Chapter 12-04


12-04-010    Space use permit.

12-04-020    Permit application.

12-04-030    Bond with application.

12-04-040    Conveyance of permit.

12-04-050    Space use fee.

12-04-060    Interference with utilities.

12-04-070    Space area reinforcement.

12-04-080    Sureties on bond.

12-04-090    Permit revocation.

12-04-100    Posts, erection of.

12-04-110    Sales on sidewalks.

12-04-120    Refuse—Sweepings.

12-04-130    Sweeping into street.

12-04-140    Care of sweepings.

12-04-150    Violation—Penalty.

12-04-010 Space use permit.

No person shall use any space underneath the surface of any street or public ground without first obtaining a permit so to do from the clerk upon direction of the council. No such permit shall be issued, except as hereinafter provided, and no such permit shall be transferred or assigned, nor shall any right or privilege thereunder be transferred or assigned without consent of the council. (Prior code § 4-1-1)

12-04-020 Permit application.

Application for such permit shall be made in writing to the council stating specifically the location of the space desired, its length, breadth and depth, the use intended to be made thereof, and the structure to be built therein. (Prior code § 4-1-2)

12-04-030 Bond with application.

Every applicant for such permit shall file with his application his bond in the penal sum of ten thousand dollars ($10,000.00) with surety or sureties to be approved by the council and such bond shall be conditioned that the person to whom such permit shall be issued, his heirs, successors and assigns, will save and keep the city harmless from any and all loss or damage or claim of damage, arising from or out of the use of the space or structure therein mentioned; and for the maintenance of the street, alley or other public space or sidewalk over such space as the case may be in such condition that said surface over such space shall at all times after said structure is complete be safe for public use; and for the full and complete protection of the city against any and all litigation growing out of the granting of such permit or anything done under such permit and for the prompt payment of all compensation due the city; and for the faithful performance of all terms and conditions contained in this code. (Prior code § 4-1-3)

12-04-040 Conveyance of permit.

If the owner having a permit to use the space beneath any public sidewalk, street, or public property conveys his interest in said property to another, he shall immediately notify the clerk and such conveyance shall annul all privilege to use said space, provided the new owner may apply for a license to use said space. Failure to notify the clerk of such conveyance shall be deemed a misdemeanor. (Prior code § 4-1-4)

12-04-050 Space use fee.

Anyone using said space or spaces shall pay in advance to the city, one dollar ($1.00) per year for each ten square feet or less of surface beneath which there is occupancy and use. (Prior code § 4-1-5)

12-04-060 Interference with utilities.

No person shall use such space in such a manner as to interfere with the proper use of water pipes, gas pipes or electric conduits in said space. (Prior code § 4-1-6)

12-04-070 Space area reinforcement.

All such underground spaces shall be boxed in with reinforced concrete of specification to be approved by the council. No such concrete wall shall be closer than two feet to the street curb. The sidewalk, street or public property over said underground space shall be reinforced concrete. All manholes, doors and openings in said surface shall be of specifications approved by the council. (Prior code § 4-1-7)

12-04-080 Sureties on bond.

The council shall require a new bond whenever the surety or sureties on the original bond become questionable. (Prior code § 4-1-8)

12-04-090 Permit revocation.

Upon failure to comply with any of the provisions in this chapter, the council shall revoke the permit to use such underground space and upon failure of the holder of said permit to fill in said space within ten days, the city shall do so at his expense. (Prior code § 4-1-9)

12-04-100 Posts, erection of.

No person shall erect a post or electric light pole or fixture upon any public street, curb, parkway or sidewalk except when granted permission so to do by the council in official meeting assembled. (Prior code § 4-1-10)

12-04-110 Sales on sidewalks.

It is declared to be unlawful to display merchandise of any nature whatsoever for sale upon the sidewalks, streets or any place outside the premises covered by any business license issued under the provisions of this code. (Prior code § 8-6-1)

12-04-120 Refuse—Sweepings.

It is declared to be unlawful for any person to sweep onto or in any other manner deposit upon the sidewalks or streets any dirt, waste, trash or other refuse from the interior of any premises or building. (Prior code § 8-6-2)

12-04-130 Sweeping into street.

It is unlawful for any person to sweep the sidewalks clear of dirt, waste papers or other refuse, or to sweep the same from any sidewalk into a street. (Prior code § 8-6-3)

12-04-140 Care of sweepings.

It is unlawful for any person to deposit or place in any alley any trash, loose papers or other refuse of any kind except in covered receptacles, which receptacles shall be covered in such a way that the contents thereof cannot be blown or carried away by the wind. (Prior code § 8-6-4)

12-04-150 Violation—Penalty.

Any person erecting a post or electric light pole or fixture upon any public street, curb or parkway, or sidewalk without such permission shall be deemed guilty of a misdemeanor, and unless such pole, post or electric light pole is removed, and the street curb, parkway or sidewalk is put in good repair within forty-eight (48) hours after notice by the council or the superintendent of public works so to do, it shall be removed at the expense of the party erecting the same. (Ord. 2910 § 5 (Par. 9 (part)), 1995: prior code § 4-1-11)