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§ 152.008 PROHIBITED OBSTRUCTIONS.
   (A)   It shall be unlawful for any person to obstruct or encumber, by fences, gates, buildings, structures or otherwise, any of the streets, alleys or sidewalks.
   (B)   The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property permits or suffers to remain on any premises owned or controlled by him or her any hedge, shrubbery, bush or similar growth within two feet adjacent to the lot line, whether there is a sidewalk abutting or adjoining the premises or not. It shall be the duty of owners and occupants to at all times keep trimmed and pruned all such similar growth.
   (C)   Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property, or wholly upon the abutting property, and interfering with the use, making or construction of any public improvement or so that the roots thereof interfere with any utility wire or pipe shall be deemed an obstruction. Such trees and shrubs and their roots may be removed by the city at the expense of the owner of the property upon which the trees or shrubs are partially or wholly located if the owner fails or neglects, after notice, to do so.
   (D)   When any obstruction described in this section is determined to exist, the city may proceed against the owner or occupant of the property adjacent to the sidewalk space as provided in § 91.16.
Penalty, see § 152.999
§ 152.009 TREES IN SIDEWALK SPACE.
   (A)   No person shall plant any tree or allow any tree to grow within the sidewalk space without first making a written or verbal application to and receiving a written permit from the Street Commissioner upon payment of the fee, if any, established by the City Council.
   (B)   Any tree planted within the sidewalk space after the adoption of this prohibition shall be deemed to be unlawfully planted and growing and may be determined to be a nuisance. Nothing in this section shall be construed to apply to any trees growing within the sidewalk space prior to the adoption of this prohibition.
   (C)   When any such tree is determined to be a nuisance, the city may proceed against the owner or occupant of the property adjacent to the sidewalk space as provided in § 91.16.
Penalty, see § 152.999
§ 152.010 OVERHANGING BRANCHES.
   (A)   The owner or occupant of any lot, piece or parcel of ground abutting or adjacent to any street or sidewalk over which there extend the branches of trees shall at all times keep the branches or limbs thereof trimmed to the height of at least eight feet above the surface of the walk and at least 14 feet above the surface of the street or to the heights otherwise specified by the City Council.
   (B)   Whenever the branches or limbs of any tree extend over streets or sidewalks contrary to such provisions so as to interfere with the lighting of the street from street lights or with the convenience of the public using the street or sidewalk, the city may proceed against the owner or occupant of the property abutting or adjacent to the street or sidewalk as provided in § 91.16.
Penalty, see § 152.999
§ 152.011 SIGNS AND CANOPIES.
   (A)   No person shall erect or maintain any sign, signboard, poster or rigid canopy over any street, sidewalk or alley or on other public property without having first obtained a permit therefor. Permits for signs, signboards, posters and canopies shall be issued by the City Clerk, subject to the approval of the Street Commissioner, upon the payment of the fee, if any, established by the City Council.
   (B)   All signs, signboards, posters and canopies extending over any public sidewalk, street, alley or other public place must be securely fastened and constructed so that there will be no danger of the them being dislodged by ordinary winds or falling from other causes.
   (C)   No sign, signboard, poster or canopy shall be erected or maintained which extends over any public sidewalk, street, alley or other public place in such a location as to obstruct the view of any traffic light, sign or signal.
   (D)   Upon a determination that a sign, signboard, poster or canopy is in violation of this section, the city may proceed against the owner or occupant of the premises where such the sign, signboard, poster or canopy is located as provided in § 91.16.
Penalty, see § 152.999
§ 152.012 CUTTING INTO PAVING, CURB OR SIDEWALK.
   (A)   It shall be unlawful for any person to cut into any paving, curb or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the City Council. Before any person obtains a permit, he or she shall inform the City Clerk of the place where such cutting is to be done and it shall be the duty of the Street Commissioner to inspect the proposed place of entry into the paving, sidewalk or curb.
   (B)   When cutting into any paving, curb or sidewalk, it shall be the duty of the party to comply with such rules and regulations as may be prescribed by the Council or the City Engineer. When the applicant is ready to close the opening made, he or she shall inform the Street Commissioner, who shall supervise and inspect the materials used and the work done in closing the opening.
   (C)   It shall be discretionary with the Council to order the Street Commissioner, under the supervision and inspection of the City Engineer or the committee of the Council on the streets and alleys, to do the cutting and closing of the paving, curb or sidewalk and charge the costs thereof to the party who obtained the permit. The Council may consent to the cutting and closing of the paving, curb or sidewalk by the party holding the permit.
   (D)   Before any permit is issued by the Council, the applicant for the permit shall deposit with the City Treasurer a sum set by resolution of the Council for all paving, curb or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the city for the purpose of replacing the paving, curb or sidewalk in the event the work is done by the city. If the Board elects to require the applicant to replace the paving, curb or sidewalk, the deposit shall be retained by the city until the work is completed to the satisfaction of the Street Commissioner or of the committee of the Council on streets and alleys.
   (E)   In addition to making the deposit, the applicant shall, before any permit is issued, execute a bond to the city with a good and sufficient surety to be approved by the Council in a sum set by resolution.
Penalty, see § 152.999
§ 152.013 HEAVY EQUIPMENT.
   (A)   It shall be unlawful for any person to move or operate heavy equipment across any curb, gutter, bridge, culvert, sidewalk, crosswalk or crossing on any unpaved street without first having protected such curb, gutter, bridge, culvert, sidewalks, crosswalk or crossing with heavy plank sufficient in strength to warrant against the breaking or damaging of such curb, gutter, bridge, culvert, sidewalk, crosswalk or crossing.
   (B)   Except as provided in § 71.008, it shall be unlawful to run, drive, move, operate or convey over or across any paved street a vehicle, machine or implement with sharp discs or sharp wheels that bear upon the pavement; with wheels having cutting edges; with wheels having lugs, any protruding parts or bolts thereon that extend beyond a plain tire so as to cut, mark, mar, indent or otherwise injure or damage any pavement, gutter or curb, except that where heavy vehicles, structures and machines move along paved or unpaved streets the city is hereby authorized and empowered to choose the route over which the moving of such vehicles, structures or machines will be permitted and allowed.
Penalty, see § 152.999
SALE AND ACQUISITION OF PROPERTY; PUBLIC WORKS
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