(a) No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, loaded, or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand or other substance may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.
(b) Except for a farm vehicle used to transport agricultural produce or agricultural production materials or a rubbish vehicle in the process of acquiring its load, no vehicle loaded with garbage, swill, cans, bottles, waste paper, ashes, refuse, trash, rubbish, waste, wire, paper, cartons, boxes, glass, solid waste or any other material of an unsanitary nature that is susceptible to blowing or bouncing from a moving vehicle shall be driven or moved on any highway unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the highway.
(c) No person shall operate any vehicle so as to track or drop mud, stones, gravel or other similar material on any street, highway or other public place.
(Ord. 1988-68. Passed 7-25-88.)
(d) It shall be the duty of the property owner, his employees, agents, contractors and subcontractors to assure compliance with Section 339.08(c) and the owner shall remove, or cause to be removed, any mud, stones, gravel, obstruction or similar material upon notice from the City.
(Ord. 1999-43. Passed 4-26-99.)
(e) (1) The owner of real property being developed and/or the developer, together with any contractor and/or subcontractors on the development site; shall be jointly and severally responsible for maintaining the condition of the public right of way at or near the ingress and egress points or location(s) utilized by said owner, developer, contractor or subcontractor as a means of ingress or egress to public rights of way.
(2) The owner, developer, contractor and subcontractor shall maintain all rights of way accessing, abutting or adjacent to the right of way, at or near their construction site, in repair and free from nuisance, debris and mud.
(3) To assure compliance with the provisions hereof either the owner or the developer of a commercial, business or industrial development site shall post a cash bond or irrevocable letter of credit on the City’s approved form in the amount of two thousand five hundred dollars ($2,500) and the owner or developer of a residential dwelling unit shall post a cash bond or irrevocable letter of credit on the City’s approved form in the amount of five hundred dollars ($500.00) per unit, subject to a maximum of two thousand five hundred dollars ($2,500) for all units, each to be held as a guaranty of his, her, their or its covenant to keep the public right of way free from nuisance, debris, and mud.
(4) In the event of the breach of the owner’s, developer’s, contractor’s or subcontractor’s duty under Section 339.08 and 311.01, the cash bond or letter of credit may be drawn upon by the City at such time and in such amount as the Service Director may approve, which draw shall be utilized to remove any mud, stone, gravel, similar material or debris from any street, highway, or other public place. Upon written demand by the Service Director, and within no more than ten days, the owner or developer shall replenish the original amount of the bond.
(5) Failure to post the bond, or to deposit funds as required, may result in revocation of the authority to build previously granted by the City.
(Ord. 2000-179. Passed 11-27-00.)
(f) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.99)