339.12 HAULING EARTH OVER STREETS; DEPOSIT REQUIRED.
   (a)   No person shall transport or haul earth, by truck or trailer, over the streets of the City without having first deposited a cash bond in the sum of two hundred dollars ($200.00) with the Auditor.
   (b)   Upon the completion of the particular hauling project, such deposit shall be refunded to the person at such time as the earth that has been spilled upon the streets has been removed by such person.
   (c)   Upon the failure of any such person to remove such earth, the Street Foreman shall remove such earth and deduct the cost thereof from the deposit on file with the Auditor, and refund any balance to the person making the deposit.
   (d)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.