§ 152.01 DUTY TO CONTROL DUST.
   No person, firm or corporation shall disturb the surface of the soil upon any land within the city for the purpose of excavation or grading or building construction without first providing the adequate dust control upon the site as follows:
   (A)   It shall be the duty of any person, firm or corporation to provide water trucks in sufficient numbers to maintain a stable soil surface, free from blowing dust and sand during the duration of the grading work.
   (B)   Upon completion of the grading work the surface shall be treated or stabilized in the following manner acceptable to the city:
      (1)   A portable sprinkler system installed and maintained in operation until the surface of the soil has been found to be permanently stabilized.
      (2)   Planting of grass or other ground cover acceptable to the city and continuously watered until such grass or ground cover has reached a sufficient height and density to maintain the soil; and/or
      (3)   The contiguous operation of water trucks to keep the soil wet and stable. A soil bonding agent may be required for sandy soils.
   (C)   It shall be the duty of any person, firm or corporation engaged in any construction which requires a permit from the city to provide for the control of dust until all construction has been completed and the surface of the soil has been found to be permanently stabilized. The dust control shall be provided as follows:
      (1)   A portable sprinkler system shall be installed and maintained operable around the perimeter of the construction site.
      (2)   Either water trucks or additional sprinkler systems shall be operated through the interior of the construction site including streets and utility excavations.
      (3)   Dust control means as specified in division (C)(1) and (2) shall be maintained operable at all times throughout the duration of the construction project until the surface of the soil has been found to be permanently stabilized and acceptable to the city.
('61 Code, § 17B.1) (Ord. 904, passed - - ) Penalty, see § 152.99