CHAPTER 135

 

STREET USE AND MAINTENANCE

 

135.01  Removal of Warning Devices                                                    135.07  Washing Vehicles

135.02  Obstructing or Defacing                                                            135.08  Burning Prohibited

135.03  Placing Debris On                                                                      135.09  Excavations

135.04  Playing In                                                                                  135.10  Maintenance of Parking or Terrace

135.05  Traveling on Barricaded Street or Alley                                   135.11  Failure to Maintain Parking or Terrace

135.06  Use for Business Purposes                                                          135.12  Dumping of Snow

135.13 Driveway Culverts

135.01     REMOVAL OF WARNING DEVICES.  It is unlawful for a person to willfully remove, throw down, destroy or carry away from any street or alley any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said street or alley without the consent of the person in control thereof.

(Code of Iowa, Sec. 716.1)

135.02     OBSTRUCTING OR DEFACING.  It is unlawful for any person to obstruct, deface, or injure any street or alley in any manner.

(Code of Iowa, Sec. 716.1)

135.03     PLACING DEBRIS ON.  It is unlawful for any person to throw or deposit on any street or alley any glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, leaves, grass or any other debris likely to be washed into the storm sewer and clog the storm sewer, or any substance likely to injure any person, animal or vehicle.

(Code of Iowa, Sec. 321.369)

135.04     PLAYING IN.  It is unlawful for any person to coast, sled, or play games on streets or alleys, except in the areas blocked off by the City for such purposes. (Code of Iowa, Sec. 364.12[2])

135.05     TRAVELING ON BARRICADED STREET OR ALLEY.  It is unlawful for any person to travel or operate any vehicle on any street or alley temporarily closed by barricades, lights, signs, or flares placed thereon by the authority or permission of any City official, police officer or member of the fire department.

135.06     USE FOR BUSINESS PURPOSES.  It is unlawful to park, store or place, temporarily or permanently, any machinery or junk or any other goods, wares, and merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or offering same for sale, without permission of the Council.

135.07     WASHING VEHICLES.  It is unlawful for any persons to use any public sidewalk, street, or alley for the purpose of washing or cleaning any automobile, truck equipment, or any vehicle of any kind when such work is done for hire or as a business. This does not prevent any person from washing or cleaning his or her own vehicle or equipment when it is awfully parked in the street or alley.

135.08     BURNING PROHIBITED.  No person shall burn any trash, leaves, rubbish or other combustible material in any curb and gutter or on any paved or surfaced street or alley.

135.09     EXCAVATIONS.  No persons shall dig, excavate or in any manner disturb any street, parking, alley or ditch unless such person first obtains permission therefore as hereinafter provided:

1.      Application.  Before such permission is granted, the person shall file with the city a written application. The application shall contain the following;

A.      An exact description of the property, by lot and street number, in front of or along which it is desires to excavate;

B.      A statement of the purpose, for whom and by whom the excavation is to be made;

C.      The person responsible for the refilling of said excavation and restoration of the street, alley or ditch surface; and

D.      Date of commencement of the work and estimated completion date.

2.      Public Convenience.  Streets and alleys shall be opened in the manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter or ditch on the street.

3.      Barricades, Fencing and Lighting.  Adequate barricades, fencing and warning lights meeting standards specified by the City shall be so placed as to protect the public from hazard. Any costs incurred by the City in providing or maintaining adequate barricades, fencing or warning lights shall be paid to the City by the applicant/property owner.

4.      Insurance required.  Each applicant shall file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the permit covering the applicant and all agents and employees for the following amounts.

A.      Bodily Injury - $50,000.00 per person; $100,000.00 per accident

B.      Property Damage - $50,000.00 per accident.

5.      Restoration of Public Property.  Streets, sidewalks, alleys and other public property disturbed in the course of the work shall be restored to the condition of the property prior to the commencement of the work, or in a manner satisfactory to the City, at the expense of the applicant/property owner.

6.      Inspection.  All work shall be subject to inspection by the City. Backfill shall not be deemed completed, nor resurfacing of any improved street or alley surface begun, until such backfill is inspected and approved by the City. The applicant/property owner shall provide the City with notice at least twenty-four (24) hours prior to the time when inspection of backfill is desired.

7.      Completion by the City.  Should any excavation in any street, alley or ditch be discontinued or left open and unfinished for a period of twenty-four (24) hours after the approved completion date, or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expense therefor to the applicant/property owner.

8.      Responsibility  for Costs.  All costs and expenses incident to the excavation shall be borne by the applicant and/or property owner. The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.

9.      Permission Fee.  A permission fee of five hundred dollars ($500.00) for pavement, two hundred fifty dollars ($250.00) for seal coat, and one hundred dollars ($100.00) for rock shall be payable at the time of filing the application with the City. Separate permission shall be required for each excavation.

10.   Permission Granted.  Upon approval and payment of any required fees, permission shall be granted.
(Ord. 01-166 – Jan 02 Supp.)         (Ord. 04-183 – Jan 11 Supp.)

135.10     MAINTENANCE OF PARKING OR TERRACE.  It shall be the responsibility of  the abutting property owner to maintain all property outside the lot and property lines and inside the curb lines upon the public streets, except that the abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. Maintenance includes timely mowing, trimming trees and shrubs and picking up litter.
(Code of Iowa, Sec. 364.12[2c])

135.11     FAILURE TO MAINTAIN PARKING OR TERRACE.  If the abutting property owner does not perform an action required under the above section within a reasonable time, the City may perform the required action and assess the cost against the abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2e])

135.12     DUMPING OF SNOW.  It is unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; except where, in the cleaning of large commercial drives in the business district it is absolutely necessary to move the snow onto the street or alley temporarily, such accumulation shall be removed promptly by the property owner or agent.  Arrangements for the prompt removal of such accumulations shall be made prior to moving the snow.

(Code of Iowa, Sec. 364.12 [2])

135.13           DRIVEWAY CULVERTS.  The City shall furnish and install one twenty (20) foot culvert to each property where deemed necessary by the City. In the event that a property owner desires to have a larger or additional culvert installed, the property owner shall provide the necessary materials and the additional culvert will be installed by the City.  In the event repairs are needed at any time with respect to culverts, it shall be the responsibility of the property owner to make such repairs, and, in the event the owner fails to do so, the City shall have the right to make the repairs. If the property owner fails to reimburse the City for the cost of said repairs, the cost shall be certified to the County Treasurer and specially assessed against the property as by law provided.

         (Ord. 01-167 – Jan. 02 Supp.)



CHAPTER 136

SIDEWALK REGULATIONS

136.01 Purpose                                                                       136.10 Failure to Repair or Barricade

136.02 Definitions                                                                   136.11 Interference with Sidewalk Improvements

136.03 Removal of Snow, Ice and Accumulations                 136.12 Awnings

136.04 Responsibility for Maintenance                                  136.13 Encroaching Steps

136.05 City May Order Repairs                                            136.14 Openings and Enclosures

136.06 Sidewalk Construction Ordered                                 136.15 Fires or Fuel on Sidewalks

136.07 Permission Required                                                   136.16 Defacing

136.08 Sidewalk Standards                                                    136.17 Debris on Sidewalks

136.09 Barricades and Warning Lights                                 136.18 Merchandise Display

                                                                                                136.19 Sales Stands

 136.01     PURPOSE.  The purpose of this chapter is to enhance safe passage by citizens on sidewalks, to place the responsibility for maintenance, repair, replacement or reconstruction of sidewalks upon the abutting property owner and to minimize the liability of the City.

136.02     DEFINITIONS.    For use in this chapter the following terms are defined;

“Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening.
“Established grade” means that grade established by the City for the particular area in which a sidewalk is to be constructed.
“One-course construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.
“Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes “owner” includes lessee, if any.
“Portland cement” means any type of cement except bituminous cement.
“Sidewalk” means all permanent public walks in business and residential or suburban areas.
“Sidewalk improvements” means the construction, reconstruction, repair, replacement, or removal, of a public sidewalk and/or the excavating, filling, or depositing of materials in a public right-of-way in connection therewith.
“Wood float finish” means a sidewalk finish that is made by a smoothing the surface of the sidewalk with a wooden trowel.

136.03     REMOVAL OF SNOW, ICE AND ACCUMULATIONS.  It is the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks.  If a property owner does not remove snow, ice or accumulations within a reasonable time, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2b&e])

136.04     RESPONSIBILITY FOR MAINTENANCE.  It is the responsibility of the abutting property owners to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.
(Code of Iowa, Sec.364.12[2c])

136.05     CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2d & e])

136.06     SIDEWALK CONSTRUCTION ORDERED.  The Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the costs of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.
(Code of Iowa, Sec. 384.38)

136.07     PERMISSION REQUIRED. No person shall remove, reconstruct or install a sidewalk unless such person has obtained permission from the City and has agreed in writing that said removal, reconstruction or installation will comply with all ordinances and requirements of the City for such work.

136.08     SIDEWALK STANDARDS. Sidewalks repaired, replaced or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:

1.                  Cement. Portland cement shall be the only cement used in the construction and repair of sidewalks.

2.                  Construction. Sidewalks shall be of one-course construction.

3.                  Sidewalk Base. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a three (3) inch sub-base of compact, clean, coarse gravel, sand, or cinders shall be laid. The adequacy of the soil drainage is to be determined by the City.

4.                  Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.

5.                  Length, Width and Depth. Length, width and depth requirements are as follows:

A.    Residential sidewalks shall be at least three (3) feet wide and three and one-half (3½) inches thick, and each section shall be no more than six (6) feet in length.

B.     Business district sidewalks shall extend from the property line to the curb. Each section shall be three and one-half (3½) inches thick and no more than six (6) feet in length.

C.     Driveway areas shall be not less than six (6) inches in thickness.

6.                  Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) on the property line, unless the Council establishes a different distance due to special circumstances.

7.                  Grade. Curb tops shall be on level with the centerline of the street which shall be on the established grade.

8.                  Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at the curb or not less than one-half (½) inch above the curb for each foot between the curb and the sidewalk.

9.                  Slope. All sidewalks shall slope one-quarter (¼) inch per foot toward the curb.

10.              Finish. All sidewalks shall be finished with a “broom” or “wood float” finish.

11.              Ramps for Persons with Disabilities. There shall be not less than two (2) curb cuts or ramps per lineal block which shall be located on or near the crosswalks at intersections. Each curb cut or ramp shall be at least thirty (30) inches wide, shall be sloped at not greater than one inch of rise per twelve (12) inches lineal distance, except that a slope no greater than one inch of rise per eight (8) inches lineal distance may be used where necessary, shall have a nonskid surface, and shall otherwise be so constructed as to allow reasonable access to the crosswalk for persons with disabilities using the sidewalk.  (Ord. 97-142 – Jan. 02 Supp.)

136.09     BARRICADES AND WARNING LIGHTS. Whenever any material of any kind is deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the contractor or the owner, agent, or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved warning lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any purposes specified in this chapter shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this chapter or of any failure to comply with provisions hereof.

136.10     FAILURE TO REPAIR OR BARRICADE. It is the duty of the owner of the property abutting the sidewalk, or the owner’s contractor or agent, to notify the City immediately in the event of failure or inability to make necessary sidewalk improvements or to install or erect necessary barricades as required by this chapter.

136.11     INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall knowingly or willingly drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar, remove or deface any notice provided by this chapter.

136.12     AWNINGS. It is unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least eight (8) feet above the surface of the sidewalk and the roof or covering is made of duck, canvas, or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.

136.13     ENCROACHING STEPS. It is unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of the Council.

136.14     OPENINGS AND ENCLOSURES. It is unlawful for a person to:

1.      Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the Council.

2.      Openings. Keep open any cellar door, grating or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public.

3.      Protect Openings. Neglect to properly protect or barricade all openings on or within six (6) feet of any sidewalk.

136.15     FIRES OR FUELS ON SIDEWALKS. It is unlawful for a person to make a fire of any kind on any sidewalk or to place or allow any fuel to remain upon any sidewalk.

136.16     DEFACING.  It is unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.
(Code of Iowa, Sec. 716.1)

136.17     DEBRIS ON SIDEWALKS.  It is unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottles, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any substance likely to injure any person, animal or vehicle.
(Code of Iowa, Sec. 364.12 [2])

136.18     MERCHANDISE DISPLAY.  It is unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere with the free and interrupted passage of pedestrians on the sidewalk; in no case shall more than three (3) feet of the sidewalk next to a building be occupied for such purposes.

136.19     SALES STANDS.  It is unlawful for a person to erect or keep any vending machine or stand for the sale of fruit, vegetables or any other substance or commodities on any sidewalk without first obtaining a written permit from the Council.


CHAPTER 137

VACATION AND DISPOSAL OF STREETS

137.01 Power to Vacate                                                         137.03 Findings Required

137.02 Notice of Vacation Hearing                                       137.04 Disposal of Vacated Streets or Alleys

                                                                                                137.05 Disposal by Gift Limited

137.01    POWER TO VACATE.  When, in the judgment of the Council, it would be in the best  interest of the City to vacate a street, alley, portion thereof or any public grounds, the Council may do so by ordinance in accordance with the provisions of this chapter.

(Code of Iowa, Sec. 364.12 [2a])

137.02    NOTICE OF VACATION HEARING.  The Council shall cause to be published a notice of public hearing of the time at which the proposal to vacate shall be considered.

137.03    FINDINGS REQUIRED.  No street, alley, portion thereof or any public grounds shall be vacated unless the Council finds that:

1.      Public use. The street, alley, portion thereof or any public ground proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.

2.      Abutting Property. The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.

137.04    DISPOSAL OF VACATED STREETS OR ALLEYS.  When in the judgment of the Council it would be in the best interest of the City to dispose of a vacated street or alley, portion thereof or public ground, the Council  may do so in accordance with the provisions of Section 364.7, Code of Iowa.
(Code of Iowa, Sec. 364.7)

137.05    DISPOSAL BY GIFT LIMITED. The City may not dispose of real property by gift except to a government body for a public purpose.
(Code of Iowa, Sec. 364.7 [3])


CHAPTER 138

STREET GRADES

138.01  Established Grades                                                    138.02  Record Management

138.01       ESTABLISHED GRADES.  The grades of all streets, alleys and sidewalks, which have been heretofore established by ordinance are hereby confirmed, ratified and established as official grades.

138.02       RECORD MAINTAINED.  The Clerk shall maintain a record of all established grades and furnish information concerning such grades upon request.


CHAPTER 140

CONTROLLED ACCESS FACILITIES

140.01  Exercise of Police Power                                            140.04  Access Controls Imposed

140.02  Definition                                                                    140.05  Speed Limits

140.03  Unlawful Use of Controlled Access Facility                               140.06  Parking Required

140.01    EXERCISE OF POLICE POWER.  This chapter shall be deemed an exercise of the police power of the City under Chapter 306A, Code of Iowa, for the preservation of the public peace, health, safety and for the promotion of the general welfare.
(Code of Iowa, Sec. 306A.1)

140.02    DEFINITION.  The term “controlled access facility” means a highway or street especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air or view by reason of the fact that their property abuts upon such controlled access facility or for any other reason.

140.03    UNLAWFUL USE OF CONTROLLED ACCESS FACILITY.  It is unlawful for any person to:

(Code of Iowa, Sec. 306A.3)

Cross Dividing Line.  Drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on such controlled access facilities.

Turns.  Make a left turn or a semicircle or U-turn except through an opening provided for that purpose in the dividing curb section, separation or line.

Use of Lanes.  Drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section or line.

140.4       ACCESS CONTROLS IMPOSED.  There are hereby fixed and established controlled access facilities within the City, described as follows:
(Code of Iowa, Sec. 306A.3)

Project No. F-150.  On the primary Road System extension improvement, Project No. F-150, Primary Road No. Iowa 55, within the City described as follows.

Beginning at the intersection of Wall Street and Fifth Street, thence north

On Fifth Street to the north corporation line.

          Regulating access to and from Fifth Street. Points of access are hereby permitted

       along said highway and street as follows:

140.5       SPEED LIMITS.  The maximum speed limits on said projects are hereby established as follows:

1.         Northbound:  55 mph from Sta. 22+84.7 to Sta. 36+15

2.         Southbound: 45 mph from Sta. 36+15 to Sta. 22+84.7


140.6       PARKING RESTRICTIONS. Parking is prohibited on Fifth Street beginning at the intersection of Wall Street and Fifth Street to the north corporate line.