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The public works director and city engineer, as appointed by the mayor and city council in accordance with the prescribed policies and ordinances of the city, or their designees, shall be empowered and authorized to enforce the provisions of this code that pertain to streets and sidewalks. It shall be the duty of the public works director to consult with and follow the direction and advice of the mayor and city council and follow the policies of the city to maintain all streets, alleys and highways within the city, as well as to perform other duties as assigned. (Ord. 3605, 11-28-1988)
A. Coasting:
1. Toy Vehicles: No person shall coast down, in or upon the streets in the city upon or in any wagon, tricycle, roller skates or any other non-motor propelled devices, other than bicycles, except in the manner and under and upon the conditions set out in subsection A3 of this section.
2. Motor Vehicles On Sidewalks: No person shall coast down, in or upon the public sidewalks in the city upon or in a motor propelled vehicle of any kind.
3. Play Streets; Exceptions: No person shall coast down, in or upon the streets or public sidewalks in the city upon or in any sled, coaster wagon or scooter, except that coasting with sleds, coaster wagons or scooters shall be permitted on certain streets so designated and closed by the police department, and the police department shall specify and designate such street or streets following a conference and agreement with the leisure services department, and all such coasting so permitted shall be under the supervision of the leisure services department. All coasting may be thereafter prohibited and the streets closed to coasting by the police department, if, in the opinion of the police department or the captain of traffic thereof, that the coasting constitutes a nuisance or hazard.
B. Snow And Ice Removal:
1. Transfer Of Snow And Ice From Private Property: No person shall transfer or cause to be transferred any snow or ice from private property onto public property in the city.
2. Removal From Sidewalks: It shall be the responsibility of the abutting property owner(s) to remove accumulations of two inches (2") or more of snow and ice from the sidewalks.
a. Within twenty four (24) hours in downtown, business districts, or a three (3) block radius of schools and hospital areas.
b. Within forty eight (48) hours in residential neighborhoods.
c. If another snow event occurs, the time frame will not be reset.
3. Removal Not Reasonable: In the event that snow or ice cannot be reasonably removed, the owner will put on the sidewalk, sand or other abrasive material in such an amount and manner to make foot traffic reasonably safe. The owner will maintain that condition until the weather permits the removal of the snow or ice.
C. Injurious Materials:
1. No person shall throw or deposit upon any street, alley or sidewalk in the city, any glass, glass bottles, nails, tacks, wire, cans or any other substance likely to injure any person, animal or tires, or other part of a vehicle, using the street, alley or sidewalk.
2. Any person who drops or permits to be dropped or thrown upon any street, alley or sidewalk of the city, any destructive or injurious material, shall immediately remove the material, or cause it to be removed.
3. Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from the vehicle.
D. Public Meetings On Public Ways: It shall be unlawful for any person to hold a public meeting of any character or description upon any street, alley or avenue of the city, or in any public park thereof, without permission, or for any persons to congregate about or upon any street, avenue or alley of the city so as to obstruct the highways of the city, except that public meetings may be held on the streets of the city and in the public parks by written permission granted by the mayor, which permit shall designate the character of the meeting, the place it is to be held, and under whose charge, but no such meeting shall be held in a manner or way calculated to obstruct or interfere with public travel on highways of the city, and any person violating any provision hereof shall be deemed guilty of an offense.
E. Dropping Petroleum On Pavement: No person shall allow any gasoline, kerosene or oil of any character to be deposited upon any pavement, or to drip from any vehicle, tank, or vessel upon any pavement within the city.
F. Rubbish On Pavement: No person shall deposit or cause to be deposited any dirt, ashes, or rubbish of any kind or character on any pavement within the city.
G. Conducting Roof And Surface Water Onto Public Ways: It shall be unlawful for any person to so construct drainage pipes from the roofs of abutting property or otherwise permit in any way the surface water or water from the roofs of buildings erected on abutting property to flow upon the sidewalk or into the street.
H. Fishing From Certain Bridges: No person shall fish off the Park Avenue Bridge, the First Street Bridge, the Fourth Street Bridge, the Fifth Street Bridge or the Eleventh Street Bridge in the city, and any person violating the provisions of this subsection shall be guilty of an offense.
I. Fires On Paved Streets: No person shall burn any rubbish or build any fire upon any paved street in the city.
J. Operation Of Vehicles Which Damage Streets: No person shall move or cause to be moved any vehicle over the streets or bridges of the city when the vehicle is so constructed that the pavement, oiled street or bridge shall be injured by its use thereon. (Rev. Ord., Comp. 1941: 1173, p. S-2; amd. 1185, p. S-6; 1187, p. S-8; 1189, p. S-10; 1530, p. S-30; 1633, p. G-7; 1913, p. S-12a; 1914, p. C-2; 1979, p. F-12; Ord. 3626, 3-13-1989; Ord. 3649, 6-5-1989; Ord. 5108, 3-26-2012)
Any person who places any obstruction in any public street, alley or avenue in the city, whether by placing building material, leaving vehicles loaded or unloaded, or any thing which amounts to an obstruction, or any object dangerous to public travel, or takes up any sidewalk, or makes any excavation in any public street, alley or avenue, whether with or without a permit from the proper authorities, shall properly guard the obstruction or excavation, by placing a suitable barrier around it, and, in every case, at night or between sunset and sunrise, shall place at each end and at the outer limits of the obstruction or excavation, suitable warning lights which shall be kept burning between the hours of sunset and sunrise, on each day in which the obstruction or excavation remains in any street, alley or avenue, and all building permits shall require such lighting. Any person violating any provision hereof shall be deemed guilty of an offense, and shall be liable to any person injured by reason of the improperly guarded obstruction, and shall be liable to the city for any damages sustained by it or any judgment rendered against it by reason of the same. (Rev. Ord. 1190, Comp. 1941, p. S-11)
Notes
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A. No driveway shall be constructed or used across any street curbing, parking or sidewalk in the city, nor shall any access be provided from private property onto any minor or major arterial as identified in the adopted transportation and/or street plan for the city without first obtaining a permit from the city engineer; the application for the permit shall be filed, in writing, with the city engineer, who shall approve or disapprove the permit.
B. The recommendation of the city engineer shall be based upon one or more of the following criteria:
1. In the case of existing lots of record platted on or before the effective date of this section, curb cuts and/or access shall not be provided onto any minor or major arterial, or onto any street for which access has been restricted during the review of the final plat and deed of dedication by the Planning, Programming and Zoning Commission and the City Council.
2. In the case of double frontage lots, reversed frontage lots or corner lots, as defined in the City zoning ordinance, access shall be allowed onto only one street in conformance with subsection B1 of this section. Access from double frontage lots, corner lots or reversed frontage lots which front onto major or minor arterials and a local street shall be limited to the street with the least vehicular traffic. The City Engineer may waive this provision in the event that the lot fronts onto one or more one-way street(s).
3. In cases where a lot fronts on two (2) streets, neither of which is minor or major arterial, the City Engineer shall determine where access will be allowed based upon an analysis of amount and speed of traffic on both streets.
C. Upon a permit being issued by the City Engineer to make a curb cut, no driveway shall be constructed except according to plans and specifications approved by the City Engineer.
D. Nothing in this section shall be construed to affect driveways constructed or in use on or before the effective date of this section.
E. Any driveway constructed or used in violation of any of the terms of this section shall be deemed a nuisance, and the City shall have the power to order its abatement; and any person violating any of the provisions of this section shall be deemed guilty of an offense.
F. All new driveway applications and driveway repair applications shall be accompanied by a permit fee in an amount set by resolution of the City Council and collected by the City Engineer's Office. Work performed by the City shall not require a permit fee.
G. Any applicant who is aggrieved by the action of the City Engineer may appeal the decision to the City Council; however, the City Council shall not make a decision until a report regarding the request is received from the Planning, Programming and Zoning Commission. The appeal must be made in writing to the Mayor and City Council within seven (7) days of the denial of the permit. The report from the Planning, Programming and Zoning Commission shall be submitted to the City Council within fourteen (14) days of notice of the appeal.
H. Any person constructing driveways and/or curb cuts within the City must first file a right-of-way construction bond with the City Clerk in the sum of fifteen thousand dollars ($15,000.00). This subsection does not apply to City employees working in an official capacity, Waterloo water works, City contracts, or City franchise agreements. The application for such construction must be approved by the City Council and conditioned upon the fulfillment of the following:
1. Faithful performance of all duties and regulations required by this chapter;
2. Faithful performance of every curb cut specification on file in the City Engineer's Office, and/or any provision of this Code or other City ordinance regulating the construction, reconstruction or repair of curb cuts within the City;
3. Prompt payment to the City of any sums that may become due for any reason or under this chapter;
4. Prompt payment of all fines imposed upon said person for a violation of this chapter, which violations occur during the life of the bond; and
5. Upon indemnifying and keeping the City harmless from any liability arising from said person's constructing or reconstructing curb cuts within the City. (Rev. Ord. 113, Comp. 1941, p. C-4; amd. Ord. 2878, 4-18-1977; Ord. 3058, 10-15-1979; Ord. 3774, 3-11-1991; Ord. 3777, 3-25-1991; Ord. 5386, 2-6-2017)
The City shall pay for and install all street signs on public and private streets located within the City, when such street sign is ordered by the City Council or the Street Department. This section shall also include private street signs in mobile home parks. (Ord. 2844, 9-27-1976)
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