339.12 DIRT OR OTHER DEBRIS ON PAVED STREETS.
   (a)   No person, partnership, or corporation shall cause or permit dirt, gravel, concrete, or other debris to be deposited on paved streets by reason of equipment operation, spillage from trucks, or any other means. Each 24-hour period during which said material shall remain on said streets shall constitute a separate violation of this section.
   (b)   Any person, partnership, or corporation intending to haul dirt, gravel, concrete or other debris on the paved streets of the City; to excavate in, under, or near any paved street; or to operate or move any earth-moving equipment on or near any paved street, shall give reasonable notice of such intention to the City Manager or his duly authorized agent. On receipt of such notice, the City Manager shall, within a reasonable time thereafter, determine whether such intended activity is reasonably likely to result in the deposit of dirt, gravel, concrete, or other debris on paved streets, giving due consideration to the type of activity intended, the proximity to paved streets of such activity, and the type and quantity of such material to be involved. On such determination, the City Manager shall further determine, after giving due consideration to the aforementioned factors, the reasonable cost to the City to remove such dirt, gravel, concrete or other debris from the said paved streets at reasonable intervals of not less than 24 hours during the duration of such activity. The person, partnership, or corporation shall then post bond in said amount, in cash or by sufficient surety, payable to the City, to insure removal of such material from the paved streets at such intervals. When such activity is concluded by the person, partnership, or corporation, the reasonable cost of any removal of such material performed by the City, at a frequency of no more than once in any 24-hour period, during the duration of such activity, shall be paid to the City out of the cash bond or by the surety, and the balance of the bond amount shall be refunded, or the surety discharged to the extent of the balance.
   (c)   As used in this section, “paved streets” means streets having a concrete, macadam, or blacktop surface, and includes streets in subdivisions under development which drain into City storm sewers but are not yet accepted by the City.
   (d)   Penalty. Whoever fails to post the bond required by (b) above, or violates (a) above shall be guilty of a minor misdemeanor.
(Ord. 1972-33. Passed 7-25-72.)