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.

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

   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.

   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.

   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.

   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.

   It is unlawful for any person 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 their own vehicle or equipment when it is lawfully parked in the street or alley.

   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.

   No person shall dig, excavate, or in any manner disturb any street, parking, or alley except in accordance with the following:

   1.   Permit Required. No excavation shall be commenced without first obtaining a permit. A written application for such permit shall be filed with the City and shall contain the following:

      A.   An exact description of the property, by lot and street number, in front of or along which it is desired 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 or alley 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 that will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street.

   3.   Barricades, Fencing, and Lighting. Adequate barricades, fencing, and warning lights meeting The Manual of Uniform Traffic Control Devices for Streets and Highways and OSHA standards 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 permit holder or property owner.

   4.   Bond Required. The applicant shall post with the City a penal bond in the minimum sum of $25,000.00 issued by a surety company authorized to issue such bonds in the State. The bond shall guarantee the permittee’s payment for any damage done to the City or to public property, and payment of all costs incurred by the City in the course of administration of this section. In lieu of a surety bond, a cash deposit of $25,000.00 may be filed with the City.

   5.   Insurance Required. Each applicant shall also 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 minimum amounts:

      A.   General Liability - $1,000,000.00.

      B.   General Aggregate - $2,000,000.00.

      C.   Commercial Umbrella - $5,000,000.00.

      D.   Pollution or Professional - $1,000,000.00.

   6.   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 permit holder or property owner.

   7.   Inspection. All work shall be subject to inspection by the City. Backfill shall not be deemed completed, and no resurfacing of any improved street or alley surface shall begin, until such backfill is inspected and approved by the City. The permit holder or property owner shall provide the City with notice at least 24 hours prior to the time when inspection of backfill is desired.

   8.   Completion by the City. Should any excavation in any street or alley be discontinued or left open and unfinished for a period of 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 expenses for such work to the permit holder or property owner.

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

   10.   Notification. At least 48 hours prior to the commencement of the excavation, excluding Saturdays, Sundays, and legal holidays, the person performing the excavation shall contact the Statewide Notification Center and provide the center with the information required under Section 480.4 of the Code of Iowa.

   11.   Permit Fee. A permit fee, as established in the Engineering Schedule of Fees, shall be payable at the time of filing the application with the City. A separate permit shall be required for each excavation.

   12.   Permit Issued. Upon approval of the application and filing of bond and insurance certificate, a permit shall be issued. A separate permit shall be required for each excavation.

   1.   The abutting property owner shall maintain all property outside the lot and property lines and inside the curb lines upon public streets and shall keep such area in a safe condition, free from nuisances, obstructions, and hazards. In the absence of a curb, such property shall extend from the property line to that portion of the public street used or improved for vehicular purposes. 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, but is not limited to, timely mowing, trimming trees and shrubs, and picking up litter and debris. Specifically, but not by way of the proceeding, the property owner shall maintain all grass areas or approved vegetative ground cover in the public right-of-way to a height or length not to exceed six inches, except as otherwise specifically allowed in this section. The abutting property owner may be liable for damages caused by failure to maintain the publicly owned property or right-of-way.

      A.   Interfere with the ability of individuals to freely enter or exit their vehicles from or onto the public parking;

      B.   Interfere with the ability of motorists to see vehicles or pedestrians on the public right-of-way, including the public sidewalk or trail; or

      C.   Interfere with the use, maintenance of utilities, or drainage of the right-of-way, all as determined by the Public Works Superintendent.

   3.   The term “vegetative ground cover” means a ground cover that does not grow higher than six inches and is of a species approved by the Public Works Superintendent. The term “permitted plantings” means nonwoody, thornless plantings. The term “approved landscape materials” means permeable landscape materials such as pebbles, wood chips, or such other permeable materials as are approved from time to time by the Public Works Superintendent.

   4.   In the event the City or any public utility shall disturb the public right-of-way or street work, the City or public utility shall restore any turf grass area to a similar condition existing prior to the disturbance, by reseeding such turf grass area. The City or public utility shall have no duty to replace any plantings, bushes, or vegetation in the public parking other than turf grass.

   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.

   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.

   Abutting property owners may install and maintain underground lawn irrigation systems in the parking, providing that all related equipment, except necessary and direct connections from the water supply to the underground irrigation system, is located solely in an area within one foot of the street side of the sidewalk, or between five and six feet of the property line in areas where sidewalks are not installed. Abutting property owners acting pursuant to these provisions do so at their own risk and without any right, title, or interest in the parking or in the free use and enjoyment of the parking for the purpose allowed in this section. Abutting property owners acting pursuant to this section should take notice of the fact that installations in the parking will be subject to damage or destruction at any time that the City or a person with a utility easement deems it necessary to enter upon the parking for construction, maintenance, or any other purpose. Removal of underground lawn irrigation systems may be required at any time by the City and replacement of system is the sole responsibility of the abutting property owner.