A. Prohibited Acts:
1. Harmful Substances: No person shall throw or deposit upon any public street, road or highway any glass, bottles, nails, scrap metal, wire, landscaping material, leaves, cans, garbage, refuse, tar, sealcoat, mud, clay, soil, gravel, rock, stone, sand or other substance or material that could potentially: a) cause injury to any person or damage to any vehicle upon such road or highway, b) negatively impact the permeability of a permeable pavement road surface, c) negatively alter the appearance of the road surface, or d) pollute stormwater runoff.
2. Snow And Ice: No person shall throw, blow, shovel or plow ice or snow onto any public street or public way or onto any sidewalk, or onto any other public place that could create a potential hazard to vehicular traffic or a potential danger to pedestrians.
3. Materials Deposited From Vehicles And Trailers: No person shall permit soil, mud, clay, rock, tar, sealcoat or similar materials accumulated on a vehicle or trailer under their direct control to be deposited on any public street, road or highway that could potentially: a) create a hazard to vehicular traffic, bicyclists, or pedestrians, b) negatively impact the permeability of a permeable pavement road surface, or c) pollute stormwater runoff.
B. Duty To Reimburse: It shall be unlawful for any party, individual, or corporation responsible for depositing materials on a permeable pavement street in violation of subsection A of this section to fail to reimburse the City, within sixty (60) days after the mailing of an invoice for the proper and professional cleanup of said illegal deposits. The City shall be reimbursed for all cleanup costs incurred by the City, including any costs associated with having a private contractor assist in the cleanup at the request of the City. An additional charge of twenty five percent (25%) shall be added to any private contractor invoices to cover City administrative and executive services. If City equipment is used to properly remove illegal deposits and clean the permeable pavement roadway, the reimbursement fee for said work will be calculated as follows:
1. One hundred fifty dollars ($150.00) per hour per piece of City equipment (i.e., Bobcat, street sweeper, etc.) used to respond to the incident (a 1 hour minimum shall apply); plus
2. Seventy five dollars ($75.00) per hour per City public works employee that responds to the incident. A one hour minimum per employee shall apply. (Ord. 2499, 4-6-2009)
C. Authorization: Notwithstanding the foregoing, City improvements as well as other emergency depositing of materials may be authorized by the Public Works Superintendent, Director of Community and Economic Development or his/her designee. (Ord. 2499, 4-6-2009; amd. Ord. O2018-10, 3-19-2018)
D. Penalty: In addition to the payment of any outstanding fees, any person violating the provisions of this section shall be subject to the general penalty provisions set forth at section 1-4-1 of this Code. (Ord. 2499, 4-6-2009)