code, § 8-102)
§ 8-103  OBSTRUCTIONS; SALES DISPLAYS AND THE LIKE.
   (A)   Trees and shrubs, growing upon, or near, the lot line, or upon public ground and interfering with the use, or construction of any public improvements shall be deemed an obstruction under this article. Said roots may be removed by the municipality at the expense of the owner of the property upon which the tree is located should the owner fail, or neglect, after notice, to do so. It shall be unlawful for any person, persons, firm or corporation to obstruct, or encumber, by fences, gates, buildings, structures or otherwise, any of the streets, alleys or their rights-of-way. The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property shall permit or suffer to remain on any premises owned or controlled by him or her any hedge, shrubbery, bush or similar growth in excess of three feet in height, measured from the curb level or when such growth or tree obstructs the vision of drivers of motor vehicles at street or alley intersections in the city. It shall be the duty of owners and occupants to at all times keep trimmed and pruned all such similar growth. Whenever any such growth is allowed to grow in excess of three feet contrary to the provisions of this article, or contrary to the provisions of § 6-302 of this code of ordinances, the governing body may pass a resolution ordering the owner or occupant to remove such obstructions within three days after having been served with a copy of said resolution by the municipality stating that the municipality will do so and will charge the costs thereof to the owner or occupant as a special assessment for improvements as herein provided, or shall collect the same by civil suit brought in the name of the municipality against the said owner or occupant. It shall be the duty of an owner or occupant engaged in construction of any building or improvement upon or near the public ways and property to have all excavations or exposures of any kind protected and guarded by suitable guards or barricades by day and by warning lights at night. In the event of failure, neglect or refusal to comply with the provisions of this article, it shall be the duty of the municipality to stop all work upon said buildings and improvements until suitable guards are erected and kept in the manner aforesaid. Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property, or wholly upon the abutting property, but so close to the lot line as to interfere with the making of any public improvement or so that the roots thereof interfere with any utility wires, pipe or any public improvement shall be deemed an obstruction and such trees, shrubs and roots may be removed by the municipality pursuant to the procedure prescribed above. In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(2005 Code, § 8-103)
   (B)   No person shall erect, maintain or suffer to remain on any street or public sidewalk, or on any portion of the area between the lot line and the curb line of any street, any stand, wagon, display of merchandise or any other obstruction injurious to, inconvenient or inconsistent with the public use of the same; provided that, a reasonable time shall be allowed to remove goods, wares and merchandise being received and shipped. However, the City Council may grant exceptions to this section.
(2005 Code, § 8-104)
§ 8-104  PERMITTED OBSTRUCTIONS.
   Persons engaged in the erection, construction, reconstruction, wrecking or repairing of any building, or the construction, or repair, of a sidewalk along any street, may occupy the public street space with such building material and equipment as long as is necessary if such persons shall make application to and receive a permit in writing from the Building Inspector; provided, no permit for the occupancy of more than one-third of the roadway of the public space adjacent to the real estate on which said building is to be constructed, erected, reconstructed, wrecked or repaired shall be granted; and, provided further, a suitable passageway for pedestrians shall be maintained within the public space included in the permit which shall be protected and lighted in the manner required by the official issuing the permit.
(2005 Code, § 8-105)
§ 8-105  WEEDS.
   It is hereby the duty of the Municipal Services Director or his or her duly authorized agent to view and inspect the sidewalk space within the corporate limits for growing weeds during the growing season and, if rank and noxious weeds are found growing thereon, he or she shall notify the owner or occupant thereof, to cut down such weeds as close to the ground as can be practicably done and keep the weeds and grasses cut thereon in like manner during the growing season for weeds and grasses; provided, any weeds, grasses or other rank growth of vegetation growing in excess of 12 inches on any terrace shall be considered a violation of this section. In the event that the owner of the lot or parcel of land abutting said terrace within the municipality is a non-resident of the municipality or cannot be found therein, the notice may be given to any person having the care, custody or control of such lot or parcel of land. In the event that there can be found no one within the municipality to whom notice can be given, it shall be the duty of the Municipal Services Director or his or her agent to post a copy of the notice on the premises and then to cut or cause the weeds thereon to be cut as therein provided and report the cost thereof in writing to the governing body. The cost shall then be audited and paid by the municipality and the amount thereof shall be assessed against the lot or parcel of land as a special tax thereon and shall be collected as are other taxes of the municipality or may be recovered by civil suit brought by the municipality against the owner of the parcel of land. In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(2005 Code, § 8-106)
§ 8-106  SIGNS, AWNINGS AND CANOPIES.
   (A)   No person, firm or corporation shall erect, or maintain, any sign, signboard, poster, awning or rigid canopy over any street, sidewalk, alley or on other public property without having first obtained a permit therefor. Permits for signs, canopies, awnings, posters and signboards shall be issued by the Building Inspector, upon the payment of a fee set by resolution of the governing body. All signs, awnings and canopies extending over any public sidewalk, street, alley or other public place must be securely fastened and constructed so that there will be no danger of the same being dislodged by ordinary winds or falling from other causes. No sign, awning or canopy shall be erected or maintained which extends over any public sidewalk, street, alley or other public place in such a location as to obstruct the view of any traffic light, sign or signal. Upon the written order of the governing body, any person owning or occupying the premises where such a sign, awning, canopy, poster or signboard extends over public property, shall cause the same to be removed within the time limit specified on such notice.
(2005 Code, § 8-107)
   (B)   (1)   All awnings erected or allowed to remain over the sidewalk space shall be of approved material. All awnings, signs and canopies shall be elevated at least eight feet at their lowest part from the top of the public sidewalk and shall not project over the sidewalk to exceed three-fourths of the width thereof, nor any closer than three feet to the curb line of any street or alley.
      (2)   They shall be supported, without posts, by iron brackets or by an iron framework attached firmly to the building or other support, so as to leave the public property wholly unobstructed thereby.
(2005 Code, § 8-108)
§ 8-107  VEHICLES NOT TO BE DRIVEN OVER CURBS.
   No person shall drive, propel or haul any truck, tractor, motor vehicle, wagon or other vehicle over any curb in any street or alley within the city.
(2005 Code, § 8-109)
§ 8-108  OVERHANGING BRANCHES.
   (A)   The owner or occupant of any lot, piece or parcel of ground abutting or adjacent to any street, alley, sidewalk or public property over which there extends the branches of trees shall at all times keep the branches or limbs thereof trimmed to the height of at least eight feet above the surface of said walk and to a height of at least 12 feet above the surface of said streets and alleys.
   (B)   Whenever the limbs or branches of any tree or trees extend over streets or sidewalks contrary to the provisions herein or so as to interfere with the lighting of the street from street lights, or with the convenience of the public using said street or sidewalk, the city shall give notice to the owner or occupant by publication, or personal service ordering the owner or occupant to cut or remove said obstructions within five days after having received a copy thereof, stating that the municipality will remove said branches and charge the costs thereof to the owner or occupant as a special assessment for improvements as herein provided, if said notice is not complied with.
   (C)   In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(2005 Code, § 8-110)
ARTICLE 2: SIDEWALKS
Section
   8-201   Kept clean
   8-202   Snow removal; violations and penalties
   8-203   Beneath
   8-204   Maintenance
   8-205   Repair
   8-206   Construction by owner
   8-207   Municipal construction
   8-208   Certification of cost of work performed by city
   8-209   Construction bids
   8-210   Non-complying construction
§ 8-201  KEPT CLEAN.
   (A)   (1)   It shall be unlawful for the occupant of any lot or lots or the owner of any vacant lot or lots within the corporate limits to allow snow, sleet, mud, ice or other substance to accumulate on the sidewalks or to permit any snow, sleet, ice, mud or other substance to remain upon said sidewalk.
      (2)   All sidewalks shall be cleaned within 36 hours after the cessation of a storm.
      (3)   The snow placed on sidewalks by city snowplows is a natural result of clearing the streets and is the responsibility of the property owner or occupant to remove.
   (B)   Snow from sidewalks and driveways may not be placed on city streets with the following exceptions:
      (1)   By city employees in the performance of work related duties; or
      (2)   By downtown businesses located in an area from Railroad Street to 6th Avenue and from Grant Street to Garfield Street (commonly known as “downtown”) in an effort to establish a clearance for the conducting of business. Only snow from downtown sidewalks may be placed in city streets within 36 hours of the cessation of snowfall.
   (C)   Notice to remove such substances shall be made upon the owner or occupant of the premises, or his or her agent, and such notice shall demand the removal of such substances forthwith. If the person owning or occupying such premises is unknown or cannot be found, or if any reasonable service cannot be had upon any such owner, agent or occupant within the city, then such service shall be made by posting a typewritten copy of such notice in some conspicuous place on the premises. In case the owner, agent or occupant shall fail to remove the ice, snow, mud or other substances, then it shall be the duty of the Municipal Services Director to remove such substance, and the expense thereof shall be charged against the property and the owner thereof, and may be recovered by proper action in the name of the city or may be charged against the property as a special assessment for improvements.
(Ord. 2329, passed 2-15-2011)
§ 8-202  SNOW REMOVAL; VIOLATIONS AND PENALTIES.
   (A)   Each 24-hour period commencing with the declaration of a snow emergency shall be deemed to be a separate day. Every day or part thereof that any violation of any provision of this article shall continue beyond the first day shall constitute a separate offense and may be charged as a second or subsequent offense.
   (B)   Any person who shall violate any provisions of this article shall, upon conviction, be punished by a fine of at least $15 and not exceeding $100 if such violation be a first offense; or at least $25 and not exceeding $200 if such violation be a second offense and charged as such; or at least $35 and not exceeding $300 if such violation is a third or subsequent offense and charged as such; and, in addition thereto, shall pay the costs of prosecution.
   (C)   Any person who shall violate any provision of this article shall also, if his or her motor vehicle was removed by or at the request of the city, pay such charges for removal and storage as are from time to time set by resolution of the Mayor and Council of the city.
(Ord. 2329, passed 2-15-2011)
§ 8-203  BENEATH.
   (A)   No person shall be allowed to keep or use the space beneath the sidewalk lying between lot line and curb line unless said person shall maintain and keep in repair a sidewalk over such space used or constructed to be used and pay all damages that may be sustained by any person by reason of such use or by reason of said sidewalk being defective or in a dangerous condition.
   (B)   As a condition precedent to the continuance of any use of any space underneath the municipal sidewalks, the governing body may require applicant to furnish a bond to the municipality as obligee for the benefit of any person or persons who may suffer any damage or damages by reason of such use.
   (C)   The bond shall be in such sum as the governing body, in its discretion, may designate.
(Ord. 2329, passed 2-15-2011)
§ 8-204  MAINTENANCE.
   Every owner of any lot, lots or piece of land within the corporate limits shall at all times keep and maintain, for its entire width, the sidewalk along and contiguous to said lot, lots or pieces of land, as the case may be, in good and proper repair, in a condition reasonably safe for travel for all travelers thereon, and in compliance with the standards set by the city. In the event that the owner or owners of any lot, lots, or lands, abutting on any street, avenue or part thereof shall fail to construct or repair any sidewalk in front of his, her or their lot, lots or lands, within the time and in the manner as directed and required herein after having received due notice to do so, he, she or they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition of any sidewalk, and the governing body shall have power to cause any such sidewalks to be constructed or repaired and assess the costs thereof against such property. In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Ord. 2329, passed 2-15-2011)
§ 8-205  REPAIR.
   The Municipal Services Director or City Council may require sidewalks of the municipality to be repaired. Notice to the owners of property along and contiguous to any sidewalks in disrepair shall require said owners to make arrangements to have the sidewalk repaired. Said repairs shall be completed within 45 days after issuance of said notice. No special assessment shall be levied against the property unless said owner shall neglect or refuse to repair within the time prescribed and in the event that such owner fails to repair, the municipality shall cause the repairs to be made and assess the property owner the expense of such repairs. In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Ord. 2329, passed 2-15-2011)
§ 8-206  CONSTRUCTION BY OWNER.
   (A)   Any person desiring to construct, or cause to be constructed, any sidewalk shall do so only as herein provided. It shall be unlawful for any person to construct, reconstruct, repair or replace any sidewalk without first having obtained a permit.
   (B)   Said owner shall make application in writing for a permit and file such application in the office of the Building Inspector. The permit shall give a description of the lot, or piece of land along which the sidewalk is to be constructed. The Building Inspector shall issue the desired permit unless good cause shall appear why said permit should be denied; provided, if it is desired to construct the sidewalk at any other than the regularly prescribed width, location, grade, materials or elevation, as set by the City Engineer, the Building Inspector shall submit the application to the governing body who shall determine whether the permit should be granted or denied. It shall be unlawful for any person to construct, or cause to be constructed said sidewalk at any other width, location, grade, material or elevation than so designated by the municipality. All sidewalks shall be built and constructed according to the time requirements, grade and construction standards set by the Building Inspector.
(Ord. 2329, passed 2-15-2011)
§ 8-207  MUNICIPAL CONSTRUCTION.
   (A)   The governing body may, by resolution of three-fourths of its members, order the construction or widening of a sidewalk along and contiguous to any lot or piece of ground within the municipality. Notice of the governing body’s intention to construct said sidewalk shall be given by the Municipal Clerk by publication of notice one time in a legal newspaper of general circulation in the municipality. A copy of said notice shall be personally served upon the occupant in possession of such property, or, when personal service is not possible, said notice shall be posted upon such premises ten days prior to the commencement of construction. The notice required in this section shall be prepared by the Municipal Attorney in accordance with the provisions of this section. Such service shall include a form of return evidencing personal service or posting as herein required.
   (B)   (1)   Said notice shall notify the owner of the premises of the passage of the resolution ordering him to construct or cause to be constructed a sidewalk within 45 days after the date of publication; and, further that, if he or she fails to construct the sidewalk or cause the same to be done within the time allowed, the municipality will cause the sidewalk to be constructed and the cost thereof shall be levied and assessed as a special tax against the premises.
      (2)   In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Ord. 2329, passed 2-15-2011)
§ 8-208  CERTIFICATION OF COST OF WORK PERFORMED BY CITY.
   (A)   The Building Inspector shall certify to the City Council a detailed schedule of all sidewalks laid, widened or rebuilt, the cost of the same against each abutting premises and such other facts as may be necessary to enable it to make the proper levy; and, shall also certify to the City Council the acceptance of any sidewalk so improved, or any other action he or she has taken with reference thereto.
   (B)   The city, with the aid of the City Clerk and the Municipal Services Director, shall allocate the cost of sidewalk improvement to the adjoining lots or parcels of land and prepare all necessary data for assessment sheets.
(Ord. 2329, passed 2-15-2011)
§ 8-209  CONSTRUCTION BIDS.
   (A)   At the first regular meeting in each municipal year, or at any regular or special meeting of the Mayor and City Council, the City Clerk shall be instructed to advertise for bids to perform all work and furnish material necessary for laying sidewalks within the city as the Mayor and City Council may order laid during the municipal year. Such work shall be performed and material furnished strictly in accordance with the terms and provisions of this article.
   (B)   The contractor shall receive his or her compensation for such work and material from the assessments against the real estate abutting which the work is done, and shall accept, in full payment therefor, city warrants issued against such assessments.
   (C)   The contract for laying sidewalks ordered by the Mayor and City Council during the municipal year shall be let by the City Council to the lowest bidder, after advertising for such bids for ten days in a legal newspaper of general circulation in the city. The City Council shall, before letting such contract, have the Building Inspector make an estimate of the cost of such work. Such notice shall require bids per square foot for sidewalks constructed of concrete, including the performance of work and the furnishing of materials; provided that, where the work of sidewalk improvement does not exceed $20,000, advertisement for bids may be dispensed with and the Mayor and City Council may let sidewalk contracts to any person bidding within the amount of the estimate of the City Engineer or Municipal Services Director, who shall act as City Engineer for such purpose.
(Ord. 2329, passed 2-15-2011)
§ 8-210  NON-COMPLYING CONSTRUCTION.
   In case any property owner, under notice given or otherwise, shall construct a sidewalk in violation of this article, the Municipal Services Director or City Engineer may stop the work of such construction and order the same to be constructed in accordance with this article, and order the work already done to be changed. On the failure of such owner to change any such work, the Municipal Services Director shall change such work, and the expense of the same shall be assessed and taxed to the abutting property and collected as taxed, as provided by law.
(Ord. 2329, passed 2-15-2011)
ARTICLE 3: STREETS
Section
   8-301   Improvement districts; objections
   8-302   Petition for improvement district
   8-303   Widening or opening
   8-304   Excavations
   8-305   Construction, barricades and lights
   8-306   Driving stakes
   8-307   Mixing concrete
   8-308   Harmful liquids
   8-309   Interference with new paving and barricades
   8-310   Heavy equipment
   8-311   Load limits
   8-312   Pipe lines and wires
   8-313   Assessments; authorized
   8-314   Improvement of streets on corporate limits
§ 8-301  IMPROVEMENT DISTRICTS; OBJECTIONS.
   (A)   (1)   The Mayor and Council shall have power to make improvements of any street, streets, alley, alleys or any part of any street, streets, alley or alleys, in said city, a street which divides the city corporate area and the area adjoining the city, or within a county industrial area, as defined in Neb. RS 19-2501, contiguous to such city, and for that purpose to create suitable improvement districts, which shall be consecutively numbered; and such work shall be done under contract.
      (2)   Such districts may include properties within the corporate limits, adjoining the corporate limits and within county industrial areas, as defined in Neb. RS 19-2501, contiguous to such cities.
   (B)   Any paving district or other improvement district shall include only portions of different streets, or portions of town alleys, or portions of each, which abut or adjoin so that such district, when created, makes up one continuous or extended street or more; except that, the district may include a cul-de-sac, any street, alley or portion thereof which is closed at one end or which connects with only one other existing street, alley or portion thereof. Any paving or other improvement district may include portions of each; provided, they abut or connect with each other, or provided the several portions abut on pavement or gravel already laid, or any other of aforesaid improvements already laid.
   (C)   (1)   The Mayor and Council shall first, by ordinance, create a paving, graveling or other improvement district or districts.
      (2)   The Mayor and Clerk shall, after the passage, approval and publication of such ordinance, publish notice of the creation of any such district or districts one time each week for not less than 20 days in a daily or weekly newspaper of general circulation published in the city.
   (D)   (1)   If the owners of the record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extended thoroughfare or more street, cul-de-sac or alley of the district, or portion thereof which is closed at one end, and who were such owners at the time the ordinance creating the district was published, shall file with the City Clerk, within 20 days from the first publication of said notice, written objections to the improvement of a district, said work shall not be done in said district under said ordinance, but said ordinance shall be repealed.
      (2)   If objections are not filed against any district in the time and manner aforesaid, the Mayor and Council shall forthwith proceed to construct such improvement.
(2005 Code, § 8-301)
§ 8-302  PETITION FOR IMPROVEMENT DISTRICT.
   Whenever the owner of lots or lands abutting upon any street, avenue or alley within the city, representing three-fourths of the front footage thereon, so that such district when created will make up one continuous or extended thoroughfare or more, shall petition the Mayor and Council to make improvement of such street, avenue or alley, including intersections of streets or avenues and spaces opposite alleys, against the private property within such improvement district or districts, it shall be the duty of the Mayor and Council to create the proper improvement district or districts, which shall be consecutively numbered, and to improve the same and to proceed in the same manner and form as herein before provided for in other paving and improvement districts; provided, the Mayor and Council shall have power to levy the entire cost of such improvements of any such street, avenue or alley, including intersections of streets or avenues and spaces opposite alleys, against the private property within such district, and to issue street improvement bonds of said District to pay for such improvements in the same manner and form as provided by statute.
(2005 Code, § 8-302)
§ 8-303  WIDENING OR OPENING.
   The governing body shall have the power to open or widen any street, alley or lane within the limits of the municipality; to create, open and improve any new street, alley or lane; provided, all damages sustained shall be ascertained in such manner as shall be provided by statute.
(2005 Code, § 8-303)
§ 8-304  EXCAVATIONS.
   No person shall be allowed to make any excavation in any paved street or alley, or remove any paving or other material forming any street or alley improvement, without a permit from the Municipal Services Director, to be issued only upon the written application of the party desiring such permit. Such person shall maintain good and sufficient barricades, guards, lights and signals to protect the public from injury or loss. When required such applicant shall deposit with the City Clerk a sum sufficient to cover the cost of replacing any improvement so removed, and the Municipal Services Director and City Engineer shall cause such pavement to be replaced. After paying the expense thereof out of such deposit, the balance of the deposit remaining in the hands of the City Clerk, if any, shall be refunded to the applicant. When a deposit is not required the City Clerk shall cause to be collected the cost of said replacement from the applicant. All such cuts or excavations shall be made under the supervision of the City Engineer or the Municipal Services Director.
(2005 Code, § 8-304)
§ 8-305  CONSTRUCTION, BARRICADES AND LIGHTS.
   (A)   It shall be the duty of the owner, tenant, lessee or contractor during the construction of any building or improvement upon or near the line of any public street, highway, alley or sidewalk to have all excavations or exposures of any kind protected and guarded by suitable guards or barricades by day, and by warning lights at night.
   (B)   In case of the failure, neglect or refusal of such person to erect such guards and keep the street, highway or sidewalk well and securely guarded, the Municipal Services Director of the city may immediately stop all work upon such building or improvement until the guards are erected and kept in the manner required by this section.
(2005 Code, § 8-305)
§ 8-306  DRIVING STAKES.
   It shall be unlawful for any person to drive any peg or stake of any kind into the pavement in any street or alley without first procuring the written consent of the Municipal Services Director or City Engineer.
(2005 Code, § 8-306)
§ 8-307  MIXING CONCRETE.
   It shall be unlawful for any person to mix any concrete or plastering material directly on the street pavement for any reason whatsoever.
(2005 Code, § 8-307)
§ 8-308  HARMFUL LIQUIDS.
   It shall be unlawful for any person to place or permit to leak in the gutter of any street, waste gasoline, kerosene or high lubricating oils, which damage or act as a solvent upon said streets.
(2005 Code, § 8-308)
§ 8-309  INTERFERENCE WITH NEW PAVING AND BARRICADES.
   (A)   No person shall remove, destroy or tear down any barricade, fence, railing or other device erected or constructed for the purpose of protecting paving or any other work while in the course of construction or after it has been constructed on any of the streets, alleys or public grounds of the city.
   (B)   No person shall drive over or upon or go upon any paving or other public works in any of the streets, alleys or public grounds of the city while the same is protected by any barrier, fence or railing or until such barrier, fence or railing has been removed by the contractor in charge of such work or by the duly authorized officials of the city.
(2005 Code, § 8-309)
§ 8-310  HEAVY EQUIPMENT.
   It shall hereafter be unlawful for any person or person to move or operate heavy equipment across any curb, gutter, bridge, culvert, sidewalk, crosswalk or crossing on any unpaved street without first having protected such curb, gutter, bridge, culvert, sidewalks, crosswalk or crossing with heavy plank sufficient in strength to warrant against the breaking or damaging of such curb, gutter, bridge, culvert, sidewalk, crosswalk or crossing. Hereafter, it shall be unlawful to run, drive, move, operate or convey over or across any paved street a vehicle, machine or implement with sharp discs or sharp wheels that bear upon said pavement; with wheels having cutting edges; with wheels having lugs, any protruding parts or bolts thereon that extend beyond a plain tire so as to cut, mark, mar, indent or otherwise injure or damage any pavement, gutter or curb; provided, where heavy vehicles, structures and machines move along paved or unpaved streets the Municipal Police and Municipal Services Director are hereby authorized and empowered to choose the route over which the moving of such vehicles, structures or machines will be permitted and allowed. Nothing in this section shall be construed to apply to pneumatic tires with metal or metal-type studs not exceeding five-sixteenths of an inch in diameter inclusive of the stud-casting with an average protrusion beyond the tread surface of not more than seven sixty-fourths of an inch between October 1 and April 15; provided that, school buses and emergency vehicles shall be permitted to use metal or metal-type studs all year; it shall be permissible to use farm machinery with tires having protuberances which will not injure the streets. It shall be permissible to use a rubber tired crane with a fixed load when such vehicle is transported on a state highway or on any road within the corporate limits be transported has authorized a one-day permit for the transportation of the crane and specified the route to be used and the hours during which the crane can be transported, such vehicle is escorted by another vehicle or vehicles assigned by the municipality, and such vehicle’s gross weight does not exceed the limits set out in Neb. RS 60-6,294; and it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other condition tending to cause a vehicle to slide or skid.
(2005 Code, § 8-310)
§ 8-311  LOAD LIMITS.
   The governing body may, by resolution, prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles, for a total period not to exceed 90 days in any one calendar year, when operated upon any highway under the jurisdiction of and for the maintenance of which the city is responsible whenever any said highway by reason of deterioration, rain, snow or other climatic condition will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weight thereof reduced. The governing body shall erect or cause to be erected and maintained signs designating the provisions of the resolution at each end of that portion of any highway affected thereby, and the resolution shall not be effective until such signs are erected and maintained. The governing body may also, by resolution, prohibit the operation of trucks or other commercial vehicles, or impose limitations as to the weight thereof on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.
(2005 Code, § 8-311)
§ 8-312  PIPE LINES AND WIRES.
   Poles, wires, gas mains, pipe lines and other appurtenances of public service companies shall be located or erected over, upon or under the streets, alleys and common grounds of the municipality. Application for location of the above shall be made to the Municipal Services Director in writing. Approval by the Municipal Services Director shall be issued in writing. Any public service company granted a right-of-way for the erection and maintenance of poles, conduits, gas mains, pipe lines and wires shall at all times erect and locate their poles, wires, gas mains, pipe lines and other appurtenances at such places and in such manner as shall be designated by the Municipal Services Director. Such poles, wires, gas mains, pipe lines and other appurtenances shall be removed or relocated by said companies at their own expense when requested to do so by the Municipal Services Director. Any such relocation shall be ordered by the Municipal Services Director and the Municipal Clerk shall notify any and all companies affected. Said companies shall, within 24 hours after receiving notice, at their own expense, cause the poles, wires, gas mains, pipe lines or other appurtenances to be removed. The Municipal Services Director shall designate another location as closely as possible where said poles, wires, gas mains, pipe lines or other appurtenances, may be reset or placed. All poles, wires, gas mains, pipe lines or other appurtenances shall be reset, placed or erected in such a manner that they will not interfere with the water system; sewerage system; poles, wires and mains of any public utility; adjacent buildings; or with travel on the public ways and property. Whenever possible, all pole lines, wires, gas mains, pipe lines or appurtenances shall be confined to the alleys and easements of the municipality.
(2005 Code, § 8-312)
§ 8-313  ASSESSMENTS; AUTHORIZED.
   (A)   In order to defray the costs and expenses of improvements, the Mayor and Council shall have power and authority to levy and collect special taxes and assessments upon the lots and pieces of ground adjacent to or abutting upon the street, avenue, alley or sidewalk, thus in whole or in part improved or repaired or which may be specially benefitted by such improvements; provided, the above provisions shall not apply to ordinary repairs of streets or alleys, and the cost of such repair shall be paid out of the Street Fund; and the Mayor and Council are authorized to draw warrants against such Fund not to exceed 85% of the amount levied as soon as levy shall be made by the County Board.
(2005 Code, § 8-313)
   (B)   The cost of making such improvements of the streets and alleys within any street improvement district shall be assessed upon the lots and lands in such districts specially benefitted thereby in proportion to such benefits. The amounts thereof shall be determined by the Mayor and Council under the provisions of § 8-303 of this article. The assessment of the special tax for the cost of such improvements, except as provided in this section, shall be levied at one time and shall become delinquent in equal annual installments over such period of years, not to exceed 20, as the Mayor and City Council may determine at the time of making the levy, the first such installment to become delinquent in 50 days after the date of such levy. Each of said installments, including those for graveling and the construction and replacement of pedestrian walks, plazas, malls, landscaping, lighting systems and permanent facilities used in connection therewith as hereinafter provided, except the first, shall draw interest at a rate established by the Mayor and Council not exceeding the legal maximum rate from the time of the levy until the same shall become delinquent. After the same shall become delinquent, interest at a rate not exceeding the legal maximum shall be paid thereon. Should there be three or more of said installments delinquent and unpaid on the same property the Mayor and City Council may by resolution declare all future installments on such delinquent property to be due on a future fixed date. The resolution shall set forth the description of the property and the names of its record title owners and shall provide that all future installments shall become delinquent upon the date fixed. A copy of such resolution shall be published one time each week for not less than 20 days in a legal newspaper of general circulation published in the city and after the fixed date such future installments shall be deemed to be delinquent and the city may proceed to enforce and collect the total amount due and all future installments. As to assessments for graveling alone and without guttering or curbing, one-third of the total amount assessed against each lot or parcel of land shall become delinquent in 50 days after the date of the levy of the same, one-third in one year and one-third in two years.
(2005 Code, § 8-314)
§ 8-314  IMPROVEMENT OF STREETS ON CORPORATE LIMITS.
   (A)   The Mayor and Council shall have the power to improve any street or part thereof which divides the municipal corporate area and the area adjoining the municipality.
   (B)   When creating an improvement district including land adjacent to the municipality the Council shall have power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefitted thereby.
(2005 Code, § 8-315)
ARTICLE 4: CURB AND GUTTER
Section
   8-401   Sidewalk construction required at installation
   8-402   Cutting curb
§ 8-401  SIDEWALK CONSTRUCTION REQUIRED AT INSTALLATION.
   The provisions of § 11-1217(C) of this municipal code notwithstanding, any person constructing curbs and combination curbs and gutters and all paving, whether of concrete or other material, shall also provide for the construction of a sidewalk at the same time paralleling such curb, combination curb and gutter or paving and on the same side of the street as such curb or curb and gutter and on each side of such paving except that the Mayor and Council may waive this requirement when the abutting property is unplatted, undeveloped, agricultural and no public need is found to exist. This section shall not apply in cases where there is an existing sidewalk in place paralleling such curb, combination curb and gutter or paving and on the same side of the street as such curb or curb and gutter and on each side of such paving.
(2005 Code, § 8-401)
§ 8-402  CUTTING CURB.
   It shall be unlawful for any person to construct any driveway or to cut into any paving, curb or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the Building Inspector therefor. Before any person shall obtain a permit, he or she shall inform the Municipal Services Director of the place where such cutting or construction is to be done, and it shall be his or her duty to inspect the place of entry into the paving, sidewalk or curb, before the same is cut. When cutting into any paving or constructing any driveway, it shall be the duty of the party cutting the paving or constructing any driveway to do so in compliance with such rules and regulations as may be prescribed by the Municipal Services Director or the Municipal Engineer. When the applicant is ready to close the opening made, he or she shall inform the chief street official, who shall supervise, inspect and approve the materials used and the work done in closing the opening. It shall be discretionary with the governing body to order the Municipal Services Director under the supervision of the committee of the governing body on the streets and alleys, to do the work of cutting and/or closing the paving and charge the costs thereof to the party who obtained such permit. The governing body may consent to the work of cutting and closing the paving to be done by the party holding such permit. Before any permit is issued by the Building Inspector, the applicant for such permit shall when required deposit with the Municipal Clerk a sum set by resolution of the governing body for all paving, curb or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the municipality for the purpose of replacing the paving, curb or sidewalk, in the event the work is done by the municipality. In the event the municipality elects to require the applicant to replace the paving, curb or sidewalk, the deposit shall be retained by the municipality until the work is completed to the satisfaction of the Municipal Services Director or of the committee of the governing body on streets and alleys.
(2005 Code, § 8-402)
ARTICLE 5: BUILDING AND STREET NUMBERING
Section
   8-501   Numbering required
   8-502   Numbering system
   8-503   Type of numbers required
   8-504   Plat filed with Municipal Services Director
   8-505   Failure of property owner to maintain numbers
   8-506   Vacation of street or alley; abutting property; how treated
§ 8-501  NUMBERING REQUIRED.
   The owner of every building located on any street or avenue of the city shall number and cause to have placed in public view on each such building owned by him or her or under his or her control numbers in accordance with the plan of numbering provided for in this article.
(2005 Code, § 8-501)
§ 8-502  NUMBERING SYSTEM.
   (A)   For the purpose of numbering buildings in the city, it shall be divided into three sections as follows:
      (1)   All of that portion of the city lying north of the Burlington Northern R.R. track and east of Burlington Street shall be known as “Holdrege”;
      (2)   All of that portion of the city lying west of Burlington Street and north of the Burlington Northern R.R. shall be known as “West Holdrege”; and
      (3)   All of that portion of the city lying south of Burlington Northern R.R. shall be known as “South Holdrege”.
   (B)   (1)   For the purpose of numbering buildings on streets and avenues in South Holdrege, there shall be prefixed to the name of all streets or avenues running north and south, the word “South”. For the purpose of numbering houses on all streets in West Holdrege, the word “West” shall be prefixed to all streets running west from Burlington Street.
      (2)   All streets north of the Burlington Northern R.R. and running east and west shall be known by numbers and the name avenue shall be affixed thereto so that they will be known as First (1st) Avenue, Second (2nd) Avenue, Third (3rd) Avenue and the like. To distinguish the streets running east and west in South Holdrege from those lying north of the Burlington Northern R.R., those streets running east and west in South Holdrege shall be known as First (1st) Street, Second (2nd) Street, Third (3rd) Street and the like.
   (C)   For the purpose of numbering buildings facing on streets running north and south, such numbers shall begin at 100 on the north side of First (1st) Street, 200 on the north side of Second (2nd) Street, 300 on the north side of Third (3rd) Street and so on throughout the entire portion lying between First (1st) Street and the Burlington Northern R.R.
   (D)   For the purpose of numbering buildings facing on streets running east and west, such numbers shall begin with 100 at Burlington Street, 200 at the first street east of Burlington Street and so on until the eastern limit of the city is reached, and for the purpose of numbering houses in West Holdrege, facing on streets running east and west, the numbers shall begin with 100 on the west side of Burlington Street, 200 on the west side of the next street west of Burlington Street and so on.
   (E)   (1)   Each block or fractional block fronting upon a street or avenue shall have 50 numbers, commencing with the number 100 in the first block, 200 in the second block and so continuing with consecutive one-hundreds. The even numbers shall be placed on the right-hand side and the odd numbers on the left-hand side, with reference to the point of the commencing number.
      (2)   When opposite blocks are of different lengths, the numbers on the short block shall run in conformity to the numbers on the longer blocks opposite, and when blocks or fractional blocks or lots face upon or against the rear of any street the numbers of such lots or blocks shall continue to the further line of the street against which they face, and from that point the numbering shall be in conformity with the block opposite.
   (F)   Every street frontage of 25 feet shall constitute a lot for the purpose of numbering the buildings in the city. Each building having more that 25 feet frontage shall be numbered with the number to which the lot is entitled and in case a frontage of 25 feet shall have more than one building, one building shall be numbered with the number specified for that lot and the additional building shall be given the same number, adding one-half thereto.
(2005 Code, § 8-502)
§ 8-503  TYPE OF NUMBERS REQUIRED.
   The figures used for the numbering of buildings shall not be less than two inches in height by one inch in width, shall be legible and shall be made of metal or some other durable material.
(2005 Code, § 8-503)
§ 8-504  PLAT FILED WITH MUNICIPAL SERVICES DIRECTOR.
   It shall be the duty of the City Clerk to file in the office of the Municipal Services Director (MSD) a plat showing the streets and the numbers required under this article and whenever a plat is filed as an addition to the city, the City Clerk shall file a copy of such plat with the MSD showing the numbers as required under this article.
(2005 Code, § 8-504)
§ 8-505  FAILURE OF PROPERTY OWNER TO MAINTAIN NUMBERS.
   If the owner or person having control of any building required to be numbered shall fail or neglect to have the same numbered in accordance with the provisions of this article within 30 days after the City Clerk shall designate the number each lot is entitled to, or shall fail or neglect to maintain such number, for the space of ten days, then the same shall be numbered by the city and the expense taxed against the property as a special assessment.
(2005 Code, § 8-505)
§ 8-506  VACATION OF STREET OR ALLEY; ABUTTING PROPERTY; HOW TREATED.
   (A)   Upon the vacation of any street or alley by the city, the title to such property shall vest in the owners of the abutting property and become a part of such property, one-half on each side thereof, unless the city reserves title in the ordinance vacating such street or alley. If title is retained by the city, such property may be sold, conveyed, exchanged or leased upon such terms and conditions as shall be deemed in the best interests of the city.
   (B)   When a portion of a street or alley is vacated only on one side of the center thereof, the title to such property shall vest in the owner of the abutting property and become part of such property unless the city reserves title in the ordinance vacating a portion of such street or alley. If title is retained by the city, such property may be sold, conveyed, exchanged or leased upon such terms and conditions as shall be deemed in the best interests of the city.
   (C)   When the city vacates all or any portion of a street or alley, the city shall, within 30 days after the effective date of the vacation, file a certified copy of the vacating ordinance with the Register of Deeds for the county in which the vacated property is located to be indexed against all affected lots.
   (D)   The title to property vacated pursuant to this section shall be subject to the following:
      (1)   There is reserved to the city the right to maintain, operate, repair and renew public utilities existing at the time title to the property is vacated there; and
      (2)   There is reserved to the city, any public utilities and any cable television systems the right to maintain, repair, renew and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on or below the surface of the ground that are existing as valid easements at the time title to the property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times.
(2005 Code, § 8-506)
ARTICLE 6: TRANSPORTATION OF RADIOACTIVE MATERIALS
Section
   8-601   Purpose
   8-602   Definitions
   8-603   Permit required
   8-604   Notice
   8-605   Issuance of permit
   8-606   Permitted routes
   8-607   Violation; penalty
§ 8-601  PURPOSE.
   The purpose of this article is to provide minimum standards and regulations ensuring the safe shipment and transportation of radioactive materials through the city.
(2005 Code, § 8-601)
§ 8-602  DEFINITIONS.
   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in present tense include the future, words used in the plural number include the singular. The word “shall” is always mandatory.
   CURIE. An expression of the quantity of radiation in terms of the number of atoms which disintegrate per second; a CURIE is that quantity of radioactive materials which decays such that 37,000,000,000 atoms disintegrate per second.
   LARGE QUANTITY RADIOACTIVE MATERIALS. A quantity the aggregate radioactivity of which exceeds that specified in 10 C.F.R. part 71, entitled “Packaging of Radioactive Material for Transport”, § 71.4(f).
   MILLICURIE. One-thousandth of a curie.
   MOTOR VEHICLE. Any vehicle defined as such in § 5-101 of this municipal code.
   PERSON. Any individual, partnership or corporation engaged in the transportation of passengers or property, as common, contract or private carrier, or freight forwarder, as those terms are used in the Interstate Commerce Act, amended.
   RADIOACTIVE MATERIAL. Any material, or combination of materials, which spontaneously emits ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material, and in which the radioactivity is essentially uniformly distributed, are not considered to be RADIOACTIVE MATERIALS.
(2005 Code, § 8-602)
§ 8-603  PERMIT REQUIRED.
   (A)   A permit issued by the Director of Municipal Services or his or her designated representative shall be required for the shipping or transportation of the following radioactive materials by motor vehicle into, around the perimeter of, within, through or out of the city:
      (1)   Plutonium isotopes in any quantity and form exceeding two grams or 20 curies, whichever is less;
      (2)   Uranium-enriched in the isotope U-235 exceeding two grams or 20 curies, whichever is less;
      (3)   Uranium-enriched in the isotope U-235 exceeding 25 atomic percent of the total uranium content in quantities where the U-235 content exceeds one kilogram;
      (4)   Any elements where atomic number 89 or greater, the activity of which exceeds 20 curies;
      (5)   Spent reactor fuel elements or mixed fission products associated with such fuel elements, the activity of which exceeds 20 curies;
      (6)   Large quantity radioactive materials;
      (7)   Any quantity, arrangement and packaging combination of fissile material specified by the United States Nuclear Regulatory Commission;
      (8)   Commission as a Fissile Class III shipment in 10 C.F.R. part 71, entitled “Packaging of Radioactive Materials for Transport”, § 71.4(d) (3); and
      (9)   Any shipment or transportation of radioactive material that is required by the appropriate regulating agency to be accompanied by an escort for safety reasons.
   (B)   This section shall not apply to radioactive materials shipped or transported by or for the United States Government for military or security purposes or which are related to national defense.
(2005 Code, § 8-603)
§ 8-604  NOTICE.
   When those radioactive materials requiring a permit as specified in this article are to be shipped or transported into, within, through or out of the city, the shipper or carrier, or other person otherwise responsible, shall first notify the Director of Municipal Services or his or her designated representative, in a form provided two weeks prior to the date of shipment. The form shall include the date of shipment, type and quantity of radioactive materials involved, method of transportation, route, starting point, destination and such other information as the Director of Municipal Services or his or her designated representative may reasonably require. Any information which cannot be supplied two weeks prior to shipment or transportation shall be supplied promptly by the person responsible for such shipment or transportation when such information becomes available to him or her. Nothing herein shall be construed as requiring the disclosure of any defense information or restricted data as defined in the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974, as amended.
(2005 Code, § 8-604)
§ 8-605  ISSUANCE OF PERMIT.
   The Director of Municipal Services, or his or her designated representative, shall not issue a permit to any person for this shipment or transportation of those radioactive materials specified in this article, unless:
   (A)   There is a showing that the radioactive material has been or will be containerized and packaged, and all warning labels affixed to the outer container holding the radioactive material and the motor vehicle transporting such material, in conformity with the regulations of the United States Nuclear Regulatory Commission or other related federal or state agencies regardless of whether the shipment is being made intracity, intrastate or interstate; and
   (B)   There is a showing that the shipment or transportation of radioactive materials is necessitated by urgent public policy or national security interests transcending public safety and health concerns of the city. For the purposes of this section:
      (1)   An “urgent public policy” shall include medical and educational interests; and
      (2)   An “urgent public policy” shall not include interests other than medical and educational interests, unless expressly authorized in writing by the United States Department of Transportation, or by any other appropriate federal or state agency which may be required by the Director of Municipal Services or his or her designated representative. Such authorization shall state that the particular interest involved is, in the opinion of the agency, permitted by federal or state regulations pertaining to the shipment or transportation of radioactive materials, and that the interest involved justifies the apparent risks resulting from such shipment or transportation.
(2005 Code, § 8-605)
§ 8-606  PERMITTED ROUTES.
   Radioactive materials which are permitted to be shipped or transferred through the city pursuant to this article shall be shipped or transported over such route or routes, or at such time or times of the day, consistent with the public health, safety and welfare and the convenience of the shipper or carrier, as the Director of Municipal Services or his or her designated representative may direct.
(2005 Code, § 8-606)
§ 8-607  VIOLATION; PENALTY.
   Any person who violates any of the prohibitions or provisions of this article shall be deemed guilty of a misdemeanor. The penalty for such violation shall be any amount not to exceed $1,000 and/or imprisonment for any length of time not to exceed three months, in the discretion of the Court.
(2005 Code, § 8-607)
ARTICLE 7: TREES
Section
   8-701   Definitions
   8-702   Tree Board; creation and establishment; term of office; compensation; duties and responsibilities; operation
   8-703   Street species to be planted
   8-704   Spacing
   8-705   Distance from curb and sidewalk
   8-706   Distance from street corners and fireplugs
   8-707   Utilities
   8-708   Public tree care
   8-709   Topping
   8-710   Pruning, corner clearance
   8-711   Dead or diseased tree removal on private property
   8-712   Removal of stumps
   8-713   Interference with City Tree Board
   8-714   License and bond
   8-715   Review by City Council
Cross-reference:
   Municipal Property, see Ch. 11, Art. 1
   Sidewalks, see Ch. 11, Art. 2
   Street, see Ch. 11, Art. 3
§ 8-701  DEFINITIONS.
   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
   PARK TREES. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
   STREET TREES. Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the city.
(2005 Code, § 8-701)
§ 8-702  TREE BOARD; CREATION AND ESTABLISHMENT; TERM OF OFFICE; COMPENSATION; DUTIES AND RESPONSIBILITIES; OPERATION.
   (A)   There is hereby created and established a City Tree Board for the city, which shall consist of five members, citizens and residents of the city, who shall be appointed by the Mayor with the approval of the Council.
(2005 Code, § 8-702)
   (B)   The term of the six persons to be appointed by the Mayor shall be three years; except that, the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
(2005 Code, § 8-703)
   (C)   Members of the Board shall serve without compensation.
(2005 Code, § 8-704)
   (D)   (1)   It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and, upon its acceptance and approval, shall constitute the official comprehensive city tree plan for the city. The Board, when requested by the City Council, shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its work.
      (2)   The Municipal Services Director is the official representative of the Tree Board and as such is responsible for administration of the Community Forestry Program.
(2005 Code, § 8-705)
   (E)   The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(2005 Code, § 8-706)
§ 8-703  STREET SPECIES TO BE PLANTED.
   (A)   No species other than those included in this list may be planted as street trees without written permission of the city’s Tree Board.
   (B)   The following list constitutes the official street tree species for the city:
      (1)   Small trees: apricot, crabapple (flowering), golden rain tree, hawthorne, bradford pear, redbud, soapberry, Japanese lilac, flowering peach, purpleleaf plum, serviceberry; and
      (2)   Medium trees: green ash, hackberry, honeylocust (thornless), linden or basswood, red mulberry (fruitless male), English oak, red oak, Japanese pagodatree, pecan, birch river, osageorange, (male, thornless), persimmon, white poplar, sassafras; and
      (3)   Large trees: Kentucky coffeetree, silver maple, sugar maple, bur oak, sycamore, Sycamore London plantree, cottonwood (cottonless male).
(2005 Code, § 8-707)
§ 8-704  SPACING.
   The spacing of street trees will be in accordance with the three species size classes listed in § 8-707 of this article, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.
(2005 Code, § 8-708)
§ 8-705  DISTANCE FROM CURB AND SIDEWALK.
   The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed in § 8-703 of this article, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
(2005 Code, § 8-709)
§ 8-706  DISTANCE FROM STREET CORNERS AND FIREPLUGS.
   (A)   No street tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines.
   (B)   No street tree shall be planted closer than ten feet of any fireplug.
(2005 Code, § 8-710)
§ 8-707  UTILITIES.
   No street trees other than those species listed as small trees in § 8-703 of this article may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(2005 Code, § 8-711)
§ 8-708  PUBLIC TREE CARE.
   (A)   The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure the public safety, construct or maintain public utilities or to preserve or enhance the symmetry and beauty of such public grounds. The city’s Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.
   (B)   This section does not prohibit the planting, pruning or removal of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with this article. It shall be unlawful, however, for any adjacent property owner to plant or remove any street tree without first obtaining a permit from the Municipal Services Director.
(2005 Code, § 8-712)
§ 8-709  TOPPING.
   It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, are exempted from this article.
(2005 Code, § 8-713)
§ 8-710  PRUNING, CORNER CLEARANCE.
   (A)   Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the sidewalk and a height of at least 12 feet above the surface of the street. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, interferes with any utility wire or device or interferes with visibility of any traffic-control device or sign.
   (B)   Street trees shall be kept trimmed by the abutting property owner at least two feet back from all curbs, sidewalks, driveways or alleys. The same shall at all times be kept trimmed to a height that would not constitute a hazard to pedestrians or vehicular traffic.
(2005 Code, § 8-714)
§ 8-711  DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY.
   The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The city’s Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees, transmit a statement of the cost of such work to the governing body, which is authorized to levy the cost as special assessment against the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.
(2005 Code, § 8-715)
§ 8-712  REMOVAL OF STUMPS.
   All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(2005 Code, § 8-716)
§ 8-713  INTERFERENCE WITH CITY TREE BOARD.
   It shall be unlawful for any person to prevent, delay or interfere with the city’s Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds, as authorized in this article.
(2005 Code, § 8-717)
§ 8-714  LICENSE AND BOND.
   (A)   It shall be unlawful for any person or firm who charges for his, her or their service to engage in the business or occupation of pruning, treating or removing street or park trees within the city without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that, no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors.
   (B)   Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the city of any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(2005 Code, § 8-718)
§ 8-715  REVIEW BY CITY COUNCIL.
   The City Council shall have the right to review the conduct, acts and decisions of the city’s Tree Board. Any person may appeal from any ruling or order of the city’s Tree Board to the City Council who may hear the matter and make a final decision.
(2005 Code, § 8-719)
ARTICLE 8: PENAL PROVISION
Section
   8-801   Violation; penalty
§ 8-801  VIOLATION; PENALTY.
   Any person who violates any of the prohibitions or provisions of any article or section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular article or section for which the person stands convicted of violating, the penalty for such violation shall be in any amount not to exceed $300 in the discretion of the court.
(2005 Code, § 8-801)