CHAPTER 98

§ 98.001 MANNER OF TRANSPORTING MATERIALS ALONG STREETS.

Any person hauling any material along or upon the streets, avenues, or alleys of the city shall so construct, keep, and maintain the means of conveyance thereof so that at no time shall any of such materials so hauled be dropped or spilled onto said streets, avenues, or alleys. Penalty, see § 98.999

§ 98.002 PROTECTION OF STREETS.

It shall be unlawful for any person, firm, or corporation to run, drive, propel, or otherwise transport by steam, electricity, gasoline, or other power, any engine, tractor, or other metal tired vehicle, except smooth tire vehicles, across, over or on any public paved or oiled streets or alleys in the city, without having first laying on such streets or alleys plank of sufficient width and thickness to afford complete and absolute protection to such streets and alleys. Penalty, see § 98.999

§ 98.003 DEPOSITING OF SNOW, ICE, AND/OR OTHER MATERIALS ON PUBLIC PROPERTY.

A. DEPOSITING OF SNOW, ICE AND/OR MATERIALS ON PUBLIC PROPERTY PROHIBITED. It shall be unlawful for any person to deposit, sweep, throw, place, or cause to be swept, thrown, placed or deposited by any means snow, ice or other material(s) on, in, or over any public street, roadway, alley, right of way, curb, gutter, fire hydrant, sidewalk or other public property in the City.

B. PENALTY. The penalty for a violation of subsection A of section 98.003 shall be a fine of $50 for a first offense, $75 for a second offense, and $100 for a third or subsequent offense. Violations of this section may be enforced by the issuance of a “Notice of Violation” for the fine amount enumerated herein, or by issuance of a “Notice to Appear.” The penalty for a violation of this section where a Notice to Appear has been issued shall be a fine of not less than one hundred dollars ($100) and not more than seven hundred fifty dollars ($750) for each offense.

(Am. Ord. 2863, passed 11-16-09)

§ 98.004 COASTING IN STREETS; EXCEPTION.

It shall be unlawful for any person to indulge in the sport commonly called coasting in or upon any of the streets or the public square of the city; provided that the Mayor may provide for roping off certain streets for the purpose of providing coasting to the exclusion of traffic. Penalty, see § 98.999

§ 98.005 RIDING BICYCLES ON SIDEWALKS.

It shall be unlawful for any person to ride any bicycle upon any sidewalk except that children under the age of twelve (12) years may ride bicycles on sidewalks within the residential area of the city. Penalty, see § 98.999

§ 98.006 SPARE SPACE BENEATH STREETS; PERMIT REQUIRED FOR USE.

No person shall be allowed to use or occupy vaults, storage areas, or for any other purpose, the space beneath the streets, sidewalks, avenues, alleys, or public places in the city, without a permit from the City Council. Such permit shall not waive the right to inspect such premises. Penalty, see § 98.999

§ 98.007 INJURY TO SIDEWALK, CURBING, OR GUTTER.

No person shall injure or obstruct any gutter, pavement, curbing, or sidewalk, or cause the same to be injured or obstructed.
No person shall ride upon, over, or across, or drive or pass over, along, or across any sidewalk, or any paved gutter, with any vehicle except at proper crossing places and where the alleys intersect the streets; provided, that any occupant of any lot or warehouse may have access to the same by placing in front thereof at his own expense, with the consent and direction of the City Administrator, an approved passageway over the gutter, curbing, and sidewalk in such a manner as will preserve the same from injury and not obstruct it.

Penalty, see § 98.999

§ 98.008 RECEIVING OR DELIVERING MERCHANDISE.

No person, while receiving goods, wares, or merchandise, shall permit the same to remain on any sidewalk longer than two (2) hours, and for this purpose he shall not occupy over four (4) feet of the outer edge of the sidewalk in front of the place of business so receiving or delivering any such goods, wares, merchandise, and the like. Penalty, see § 98.999

EXCAVATIONS, CONSTRUCTION, AND REPAIRS

§ 98.020 PERMIT REQUIRED TO EXCAVATE.

No person shall injure or tear up any pavement, sidewalk, or crosswalk, or any part thereof, dig any hole, ditch or drain in, or dig or remove any sod, stone, earth, sand, or gravel from any street, avenue, alley, or public ground in the city without first having obtained written permission from the City Administrator; nor shall any person hinder or obstruct the making or repairing of any pavement, sidewalk, or crosswalk, or any part thereof, in any of the streets, alleys, avenues, or other public places in the city when the same is ordered by any department of or proper officer of the city government.
Penalty, see § 98.999

§ 98.021 PERMIT REQUIRED TO LAY PIPES.

It shall be unlawful for any company, firm, or corporation, their agents, servants, or employees, or for any person to make or cause to be made an opening, ditch, or excavation in or upon any of the streets, avenues, alleys, or other public places of the city for the laying of any pipes or making any change, alteration, or repairs to any pipes already laid, or for any other purpose whatsoever, except upon condition that a permit therefor shall have first been obtained of the City Administrator for such purpose. Penalty, see § 98.999

§ 98.022 ALTERATION, REMOVAL OF PIPES; PERMIT REQUIRED; SURFACE TO BE REPLACED.

Any company, corporation, or person desiring to lay, lower, change, or remove any water or other pipe, or pipes, or to make connection therewith, or to make any change, alteration, or improvement in the right-of-way on any street shall first apply to the City Administrator for a permit to enter upon such street, avenue, alley, or other public place of the city. Such application shall accurately describe the premises sought to be broke, dug, or excavated; and the applicant shall agree properly to guard the place which may be dug, broken, or excavated so as to protect the city from loss and all persons from accident or injury; and to complete the work to be done with reasonable dispatch, and when completed to notify the City Administrator. No such permit shall be issued by the City Administrator for the digging up, excavating, or disturbing of any street, avenue, or alley of the city until the cost of replacing or repairing of the same shall first have been ascertained by him, and paid by the applicant to him together with the fees for the making of such estimate.
The application shall be signed by the person, firm, or corporation or their duly authorized agent; and in addition to the other requirements herein prescribed shall recite that the person, firm, or corporation to whom the same is issued will indemnify the city against any loss or damage in any way resulting to the city by the granting of the permit to such applicant.
After any digging, excavating, or disturbance of a street or alley of the city, the surface of the same shall be replaced as prescribed by the City Administrator. If there was an existing pavement, the restoration of the same shall be completed in accordance with Chapter 152, Appendix, city standard No. .014 or as approved by the engineers for the city.

(Am. Ord. 1144, passed 12-2-74) Penalty, see § 98.999

§ 98.023 ISSUANCE OF PERMIT AND BOND.

Upon application being made in the manner required in § 98.022, the City Administrator may issue a permit to the applicant as herein authorized, and the City Administrator may, if not satisfied of the responsibility of the person seeking such permit, require a bond or such other guaranty as will protect the public and save and keep the city harmless.

§ 98.024 OCCUPATION OF STREET WHILE BUILDING.

Any person desiring to occupy any portion of the public streets of the city while engaged in the erection of buildings along the line of either or any of such streets, shall first file an application with the City Administrator for a permit to so occupy the same. Such application shall state the location of the proposed building, the amount of space in the street desired for occupation and length of time to be occupied. It shall be accompanied by an obligation on the part of the applicant to observe the ordinances of the city in relation thereto; and to protect the city from any liability to any person on account of accident or damage arising from such occupation; and fully to remove all materials, dirt, and rubbish from said occupied space; and to restore the street to its original condition immediately upon the expiration of the period granted in such permit.
Whenever such application and agreement shall have been so filed, the City Administrator shall have authority, in his discretion, to issue permits to parties to occupy not more than one third (1/3) in width of the streets so prayed for, specifying in the permit all the privileges therein granted, with the terms and conditions of the same and shall see that they are fully and completely complied with.
Violation, or failure, to perform conditions.

No person, to whom such a permit may be granted, shall fail, through either willfulness or neglect, to perform any of the conditions or execute any of the requirements of the same.

In addition to the penalty provided in § 98.999, the City Administrator shall have the further power, in his discretion, to revoke the privileges granted in such permit and require the removal of all materials, dirt, and rubbish placed upon the occupied portion of the street, for violating division (C) (1) of this section.

Penalty, see § 98.999

§ 98.025 INTERFERING WITH WARNING DEVICES AROUND WORK AREA PROHIBITED.

No person shall, without written consent of the City Administrator or without the consent of the person doing or superintending the work, throw down, displace, or remove any obstruction, guard, or red light placed to protect work or repairs on streets, sidewalks, or public places. Penalty, see § 98.999

§ 98.026 USE OF AND INJURY TO SEWERS AND CULVERTS.

It shall be unlawful for any person in the city to injure, obstruct, or destroy any public sewer or culvert, or the grating or openings of the same, constructed or owned in whole or in part by the city, nor shall any such sewer or culvert be used for any other purpose than that for which the same was constructed. Penalty, see § 98.999

§ 98.027 PROTECT PUBLIC INFRASTRUCTURES; MINIMIZE SOIL EROSION

During any and all construction or building projects within the City, the following standards are hereby required to be followed to protect public infrastructures, including but not limited to curbs, gutters and sidewalks, and to minimize soil erosion and sediment runoff from construction sites, and eliminate the tracking of dirt, mud and debris onto adjoining public streets:

All vehicular or equipment access to a building lot or parcel from a public street or road shall be limited to a specific designated construction entrance. Said construction entrance shall be placed at the same location as the permanent driveway entrance.
Prior to beginning any construction work, a curb cut shall be made at the location of the construction entrance and aggregate stone shall be placed the full width of the entrance from the curb to within five feet of the front building line of the structure.
Each and every construction entrance shall be constructed and maintained in a manner that precludes dirt, mud and other materials from being tracked onto adjoining public streets.
Silt fencing shall be properly installed prior to commencing any construction work and continuously maintained for the duration of all construction activities. Said fencing shall be installed immediately adjacent to the curb and gutter across the entire frontage of the affected lot or parcel, except at the designated construction entrance; along all down-slope property lines; and at such other locations as are determined by the City Engineer to be necessary to minimize construction site soil erosion.
Any dirt, mud or other materials that is inadvertently tracked or washed onto the public street must be immediately removed by the contractor upon direction by the city, but in no event later than the end of each work day.
The prime and/or general contractor shall be responsible to inspect the curb and gutter adjoining each lot prior to commencing any construction work on the site. This person shall be responsible to immediately notify the city of any damage to the curb and gutter observed to exist prior to the commencement of work.
Prior to the issuance of a Certificate of Occupancy, the city shall inspect the curb and gutter adjoining the affected lot or tract. Any section of curb or gutter found to be damaged by cracking, chipping, scraping, gouging, etc., except those that have been verified by the city to have existed prior to the contract's beginning work, shall be addressed as follows at the direction of the city:

In cases where extensive damages warrant immediate replacement, the curb and gutter shall be removed and replaced by the contractor from construction joint to construction joint, or

In cases where damages are minor, the contractor shall pay the city a sum of money calculated as follows:

the length of each section of damaged curb and gutter measured from construction joint to construction joint multiplied by $25.00 per foot.

In no event shall a Certificate of Occupancy be issued unless and until all damages have been fully satisfied as described above.

The prime and/or general contractor will be held responsible for compliance with the above and shall furthermore be responsible for the actions of his employees, subcontractors and suppliers.
Violators shall be fined one hundred dollars ($100.00) per day and/or shall reimburse expenses incurred by the city in abating the offense. Each day's violation shall constitute a separate offense.
(Ord. 2656, passed 12-19-05)

ENCROACHMENTS, ENCUMBRANCES, AND OBSTRUCTIONS

§ 98.040 STREETS, SIDEWALKS TO BE KEPT CLEAR.

The streets, avenues, alleys, and sidewalks in the city shall be kept free and clear of all encumbrances and encroachments for the use of the public; and they shall not be used or occupied in any other way than is provided by ordinance.
It shall be unlawful for any person to occupy or encumber any sidewalk, street, or alley in the city by standing, sitting, or remaining upon the same as to prevent or obstruct. the free and convenient passage of persons along and across any of the streets, sidewalks, or alleys, but all such persons shall disperse or move on at the request of any police officer.

Penalty, see § 98.999

§ 98.041 REMOVAL OF OBSTRUCTIONS.

The City Administrator is authorized to cause any obstruction, encroachment, article, or thing which may be in violation of the law or the provisions of this chapter, to be removed within a reasonable time after notice to the owner, agent, or person in possession of the premises where such violation occurs, or after notice to the person causing any such obstruction. In case the owner, agent, or person causing such obstruction cannot be found, then the City Engineer shall cause any such obstruction to be removed at once, and in addition to the penalty in this chapter prescribed, the person causing such obstruction shall pay all costs and expenses of such removal. In cases when notice has been given, the person so notified, failing after a reasonable time to remove any such obstruction, shall be liable in a like manner as in cases where no notice is given.

§ 98.042 ERECTION OF BUILDING ON STREET PROHIBITED.

No person shall erect or place any building, in whole or in part, upon any street, avenue, or alley or other public ground of this city.
The owner, occupant, or person in control of any building, fence, porch, steps, gallery, or other obstruction which is now or may hereafter be erected or placed upon any street, avenue, alley or sidewalk or other public ground of the city, shall remove the same upon written notice of the City Administrator; and no person shall fail or refuse to comply with such notice within ten days after being so notified.
Whenever the owner, occupant, or person in control of any building, fence, or other obstruction upon any street, avenue, alley, sidewalk, or public ground in this city shall refuse or neglect for a period of ten (10) days after notice as prescribed in division (B) of this section to remove the same, or if the owner, occupant, or person in control cannot be readily found for the purpose of such notice, the City Administrator shall remove or cause to be removed such obstruction; and the expenses thereof shall be recoverable from such owner, occupant, or person in control. No person shall oppose or resist the execution of the orders of the City Administrator.

Penalty, see § 98.999

§ 98.043 PROHIBITING OBSTRUCTION OF ALLEY.

No automobile, truck, or vehicle of any kind or description, or any part of the same shall be permitted to stand or remain in and obstruct any public alley in the city for a longer time than five consecutive minutes at any one time, except while the same is being loaded or unloaded; and while being loaded or unloaded such vehicle shall remain in such public alley only a reasonable length of time. Penalty, see § 98.999

§ 98.044 PERSONAL PROPERTY LEFT ON STREET.

In all cases where any article of personal property shall have remained on any street, lane, avenue, alley, or public ground in the city, contrary to ordinance, for twenty four (24) hours, and the owner or agent for the same can be found in the city, it shall be the duty of the Chief of Police or any police officer of the city to remove the same to some convenient place if deemed necessary. It shall thereupon be the duty of the Chief of Police to advertise such article of personal property for the space of ten days by posting up notices in three of the most public places of the city; and at the expiration of such notice, if no owner applies for such article, to sell the same at public auction at the city hall building in the city, and to at once pay the proceeds arising therefrom, to the City Treasurer. All such funds shall be retained by the City Treasurer subject to the order of the City Council. Penalty, see § 98.999

§ 98.045 OBSTRUCTION BY AWNINGS PROHIBITED.

No part of any awning, or anything attached thereto, shall be less than six and one-half (6½) feet from any sidewalk at its lowest point, and shall in no manner interfere with, obscure or obstruct the light of any public lamp. Penalty, see § 98.999

§ 98.046 SUSPENDING FLAGS AND BANNERS OVER STREETS.

The suspending of any banners, signs, transparencies, or other thing over any street in the city is forbidden, unless a permit is secured from the City Council. Penalty, see § 98.999

§ 98.047 OPENING GRATING, VAULT, OR CELLAR DOOR.

No person shall keep or leave open any cellar door or grating of any vault on any public highway or sidewalk, or suffer the same to be left or kept open, or place any obstruction thereon that will endanger the public travel. Penalty, see § 98.999

PAVING OF STREETS

§ 98.060 CONTRACTOR PAVING STREETS TO ERECT GUARDS.

When any street, alley, or other public place in the city shall hereafter be paved or otherwise improved, it shall be the duty of the contractor who has charge of such work to cause to be placed in such street, alley, or public place at the intersection of all cross streets, proper and sufficient guards to prevent automobiles, trucks, or other vehicles of all kinds and descriptions, from entering in and upon such streets so being paved or otherwise improved, for a distance of at least one block from that part of the improvement that has been lastly constructed. Penalty, see § 98.999

§ 98.061 RIDING OR DRIVING OVER PAVEMENT WITHIN GUARDS PROHIBITED.

It shall be unlawful for any person to ride, drive, or in any manner propel any kind of vehicle or piece of machinery, over, along, or upon that portion of any street, alley, or other public place in the city being paved or otherwise improved that is within the guards or obstructions placed upon such street, alley, or public place by the party in charge of such pavement of improvement as provided in § 98.060. Penalty, see § 98.999

§ 98.062 REMOVAL OF GUARDS.

It shall be unlawful for any person other than those engaged in the construction of such pavement or improvement to remove or destroy any such guards or obstructions placed upon any such street, alley, or public place that is being paved or improved. Penalty, see § 98.999

DRIVEWAY CONSTRUCTION AND ALTERATION

§ 98.075 COMPLIANCE.

No person shall construct, build, establish, or maintain upon any public thoroughfare a driveway from any property abutting such public thoroughfare to the pavement along such public thoroughfare, or use any portion of such parkway for a private drive, except in compliance with and under the terms of this subchapter. Penalty, see § 98.999

§ 98.076 PERMIT REQUIRED.

Any person desiring to construct or alter any private driveway referred to in § 98.075 shall make application for a permit therefor to the City Administrator. No construction or work of any kind shall be done or permitted on such proposed driveway until and unless such permit is duly applied for and issued. Upon receipt of such application upon the forms prescribed by the City Administrator, if the same shall be found to be in accordance with the terms of this subchapter, the City Administrator shall issue such permit, subject to the conditions and terms of this subchapter. Penalty, see § 98.999

§ 98.077 NUMBER OF DRIVEWAYS ALLOWED.

The City Administrator on receiving an application for driveway permit may issue a permit for the construction of one driveway to any one lot or parcel of land concerning which such application shall have been made.
The City Administrator shall, in his discretion, upon application as aforesaid, issue a permit for one additional driveway to any lot or parcel of land concerning which such application shall have been made or issue a permit for two additional driveways to any corner lot or corner parcel of land concerning which such application shall have been made, if, upon investigation, he shall find that the construction and maintenance of such additional driveway or driveways shall not substantially impair, endanger, or interfere with the public safety, or rights-of-way.
In exercising such discretion the City Administrator shall consider the amount of pedestrian and vehicular traffic on the proposed driveways and on the street or sidewalk adjacent to the property sought to be connected with any street or thoroughfare. He shall also consider the grade or elevation of the public street with which any such driveways are to be connected to any street intersection, railroad, or railway crossing, fire or police station, or school or church.

§ 98.078 PROCEDURE WHEN PERMIT DENIED.

In the event the City Administrator, in his discretion, shall refuse to issue a permit for a driveway, his action in so refusing such permit shall be subject to review by the City Council. If the City Council finds the construction and maintenance of any such driveway will not substantially impair, endanger, or interfere with the public safety, it shall by resolution direct the issuance of any such permit for a driveway of such width and at such location as the City Council shall consider proper and in furtherance of public safety; otherwise a permit shall not be issued.

§ 98.079 WIDTH AND LOCATION OF DRIVEWAYS.

Each driveway permitted under this subchapter shall be of such grade and of such width, as specified in Standards 007, 008, or 008.1, which are hereby adopted and incorporated by reference as if fully set forth herein, shall be constructed in accordance with driveway plans and specification on file in the office of the City Administrator at such location as the City Administrator in his discretion shall find proper after making the investigation in the light of the standards referenced in this section. Penalty, see § 98.999

§ 98.080 MATERIAL REQUIREMENTS.

Driveways connecting with paved streets shall be paved with portland cement concrete, in accordance with plans and specifications on file in the office of the City Administrator. Concrete shall tae at least six (6) inches in depth. That portion of any driveway which crosses any concrete sidewalk shall be constructed of concrete six (6) inches thick.
Penalty, see § 98.999

§ 98.081 GRADING.

That portion of driveway which crosses a sidewalk shall be kept as nearly as possible at the same grade as the walk, so as to avoid interference with pedestrian traffic. No steps shall be created in the sidewalk because of any driveway construction, and at no time shall the gradient of the sidewalk which crosses a driveway exceed one (1) foot vertical to ten (10) feet horizontal. The established grade at the gutter or street level shall not be changed by the driveway, and no part of the driveway shall extend beyond the curb or street line in such a manner as to change the grade of the gutter or street or obstruct the free flow of water in the gutter. Where elevations or depressions are necessary in the parkway strip between the curb or street and the sidewalk or property line, the parkway shall be graded on both sides of the driveway to a distance sufficient to create a gradual ascent or descent. At no time shall the gradient exceed one foot vertical to ten feet horizontal. Penalty, see § 98.999

§ 98.082 REMOVAL OF CURBS.

Combined curb and gutter and separate curbing shall be entirely removed for the full width of the driveway opening at the curb line. Any such curb removal shall be done by saw cut so as to avoid any injury to the curb remaining in place, which shall be rounded off and finished under the supervision of the City Administrator or his representative. Penalty, see § 98.999

§ 98.083 DRAINAGE.

No driveway shall be so constructed so as to interfere with the drainage of the adjoining street, or so as to permit the forming of pools of water in the driveway. Penalty, see § 98.999

§ 98.084 BARRIERS AND LIGHTS REQUIRED.

Adequate barriers and lights shall be maintained whenever any sidewalk is obstructed by construction of a driveway, to prevent injury to any pedestrians. Penalty, see § 98.999

§ 98.085 TEMPORARY DRIVEWAYS.

It shall be unlawful to establish a temporary driveway for the conveyance of vehicles across any parkway or sidewalk when no regular driveway is established; provided that a permit therefor is obtained from the City Administrator. Such temporary driveway shall be properly planked so that the parkway, sidewalk, and curb are adequately protected from damage.

§ 98.086 INSPECTION OF CONSTRUCTION.

Inspection of driveway construction shall be provided by duly authorized city personnel following a minimum of twenty four (24) hour notice by the contractor.

PARADES AND OPEN AIR MEETINGS

§ 98.100 DEFINITIONS.

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OPEN AIR MEETING. Any congregation of citizens held outdoors and upon any public property for the purpose of hearing speakers or discussing some matter of common interest where the number of participants expected may reasonably be assumed to exceed fifty (50).

PARADE. Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park, or other public place in the municipality.

(Ord. 949, passed 11-18-68)

§ 98.101 PERMIT REQUIRED.

No person shall participate in a parade or open air meeting held on any public way or on any public property unless a written permit therefor shall first be obtained from the Chief of Police, except that this subchapter shall not apply to:

Funeral processions;
Students going to and from classes or participating in educational activities, including band practice, providing such conduct is under the immediate direction and supervision of the proper school authorities; or
A governmental agency acting within the scope of its functions.

(Ord. 1520, passed 5-4-87) Penalty, see § 98.999

§ 98.102 APPLICATION FOR PERMIT; CONTENTS.

An application to conduct a parade or open air meeting shall be made in writing to the Chief of Police at least seventy two (72) hours prior to the event, by a representative of the group seeking the permit, and shall set forth the following information:

The name, address, and telephone number of the person seeking to conduct such parade or open air meetings:
If the parade or open air meeting is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization;
The name, address, and telephone number of the person who will be the parade chairperson or chairperson of the open air meeting;
The date when the parade or open air meeting is to be conducted;
The route to be traveled, the starting point, the termination point, and the location of speaker's platforms;
The approximate number of persons who, and animals and vehicles which, will constitute such parade or open air meeting; the type of animals, and description of the vehicles;
The hours when such parade or open air meeting will start and terminate;
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;
The location by streets of any assembly areas for such parade or open air meeting; and
The time at which units of the parade will begin to assemble at any such assembly area or areas.

(Ord. 949, passed 11-18-68)

§ 98.103 FILING PRECEDENCE; CONFLICTS AS TO TIME AND PLACE.

If the Chief of Police shall receive more than one (1) application for a parade or open air meeting at the same time and the same place, or on the same day, the applications filed first in time shall take precedence. An application shall be considered to be at the same time if the event is scheduled to commence within two (2) hours before or after the holding of another event. An application shall be considered to be at the same place if the requested parade route comes at any point within six (6) blocks or any equivalent distance from the route of another parade or if the open air meeting be conducted within one-half (½) mile of another open air meeting. If the Chief of Police receives an application for more than one (1) parade or open air meeting in a single day, he may set a time for the duration of each parade or open air meeting which time shall not, without the consent of the group seeking the permit, be less than three (3) hours. (Ord. 949, passed 11-18-68)

§ 98.104 ISSUANCE OF PERMIT.

Following receipt of an application or reapplication the Chief of Police shall either within twenty four (24) hours issue a permit for the holding of a parade or open air meeting or reject the application. Permits may be rejected on the basis of improper or incomplete application and, reasons for rejection shall be made known to applicant, in writing, at the time of rejection. The applicant shall be allowed to correct or complete the improper application and resubmit it to the Chief of Police, the original seventy two (72) hour required advance notification time being still valid if the corrected application is resubmitted within twenty four (24) hours prior to the time of the event. If a corrected application is not received by the Chief of Police within twenty four (24) hours prior to the time of the event, a new period of forty eight (48) hours will be imposed prior to which the event may not be held. The forty eight (48) hour period shall commence upon receipt of the corrected application.
(Ord. 949, passed 11-18-68)

§ 98.105 ISSUANCE OF MULTIPLE PERMITS.

The Chief of Police shall issue permits for more than a single parade during one (1) day in accordance with the requirements of §§ 98.103 and 98.104 of this chapter provided, however, that he may not issue multiple permits beyond the point at which the issuance of an additional permit would require the continuing diversion of so great a number of police officers or other municipal personnel so as to prevent normal police protection or other services to the municipality.
(Ord. 949, passed 11-18-68)

§ 98.106 HOURS PERMITTED.

All parades shall be held during daylight hours at times other than peak traffic periods (7:30 a.m. to 9:00 a.m.) and (4:30 p.m. to 6:00 p.m.) Monday through Saturday, and not before noon on Sundays. All open air meetings shall conclude by midnight and shall not be held before noon on Sunday. (Ord. 949, passed 11-18-68) Penalty, see § 98.999

§ 98.107 SIZE LIMITATIONS.

Parades and open air meetings shall be limited to such numbers as will not obstruct traffic either vehicular or pedestrian, in an unreasonable manner, and in any event, no such parade or open air meeting shall consist of more than five hundred (500) persons. (Ord. 949, passed 11-18-68) Penalty, see § 98.999

TREES AND SHRUBBERY

§ 98.120 PLANTING OF TREES AND SHRUBS PROHIBITED; APPROVAL REQUIRED.

It shall be unlawful to plant any tree or shrub in any public street, street rights-of-way or public parkway.
It shall be unlawful to plant any tree or shrub in any other public place, unless prior approval is given by the City Council, or its duly authorized designee.

(Am. Ord. 2462, passed 8-4-03) Penalty, see § 98.999

§ 98.121 REMOVAL OF TREES OR SHRUBS; APPROVAL REQUIRED.

It shall be unlawful to remove or cut down any tree or shrub in any street, parkway, Glendale Cemetery, or other public place without the approval of the City Administrator. Penalty, see § 98.999

§ 98.122 DANGEROUS TREES.

Any tree or shrub which overhangs any sidewalk, street, or other public place in the city in such a way as to impede or interfere with traffic or travel on such public place shall be trimmed by the owner of the abutting premises on which such tree or shrub grows so that the obstructions shall cease. Penalty, see § 98.999

§ 98.123 HAZARDOUS LIMBS.

Any limb of a tree which has become hazardous or is likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree grows or stands. Penalty, see § 98.999

§ 98.124 INJURING TREES AND SHRUBS.

It shall be unlawful to injure any tree or shrub planted in any such public place. Penalty, see § 98.999

§ 98.125 ATTACHMENT OF WIRES OR ROPES; PERMISSION REQUIRED.

It shall be unlawful to attach any wire or other rope to any tree without permission of the City Council.
Any person or company given the right to maintain poles or wires in the streets, alleys, or other public places in the city shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees or shrubs in such places so far as may be possible and shall keep all such trees and shrubs properly trimmed and subject to the supervision of the Superintendent of Streets and Waterworks, so that no injury shall be done to the poles or wires or shrubs and trees by contact.

Penalty, see § 98.999

§ 98.126 ATTACHING ADVERTISEMENTS, NOTICES, AND POSTERS PROHIBITED.

It shall be unlawful to attach any sign, advertisement, notice, campaign poster, or campaign placard of any candidate for office or of any political party to any tree or shrub, telephone pole, light pole, or any other object in any street, parkway, or other public place. Penalty, see § 98.999

NAMING OF STREETS; NUMBERING LOTS AND BUILDINGS

§ 98.140 NAMING OF STREETS.

The corporate authorities may name originally, and then may change, the name of any street, alley or other public place within the city.
No change in the name of any street, alley or other public place shall be effective until thirty (30) days after passage of the ordinance or resolution changing the name and the post office branch serving that area has been notified of the change in writing by certified or registered mail.

§ 98.141 NUMBERING OF LOTS AND BUILDINGS.

The City Administrator, or his designee, shall have the authority to issue numbers for buildings and lots and also the authority to change the numbering of buildings and lots.
No change in the numbering of buildings and lots shall be effective until thirty (30) days after such numbering is changed and the post office branch serving that area has been notified of the change in writing by certified or registered mail.
Posting of address numbers.

All owners of improved residential, commercial and industrial properties shall post the respective address numbers, as assigned by the city, at or near the main entrance of all principal structures, provided that the place upon which those numbers are posted is not further than sixty five (65) feet from the nearest pavement edge of the street upon which the structure faces.

For those improved properties that would have a plane upon which the address numbers would be posted further than sixty five (65) feet from the nearest pavement edge of the street upon which the structure faces, a sign shall be posted bearing the property's respective address, not further than sixty five (65) feet from the pavement edge. Such signs shall not be any longer than the area of address numbers with a maximum four (4) inch perimeter around the address number. Such address numbers shall not be subject to the city's sign ordinance.

All address numbers shall be permanently affixed and shall be clearly visible from the street, free of current and future temporary and permanent visual obstructions. They shall not be posted on doors, windows or other moveable components.

Address numbers shall be posted upon planes that are parallel to the street direction upon which the property faces.

Address numbers upon structures shall be posted between four (4) feet and nine (9) feet above the first floor (above grade) level.

Address numbers upon signs shall be posted between thirty (30) inches and forty eight (48) inches above grade.

The minimum height of each address number shall be four (4) inches and the maximum height of each address number shall be twelve (12) inches. Minimum spacing between each number shall be twenty five percent (25%) of the number's height with a maximum spacing of fifty percent (50%) of the number's height.

All numbers constituting an address number shall be uniform in height and style.

All address numbers shall be whole Arabic numerals only. No fractions or decimals shall be allowed. They shall be devoid of serifs and other ornamentation that would cause illegibility. Script, Roman numerals and other forms of numbers shall not be acceptable, unless used in addition to Arabic numerals.

Address numbers shall severely contrast in color to the background upon which they are affixed.

Address numbers on mailboxes along the street shall not be sufficient identification to comply with this section.

With subdivisions of an addressed property (apartments, offices, suites, and so forth), each subdivision shall have its own identifier clearly and permanently affixed at or near its main entrance. In the instance of an apartment, office or other complex, where an address has more than one principal structure, each structure shall have its own identifier, English alphabet only, with each subdivision within each structure having its own identifier, Arabic numeral only.

(Ord. 1661, passed 3-4-91) Penalty, see § 98.999

§ 98.999 PENALTY.

Whoever violates any provision of this chapter for which another penalty is not already provided, shall be fined not less than twenty five dollars ($25.00) not more than two hundred dollars ($200.00) for each offense. Each day's violation shall constitute a separate offense.