CHAPTER 1:STREETS, SIDEWALKS AND PUBLIC WAYS

CHAPTER 2: SIDEWALK, DRIVEWAY AND CURB CONSTRUCTION

CHAPTER 3: EXCAVATIONS

CHAPTER 4: STREET NAMES

CHAPTER 5: MUNICIPAL PARKS AND PLAYGROUNDS

CHAPTER 6: TREES ON PARKWAYS

CHAPTER 1

STREETS, SIDEWALKS AND PUBLIC WAYS

A. Permit Required; Application:

1. No outside stairways fronting on the streets or alleys of the city and no openings in sidewalks of any kind whatsoever shall be constructed or placed within any of the streets, alleys or sidewalks of the city without a permit therefor having been first duly granted by the city council.
2. Any person wishing to construct any such outside stairways or openings shall present a written application for a permit to the city council setting forth therein a complete description of the stairway or opening desired, the type and kind of construction and the place or places where the same is to be constructed. (Ord. 13.20)

B. Railings And Coverings: All outside stairways shall be provided with metallic railings and gates in accordance with the requirements of the city engineer, the street commissioner, or the city superintendent, and all openings in the streets and alleys or sidewalks shall be provided with a substantial iron covering and shall be constructed to the satisfaction of the street commissioner, city engineer or city superintendent.

C. Extension From Property Line: No outside stairway or opening in any sidewalks in the city or in any streets or alleys thereof shall extend outward more than three feet (3') from the property line. (Ord. 13.20; amd. Ord. 2.32)

8-1-2: MERCHANDISE, SIGNS, AWNINGS OR OBSTRUCTIONS:

A. Permit Required; Application:

1. No person, firm, corporation or association shall deposit, store, keep or place upon or over the sidewalks, streets or alleys of the city any goods, wares, merchandise, signs, awnings or obstructions of any kind whatsoever without first obtaining a permit therefor from the city council.
2. All applicants for such a permit shall petition the council in writing, minutely describing the article or thing sought to be placed upon or over said streets, sidewalks or alleys and the manner of placing the same, and all obstructions so placed in accordance with any permit granted shall be placed upon the direction and to the satisfaction of the city engineer, street commissioner or city superintendent.

B. Order Repair Or Removal Of Dangerous Obstructions, Articles:

1. Any obstructions, articles or things on, over or above the streets, sidewalks or alleys of the city which may become dangerous or unsafe may be ordered removed by the city engineer, street commissioner or city superintendent by giving notice thereof to the owner, agent of an owner, or tenant maintaining the same.
2. In the event the same is not repaired or removed within twenty four (24) hours after receiving such order, the said owner, agent or tenant shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code, and the city engineer or city superintendent shall remove or repair said obstructions, articles or things. (Ord. 13.20; amd. Ord. 2.32; 2006 Code)

C. Display Of Merchandise Prohibited: Each separate article of merchandise that is displayed upon the sidewalk shall constitute a separate offense and each period of twenty four (24) hours beginning at one minute after six o'clock (6:01) A.M. and ending at six o'clock (6:00) A.M. the following day shall constitute a separate offense. (Ord. 13.32; amd. 2006 Code)

D. Loading Or Unloading Merchandise Upon Or Across Sidewalks:

1. Prohibition: It shall be unlawful for any person to load or unload any goods, wares or merchandise of any kind upon or across the sidewalks of the city, or to stand such goods, wares or merchandise upon the sidewalks while waiting to be loaded or unloaded to or from the premises fronting the sidewalk.
2. Exceptions; Permit Required:
   a. Whenever new equipment, furniture or fixtures are being installed in any store or place of business which cannot conveniently be moved in or out of such store or place of business from the back door and the alley, an application for a permit for such loading or unloading shall be made to the chief of police, and the application shall specify the approximate time during which the use of sidewalks by pedestrians shall be obstructed. The chief of police may grant such permit if he believes the application to be reasonable and necessary.
   b. Whenever supplies are to be delivered to a store or place of business, other than merchandise to be displayed for sale, and the arrangement and the construction of the premises make it very difficult or impossible to deliver such supplies through the rear door of the place of business, an application to load and unload and carry such supplies upon or across the sidewalks shall be made to the chief of police; and the application shall specify the approximate length of time during which the use of the sidewalk by pedestrians will be obstructed. The chief of police may grant such application whenever he believes the application to be reasonable and necessary.
3. Moving Household Goods: This section shall not be construed so as to make it unlawful to load or unload household goods or carry household goods upon or across public sidewalks when being moved into or out of premises being, or to be used, for residential purposes. (Ord. 13.36; amd. 2006 Code)

8-1-3: REMOVAL OF SNOW AND ICE FROM ADJACENT SIDEWALKS:

A. Removal Required: It shall be the duty of the owner and tenant of any premises within the limits of the city to keep the sidewalk in front of and adjoining his premises free and safe for pedestrians and, with all possible dispatch, to remove snow, ice, slush, mud and other impediments to safe and convenient foot travel, and prevent the continuance and accumulation of the same upon such sidewalk.

B. Dumping In Streets Restricted: In no case in the business districts of the city shall the snow, ice, slush, mud and other material removed from such sidewalks be dumped or deposited within the adjoining streets, avenues or alleys within two feet (2') of the curb line.

C. Time Limit For Removal: Sidewalks shall in all cases be freed from the night accumulation of snow, water or slush, mud or other like impediments before nine o'clock (9:00) on the following morning. (Ord. 13.20)

D. Dangerous Conditions: When, from freezing snow, water or slush thereon or by reason of the smoothness resulting from the wear of foot travel or from any cause whatsoever, sidewalks are rendered dangerous, unsafe, or difficult to the free passage of pedestrians, it shall be the duty of the aforesaid owners and tenants of the premises in front of which said sidewalks have been constructed to sprinkle sand or ashes on said sidewalk; and in cases of permanent polish or smoothness as aforesaid, the owners shall remove the same in accordance with the directions of the street commissioner, city engineer or city superintendent. (Ord. 13.20; amd. Ord. 2.32)

8-1-4: REPAIR OF DANGEROUS OR IMPASSABLE SIDEWALKS:

A. Responsibility Of Owners And Tenants:

1. It shall be the duty of the owners and tenants of any premises within the limits of the city to keep the sidewalks in front of and adjoining their premises in good, safe and substantial condition, and the owners shall see that all breaks or unsoundness of any character resulting from natural deterioration or from any cause whatsoever, be repaired with all possible dispatch.
2. When by reason of the construction or repair of sidewalks from any cause, any sidewalk or section thereof is removed or rendered dangerous or impassable to the public, such spaces or openings shall be securely fenced; and from dark until sunrise, red lights shall be maintained thereon while such dangerous conditions exist; and a plank walk not less than two inches (2") in thickness and not less than three feet (3') in width shall be constructed around such construction or dangerous walk, the same to extend from sidewalk to sidewalk on each side of said opening or obstruction. (Ord. 13.20)

B. Enforcement By City Officials:

1. It shall be the duty of the chief of police and members of the police department to enforce provisions of this section, and police officers shall immediately report any broken, defective or unsafe sidewalk to the owner of the premises in front of which such defect exists and notify him to repair the same forthwith. Police officers shall also report all such defective walks and crossings as well as the particulars of any accidents that may occur, the names of witnesses and persons injured thereby, to the chief of police, specifying the hour at which the owner as aforesaid was notified to repair his walk, and the chief of police shall in turn notify the street commissioner, city engineer or city superintendent thereof.
2. Upon the refusal or neglect of the owner of any premises to remove obstructions from, or to make necessary repairs to, the walk in front of the same, and when, in the opinion of the street commissioner, city engineer or city superintendent, immediate repairs or removal of the obstruction is necessary to prevent accidents, said street commissioner, city engineer or city superintendent may forthwith proceed with the same; the full cost of said repairs or removal of such obstruction shall be collected or assessed as provided in chapter 2 of this title. Absence of notice to owners to repair or remedy dangerous walks or remove obstructions therefrom shall not constitute a valid excuse against the payment of any fine or damages by such owners or occupants, and nothing contained in any of the sections of this chapter, or chapter 2 of this title, shall be construed as to release the owners or occupants of the real estate from the duty of keeping the sidewalk in front of or adjoining their respective premises at all times in a safe and passable condition, and in a good and thorough state of repair, but such duty is hereby expressly enjoined and imposed upon all such owners and occupants. (Ord. 13.20; amd. Ord. 2.32)

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It shall be unlawful for any person, firm or corporation to allow encroachments such as eaves, marquees or other projections that extend into the space two and one-half feet (2 1/2') back of the face of the curb, and also any such encroachments that are less than seven and one-half feet (7 1/2') above the sidewalk; or in the event there is no sidewalk, then the same applies to using the shoulder of the road for the control point. These terms and conditions apply anywhere within the corporate city limits. (Ord. 13.04; amd. 2006 Code)

8-1-6: LOCATION OF TELEPHONE AND ELECTRIC LIGHT POLES:

A. Permit Required; Application: It shall be unlawful for any person, association, corporation or company to make or cause to be made any excavations in any of the streets, avenues, alleys or any public grounds within the city, for the purpose of erecting or placing any telegraph, telephone, electric light or other light pole or poles to be used for any light purposes, or to erect any poles therein without first making application to the city council for a permit to do the same 15 . Such application shall show the location of such poles when erected and the location of such poles shall be in all cases made under the supervision of the city engineer, the city superintendent or the city council. (Ord. 15.36; amd. Ord. 2.32)

B. Existing Poles; Compliance Required: Any such poles erected prior to the effective date hereof shall take the same status as if the same had not been erected, and the owner of such poles shall be immediately served with a copy of this section by registered mail. Such owner shall, within three (3) days after receiving a copy of said section, make application to the city council for a permit for the location of such poles, as provided in subsection A of this section.

C. Noncompliance; Removal Of Poles: Any such poles erected without receiving a permit, or any such poles remaining in the streets, avenues, alleys or other public grounds within five (5) days after the effective date hereof without the permission of the city council, are hereby declared to be a nuisance. It is hereby made the duty of the chief of police to at once give the party responsible therefor written notice requiring him to forthwith remove the same; and, unless such parties shall begin removal of the same within five (5) days of receipt of such notice and have the same removed within thirty (30) days, it shall be the duty of the chief of police to proceed to remove the same and report the cost thereof to the city judge who shall tax the same as costs in a judgment of confession and collect the same as any other costs are collected. (Ord. 15.36)

8-1-7: ROLLER SKATES, SKATEBOARDS AND SLEDS ON PUBLIC WAYS:

A. No person shall ride, operate, propel or otherwise use roller skates, skateboards, skiffs, sleds, toboggans, wagons, tricycles, scooters, or any other similar coasting, sliding or rolling devices for amusement or recreational purposes upon the motor vehicular traffic portions of any of the highways, streets, or avenues within the city.

B. The use of any of the devices referred to in subsection A of this section shall be confined to the sidewalks or any of the highways, streets or avenues within the city and the portions of the street and avenue intersections designated as crosswalks for pedestrian traffic. (Ord. 13.08; amd. 2006 Code)

CHAPTER 2

SAVING CLAUSE

A. Order Without Forming Special Improvement District: The city council may order sidewalks and curbs constructed in front of any lot or parcel of land without the formation of a special improvement district, and whenever the council shall order any such sidewalk or curb constructed, such order shall be entered upon the minutes of the council and shall name the street or portions thereof along which said sidewalk or curb is to be constructed.

B. Notice To Property Owner: After the making of such order, written notice thereof shall be given the owner or agent of the owner of such property by serving said notice by registered mail addressed to said owner or agent.

C. Construction By City; Assessment Of Costs: If said owner or agent shall fail or neglect, for a period of thirty (30) days after the date of service of said notice, to cause such sidewalk or curb to be constructed, the city may construct or cause to be constructed such sidewalk or curb and shall assess the costs thereof, including engineering costs, against the property in front of which the same is constructed. (Ord. 13.20)

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8-2-2: PAYMENT OF COST ASSESSMENTS:

The payment of assessments to defray the costs of construction of said sidewalks or curbs may be spread over a term not to exceed eight (8) years, payment to be made in equal annual installments. (Ord. 13.20)

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8-2-3: SPECIAL SIDEWALK AND CURB FUND:

There is hereby created a fund to be known as the "special sidewalk and curb fund", into which all assessments levied or assessed as above provided for shall be deposited, and payment for the construction of such sidewalks or curbs constructed as above provided for by the city shall be made by special warrants drawn against said fund, which said warrants shall bear interest at the rate of six percent (6%) per annum. (Ord. 13.20; amd. 2006 Code)

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8-2-4: CONSTRUCTION UNDER DIRECTION OF CITY OFFICIALS:

All sidewalks and curbs constructed within the city shall be constructed to the satisfaction and in accordance with the directions of the city engineer, street commissioner or city superintendent. (Ord. 13.20; amd. Ord. 2.32)

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8-2-5: PERMIT REQUIRED FOR CONSTRUCTION:

A. Requirement: No sidewalks, curbs, gutters, driveways, or approaches shall be constructed upon any of the streets, avenues, alleys, or public places within the city unless written application shall first be made for a permit to do so.

B. Application: Such applications shall be made on forms to be supplied by the city clerk-treasurer and shall set forth the name and address of the applicant and the nature of the work proposed to be done.

C. Fee: Such application shall be accompanied by cash in an amount to be established by the city council from time to time, which said money shall constitute payment for the services of the city in inspecting and approving such work. (Ord. 13.24)

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8-2-6: SIDEWALKS, LOCATION AND SPECIFICATIONS:

All sidewalks hereafter constructed in the city shall be constructed and laid out as follows:

1. Sidewalks abutting upon Main Street shall be five feet four inches (5'4") wide, and on all other streets, the sidewalks shall be four feet six inches (4'6") wide, unless permission is granted by the city council upon recommendation of the city building inspector or city superintendent to alter or vary the width of such sidewalk. (Ord. 13.24; amd. Ord. 2.32)
2. All sidewalks shall be laid upon the grade of the streets upon which the same are constructed.
3. Sidewalks in alleys shall be two feet (2') wide and shall be laid next to the property line.

B. Position; General Requirements: Every sidewalk shall be constructed so as to conform with the position of other sidewalks already constructed. Where there is no sidewalk already constructed, every sidewalk shall be constructed with the outer edge directly adjacent to the inner edge of the curb herein provided for; or the city council, upon application, may make whatever other variance in the size, construction, materials, location and position of sidewalks, curbs, walkways, driveways, fences, retaining walls and other appurtenances and improvements related thereto it determines to be proper.

C. Spreading And Finishing Concrete: The concrete shall be spread as soon as mixed in a layer of such depth that, after having been thoroughly compacted, it shall not be, in any place, less than four inches (4") thick, and smoothed off with a straight edge guided by the tops of the forms, and afterwards floated to a perfectly uniform surface and true to sidewalk grade, and shall be divided into blocks which are created by expansion/contraction joints. (Ord. 13.24)

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8-2-7: CURBS AND GUTTERS, LOCATION AND SPECIFICATIONS:

1. All new curbs and gutters shall consist of combined curb and gutter constructed of structural concrete in conformity with the standard drawings no. 02528-1, 02528-2, 02529-1, 02529-5, 02529-6, 02529-7, 02529-8, and 02529-9, contained in appendix A to ordinance 190, on file in the office of the city clerk-treasurer, except where they are being constructed in a location where they will not match or conform to those already in place. If such is the situation, then and in that event, the curbs and gutters shall conform to those already in place. All curbs shall be separated from any abutting sidewalk by an expansion joint, and no curbs or curbs and gutters shall be constructed as an integral part of any sidewalks. (Ord. 13.24; amd. 2006 Code)
2. The curb and gutter shown in standard drawing no. 02528-2 shall be installed only after special approval by the city council after consultation with the city engineer or city superintendent. (Ord. 13.24)

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8-2-8: DRIVEWAYS AND ALLEY APPROACHES, SPECIFICATIONS:

All new driveways or alley approaches shall be constructed in conformity with standard drawing no. 02529-2 in appendix A to ordinance 190, on file in the office of the city clerk-treasurer, and shall be not less than six inches (6") thick. (Ord. 13.24; amd. 2006 Code)

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8-2-9: CURB AND GUTTER CONSTRUCTION:

A. Materials:

1. Structural Concrete: Structural concrete shall conform to the requirements of section 03310, in appendix A to ordinance 190, on file in the office of the city clerk-treasurer.
2. Reinforcing Steel: Reinforcing steel shall conform to the requirements of section 03210, in appendix A to ordinance 190, on file in the office of the city clerk-treasurer.
3. Preformed Expansion Joint Materials: Joint material shall comply with the requirements of AASHTO M-213, in appendix A to ordinance 190, on file in the office of the city clerk-treasurer. (Ord. 13.24; amd. 2006 Code)

B. Construction Methods:

1. General:
   a. It is the intent of this specification to require machine laid or hand formed combined concrete curb and gutter.
   b. The curb machine shall be a self-propelled type equipped with a material hopper, distribution screw and adjustable curb forming devices capable of laying and compacting the concrete mix to the lines, grades and cross section as shown on the plans.
   c. Curb machines may be designed to utilize steel forms, or may be of the slip form extruded concrete type. (Ord. 13.24)
2. Subgrade Preparation:
   a. Excavation for the construction shall be the required depth, and the subgrade or base course upon which the concrete is to be placed shall have a firm and even surface, and shall be compacted as called for in section 02230, in appendix A to ordinance 190, on file in the office of the city clerk-treasurer. (Ord. 13.24; amd. 2006 Code)
   b. Excavation shall be as required to permit placing of curb, gutter and/or combined curb and gutter to the lines as shown on the plans.
3. Erecting Forms:
   a. Steel or wooden forms shall be staked securely in place, true to line and grade.
   b. Sufficient support shall be given to the form to prevent movement in any direction, resulting from the weight of the concrete or the concrete placement. Forms shall not be set until the subgrade has been compacted within one inch (1") of the established grade. Forms shall be clean and well oiled prior to setting in place.
   c. When set, the top of the form shall not depart from plan elevation or design grade more than one-fourth inch (1/4") when checked with a ten foot (10') straightedge. The alignment shall not vary more than one-half inch (1/2") in ten feet (10'). Immediately prior to placing the concrete, forms shall be carefully inspected for proper grading, alignment, and rigid construction. Adjustments and repairs as needed shall be completed before placing concrete.
4. Placing Concrete:
   a. The subgrade shall be properly compacted and brought to specified grade before placing concrete. The subgrade shall be thoroughly dampened immediately prior to the placement of the concrete. Concrete shall be spaded and tamped thoroughly into the forms to provide a dense, compacted, concrete free of rock pockets. The exposed surfaces shall be floated, finished and broomed.
   b. The rate of concrete placement shall not exceed the rate at which the various placing and finishing operations can be performed in accordance with these specifications. (Ord. 13.24)
   c. If the concrete is to be placed by the extruded method, the contractor shall demonstrate to the satisfaction of the engineer or city superintendent that the machine is capable of placing a dense, uniformly compacted concrete to exact section as per the tolerances in subsection C of this section. (Ord. 13.24; amd. Ord. 2.32)
5. Stripping Forms And Finishing:
   a. Removal Of Forms: Forms may be removed on the day following pour if the concrete is sufficiently set that removal will be without danger of chipping or spalling. When forms are removed before the expiration of the curing period, the edges of the concrete shall be protected with moist earth, or sprayed with curing compound. All forms shall be cleaned, oiled and examined for defects before they are used again.
   b. Broomed Finish: The surface of concrete curbs and gutters shall be finished true to the lines and grades shown on the plans. Concrete shall be worked until the coarse aggregate is forced down into the body of the concrete and no coarse aggregate is exposed. The surface shall then be floated with a wooden float to a smooth and uniform surface. When the concrete in the curb and gutter has hardened sufficiently, the surface shall be given a broom finish. The broom shall be of an approved type. Strokes shall be made without tearing the concrete. The broomed finish shall produce regular corrugations not over one-eighth inch (1/8") in depth.
6. Curing: Curing shall be done in accordance with good construction practice.
7. Joints For Combined Curb And Gutter:
   a. Preformed expansion joint material one-half inch (1/2") thick shall be provided in combined curb and gutter at PCs and PTs, and at curb turns at block corners or alley approaches. The joint filler shall be cut to the cross section of the combined curb and gutter.
   b. Expansion/contraction joints shall be provided between the expansion joints at not more than fifteen foot (15') intervals. Where shorter sections are necessary for closure, the interval may be less than fifteen feet (15'), but no section shall be less than five feet (5').
   c. Construction joints shall, in general, be located at expansion joints. Where it is determined necessary to discontinue placing at locations other than expansion joints, a keyed construction joint shall be located at a contraction joint location.
8. Curb Backfill:
   a. The curb backfill to a level of four inches (4") below the top of curb shall be completed before final grading of the subgrade and placement of base courses.
   b. In areas where lawns exist, the top four inches (4") of backfill bringing it level up to the top of the curb shall be black loam or good topsoil which is suitable for the growth of lawns. It shall be placed out from the curb a sufficient distance and in an mount to replace turf or lawn removed during installation. Backfill shall be completed by grading to match the existing lawns.
9. Prime And Seal Coat Preparation: The edge of the gutter adjacent to the asphalt surfacing shall be painted with an asphalt prime coat before the pavement surface course is placed. When an asphalt seal coat is specified, the application of oil and cover aggregate shall lap three inches (3") over the gutter to provide a good seal on the joint between the concrete and pavement. (Ord. 13.24)

C. Tolerances: The work shall be performed in a manner which results in a curb and gutter constructed to a specified line and grade, uniform in appearance and structurally sound. Curb and gutter found with unsightly bulges, ridges, low spots in the gutter or other defects shall be removed and replaced at the owner's expense if the engineer or city superintendent considers them to be irreparable. Grade shall not deviate more than one-fourth inch (1/4"), and alignment shall not vary more than one-half inch (1/2") from plan elevation, grade or alignment. Tolerance may be checked by use of survey instruments, straightedges, or water puddling. (Ord. 13.24; amd. Ord. 2.32)

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1. Structural Concrete: Structural concrete shall conform to the requirements of section 03310, in appendix A to ordinance 190, on file in the office of the city clerk-treasurer.
2. Reinforcing Steel: Reinforcing steel shall conform to the requirements of section 03210, in appendix A to ordinance 190, on file in the office of the city clerk-treasurer.
3. Preformed Expansion Joint Material: Joint material shall comply with the requirements of AASHTO M-213, in appendix A to ordinance 190, on file in the office of the city clerk-treasurer. (Ord. 13.24; amd. 2006 Code)

B. Construction Methods:

1. General: Sidewalks and driveway approaches, either new or replacement, valley gutters and curbturn fillets shall be constructed at the locations shown on the permit application.
2. Subgrade Preparation: Excavation for the construction shall be to the required depth, and the subgrade upon which the concrete is to be placed shall have a firm and even surface, and shall be compacted as called for in section 02230, in appendix A to ordinance 190, on file in the office of the city clerk-treasurer. (Ord. 13.24; amd. 2006 Code)
   a. It is the intent of this specification to require machine laid or hand formed combined concrete curb and gutter.
   b. The curb machine shall be a self-propelled type equipped with a material hopper, distribution screw and adjustable curb forming devices capable of laying and compacting the concrete mix to the lines, grades and cross section as shown on the plans.
   c. Curb machines may be designed to utilize steel forms, or may be of the slip form extruded concrete type. (Ord. 13.24)
3. Erecting Forms:
   a. Forms, wood or steel, shall be staked securely in place, true to line and grade.
   bb. Sufficient support shall be given to the form to prevent movement in any direction, resulting from the weight of the concrete or the concrete placement. Forms shall not be set until the subgrade has been compacted within one inch (1") of established grade. Forms shall be clean and well oiled prior to setting in place. When set, the top of the form shall not depart from grade more than one-fourth inch (1/4") when checked with a ten foot (10') straightedge. The alignment shall not vary more than one-half inch (1/2") in ten feet (10'). Immediately prior to placing the concrete, forms shall be carefully inspected for proper grading, alignment and rigid construction. Adjustments and repairs as needed shall be completed before placing concrete.
4. Placing Concrete:
   a. The subgrade shall be properly compacted and brought to specified grade before placing concrete. The subgrade shall be thoroughly dampened immediately prior to the placement of the concrete. Concrete shall be spaded and tamped thoroughly into the forms to provide a dense, compacted, concrete free of rock pockets. The exposed surfaces shall be floated, finished and broomed.
   b. The rate of concrete placement shall not exceed the rate at which the various placing and finishing operations can be performed in accordance with these specifications. (Ord. 13.24)
5. Stripping Forms And Finishing:
   a. Removal Of Forms: Forms may be removed on the day following pour if the concrete is sufficiently set that removal will be without danger of chipping or spalling. When forms are removed before the expiration of the curing period, the edges of the concrete shall be protected with moist earth, or sprayed with curing compound. All forms shall be cleaned, oiled and examined for defects before they are used again.
   b. Broomed Finish: The surface of concrete shall be finished true to the lines and grades shown on the plans. Concrete shall be worked until the coarse aggregate is forced down into the body of the concrete and no coarse aggregate is exposed. The surface shall then be floated with a wooden float to a smooth and uniform surface. When the concrete has hardened sufficiently, the surface shall be given a broom finish. The broom shall be an approved type. The strokes shall be square across the concrete from edge to edge with adjacent strokes overlapped. Strokes shall be made without tearing the concrete. The broomed finish shall produce regular corrugations not over one-eighth inch (1/8") in depth.
6. Curing: Curing shall be done in accordance with good construction practice.
7. Joints:
   a. Preformed expansion joints shall be installed at the locations shown in the standard details.
   b.Contraction joints shall be provided between expansion joints at the intervals noted in the standard details.
8. Backfill:
   a. In areas where lawns exist, the top four inches (4") of backfill bringing it level up to the top of the sidewalk or driveway shall be black loam or good topsoil which is suitable for the growth of lawns. It shall be placed out from the sidewalk or driveway a sufficient distance and in amount to replace turf or lawn removed during installation. Backfill shall be completed by grading to match the existing lawn.
   b. Where lawns do not exist, the top four inches (4") of backfill shall be impervious dirt and shall be placed to conform with the topical sections shown on the plans.
9. Tolerances: The work shall be performed in a manner which results in the item being constructed to line and grade, uniform in appearance and structurally sound. Items found with unsightly bulges, ridges, low spots or other defects shall be removed and replaced at the contractor's expense if the engineer or city superintendent considers them to be irreparable. Grade shall not deviate more than one-fourth inch (1/4"), and alignment shall not vary more than one-half inch (1/2") from plan elevation, grade or alignment. Tolerances may be checked by use of survey instruments, straightedges, or water puddling. (Ord. 13.24; amd. Ord. 2.32)

1. No driveways across the sidewalks or intersecting the streets of the city shall be wider than ten feet (10') when the same leads into a privately owned garage not operated for profit and in which no business is conducted, nor wider than twenty feet (20') when the same leads into a garage or other establishment in which a business is conducted or is operated for profit, nor wider than thirty feet (30') when the same leads into a filling station or service station or similar place of business.
2. The width of all driveways shall be plainly and clearly marked by curbs, or in the absence of curbs, by markers installed by the city.

B. Gasoline Pumps Or Other Mechanized Dispensing Devices: No gasoline pumps or other mechanized dispensing devices shall be placed upon any property within the city, so that service therefrom shall be rendered to automobiles or other vehicles placed upon any sidewalks within the city and no service shall be rendered nor shall any merchandise be dispensed to any automobile or other vehicle located upon any sidewalk within the city. (Ord. 13.28)

C. Penalty: Any person, firm or corporation violating any of the provisions of this section, upon conviction thereof, shall be fined as provided in section 1-4-1 of this code. (Ord. 13.28; amd. 2006 Code)

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CHAPTER 3

EXCAVATIONS

It shall be unlawful for any person, firm or corporation to cut through or tear open any surface of any street, alley or other roadway within the city without first complying with the conditions set forth in this chapter. (Ord. 13.00)

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The provisions of this chapter shall not be applicable to any person, firm or corporation operating under a formal written contract with the city, which contract involves the opening of a street, alley or public way. (Ord. 13.00)

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A. Whenever any word in any section of this city code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this city code by words importing the singular number only, or a particular gender, several matters, parties or persons and the opposite gender and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this city code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto.

B. The word "ordinance" contained in the ordinances of the city has been changed in the content of this city code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not meant to amend passage and effective dates of such original ordinances. (2006 Code)

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A. Opening City Streets; Restoration:

1. Any applicant for permission to open any asphalt or concrete surfaced city street, alley, or other roadway, except that portion of U.S. Highway 2 lying within the city limits, shall post with the city clerk-treasurer a bond in the penal sum of one thousand five hundred dollars ($1,500.00).
2. Said bond shall be payable to the city, to protect the city from any liability of any kind or character whatsoever, which may arise as a result of said applicant's opening any such street, alley, or other roadway, or which may in any way or manner be connected therewith, or related thereto; and further conditioned that the permittee shall properly refill the subsurface and restore the surface of any and all excavations or openings.

B. Opening U.S. Highway 2: Any application for permission to open any portion of U.S. Highway 2 lying within the city limits shall post a bond with the city clerk-treasurer in the penal sum as follows:

1. Amount Of Bond:
   a. For trenches not exceeding two thousand (2,000) square feet of surface area, two thousand dollars ($2,000.00);
   b. For trenches exceeding two thousand (2,000) square feet of surface area or in unusual cases, a higher amount as mutually agreed upon between the city and the state of Montana.
2. Bond Payable To City And State: The bond shall be made payable to the city of Cut Bank, and to the state of Montana, as their interests appear according to their expenditures, to guarantee that all work shall be done and completed in a good, competent and workmanlike manner, and in compliance with the specifications hereto specified.
3. Inspection: All work on that portion of U.S. Highway 2 lying within the city limits shall be subject to inspection by the engineers of the state of Montana, and any work found to be unacceptable shall be removed and satisfactorily corrected before the bond covering such work is released. (Ord. 13.00)

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A. Application For Permission To Open Street: Any person, partnership, firm, association, corporation, or any other entity, before making any opening in any street, alley, or other roadway within the city, shall first apply for permission to do so to the city engineer or city superintendent, and in case there is no city engineer or the office is vacant, then to the city building inspector or city superintendent. (Ord. 13.00; amd. Ord. 2.32)

B. Insurance Requirements: If permission is granted, such applicant shall file with the city clerk-treasurer a certificate of insurance or its equivalent providing for public liability coverage in the sum of fifty thousand dollars ($50,000.00) for each person, and an aggregate sum of one hundred thousand dollars ($100,000.00) for more than one person on account of any one accident, and twenty thousand dollars ($20,000.00) property damage to protect parties from any expense, cost, damage, and any liability of any kind or character whatsoever resulting from or which may arise as a result of said applicant's opening any such street, alley, or other roadway, or which may in any way be connected therewith, or relating thereto. (Ord. 13.00)

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A. Deposit: Before any application to open a concrete or asphalt surfaced street, alley, or other roadway shall be granted, the applicant shall also have on deposit with the city clerk-treasurer the sum of one hundred fifty dollars ($150.00) in cash to secure the payment of the fees hereinafter provided for.

B. Fund: All monies so deposited shall be placed by the city clerk-treasurer in a special fund to be known as the "street opening deposit fund", and all withdrawals therefrom shall be by warrant issued upon a claim duly and regularly presented and approved as provided by law.

C. Refund Of Deposit: The depositor shall be entitled a return of his money as soon as all fees and charges herein provided for are paid in full. (Ord. 13.00)

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The fees and charges to be made for any concrete or asphalt street openings of any kind or character whatsoever shall be as follows:

A. Minimum Charge: There shall be a minimum charge of five dollars ($5.00) for openings of any kind or character whatsoever in any asphalt or concrete surfaced street, alley, or other roadway.

B. Rates: The following rates are hereby established:

1. For an opening not exceeding one hundred (100) square feet, one dollar ($1.00) per square foot.
2. For an opening over one hundred (100) square feet, one dollar ($1.00) per square foot for the first one hundred (100) square feet and seventy five cents ($0.75) per square foot for each square foot over one hundred (100) square feet.

C. Square Foot: For the purposes of this section, a fraction of a square foot is to be considered a full square foot. (Ord. 13.00)

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A. Refilling And Compaction:

1. Every opening in any street, alley, or roadway of the city in which excavation of material below the surface or grade of the street, alley, or roadway is made shall be brought back, refilled, and compacted in such a manner so as to allow the surface to be replaced, repaired, and maintained in at least the same condition in which the surface existed before the opening and excavation was made.
2. It shall be the duty and responsibility of any person making any opening in a street, alley, or roadway of the city to bring back, refill or replace the subsurface material in the excavation with the same degree of compaction and quality of material required in the specifications for subsurface fill utilized by the city to establish standards for subsurface work and contract performance in the most recent similar street, alley, and roadway improvement projects carried on or done by or for or on behalf of the city in similar streets, alleys, or roadways.

B. Compliance With City Requirements:

1. All of the work to be done below the surface including the refilling of the excavation and the bringing back and compaction of the subsurface to a condition satisfactory to the city, and the cost and expense of such work, shall be borne and completed by the person making the opening separately and apart from repairs to the surface. (Ord. 13.00)
2. In excavations where more than one foot (1') of refill is required, the city engineer or city superintendent, and in the absence of the city engineer, the city building inspector or city superintendent, shall be notified prior to the subsurface material being placed in the excavation that the refill operation is about to occur. (Ord. 13.00; amd. Ord. 2.32)
3. The actual replacement and repair of any surface shall not be performed by the person making the excavation unless it is done under a written contract for surfacing to which the city is a party. All surface repairs and replacements shall be performed by the city unless the permit granted by the city for the excavation specifically mentions that some other person may perform the repairs or replacements. The cost of surface repair shall be met from the fees and charges for any excavation not expended by the city for materials used in resurfacing, and shall be retained by the city to defray engineering and inspection costs and shall be credited to the street fund. All repairs shall be approved by the city superintendent upon completion. (Ord. 13.00; amd. 2006 Code)

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A. Barricades: Every opening in any street, alley, or other roadway within the city shall be barricaded on both sides of the opening to the full length of such opening, and such barricades shall be kept in place at all times when such openings exist.

B. Lights: The person making such opening shall, between the hours of five o'clock (5:00) P.M. and eight o'clock (8:00) A.M. of each day, keep red or amber lantern lights burning or adequate flares placed at said excavation, one on each end and along each side of such excavation at intervals of five feet (5') or fraction thereof so that same can be seen from all directions for the purpose of warning anyone upon said street of the danger as to such opening. When such opening is running lengthwise within the block along such street or alley, then such red or amber lights or flares shall be placed at the ends thereof and every five feet (5') within the intersections and every twenty feet (20') along such opening within the block at each side thereof. All of said red or amber lights or flares shall be burning and placed in a conspicuous position so that the same can be seen by anyone located in the vicinity thereof approaching from any direction. Said lights at the ends of said excavation shall be kept lighted and burning between said hours of five o'clock (5:00) P.M. and eight o'clock (8:00) A.M. of each day. (Ord. 13.00)

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Violations of this chapter shall be punishable as provided in section 1-4-1 of this code. (Ord. 13.00; amd. 2006 Code)

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CHAPTER 4

STREET NAMES

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8-4-2: NEW STREETS:

The following unnamed streets are hereby designated and named as follows:

Fifth Avenue West: The old county road which extends in a northerly direction from the intersection of West Main Street with Fourth Avenue Southwest, crosses the B.N. railroad, and intersection with First Street Northwest is hereby designated as a street and named Fifth Avenue West.

Eighth Avenue Northeast: The new street constructed between the west end of the high school football field and the east end of the civic center extending from East Main Street to East Railway Street is hereby designated as a street and named Eighth Avenue Northeast. (Ord. 13.16)

200 Block Of First Avenue Northwest: The street to the north of Second Street Northwest directly behind the Motorola Building shall be designated as the 200 block of First Avenue Northwest. (Ord. 13.17, 10-4-2004)

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CHAPTER 5

MUNICIPAL PARKS AND PLAYGROUNDS

1. No person, while present in any municipal park or playground, shall have in his possession, or under his control, any container or other object which is made of glass or of any other similar material which will break or shatter.
2. No person shall take into any municipal park or playground, or in any other way cause to be placed therein or thereon, any container or other object which is made of glass or of any other similar material which will break or shatter.

C. Violations; Penalties: It shall be a misdemeanor for any person to violate any of the provisions of this section. Every person convicted of a violation of this section shall be punished as provided in section 1-4-1 of this code. Upon conviction, the court costs, or any part thereof, may also be assessed against the defendant in the discretion of the court. (Ord. 8.16; amd. 2006 Code)

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CHAPTER 6

TREES ON PARKWAYS

Permission is hereby given to owners of real estate in the city to improve their premises by planting trees and properly cultivating, protecting and caring for the same in the boulevards or parkways adjoining their property, provided said trees, or the cultivation or protection thereof, shall, in no case, interfere with the full use of said streets for public purposes; and provided further, that no person, association or corporation shall plant any tree within the limits of any parkway, street or alley in the city without having first obtained a written permit to do so from the park board. (Ord. 8.41, 8-21-2000)

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A. Application For Permit: It shall be the duty of any property owner to make request, in writing, to the park board, stating the variety and precise location of each tree to be planted and requesting permission therefor; and the board shall grant such permission if, after personal investigation, it considers the location such that it will allow the normal growth and development of each tree.

B. Permit Conditions: The permit shall specify the location, variety and grade of each tree, the method of planting, including supplying of suitable soil, and no permit shall be granted unless the provisions of this section be complied with.

C. No Charges Imposed: No charge shall be made for the investigation or the permit, and no trees shall be planted except in accordance with its terms. (Ord. 8.41, 8-21-2000)

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Carolina poplar, Canadian poplar, Lombardi poplar, silver leaf maple, or box elder trees shall not be planted in streets, avenues or alleys of the city. (Ord. 8.41, 8-21-2000; amd. 2006 Code)

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Permission is hereby given to owners of real estate in the city to improve their premises by planting trees and properly cultivating, protecting and caring for the same in the boulevards or parkways adjoining their property, provided said trees, or the cultivation or protection thereof, shall, in no case, interfere with the full use of said streets for public purposes; and provided further, that no person, association or corporation shall plant any tree within the limits of any parkway, street or alley in the city without having first obtained a written permit to do so from the park board. (Ord. 8.41, 8-21-2000)

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Any person, firm or corporation who or which is the owner or occupant or in possession, control or management of any lot, block or parcel of land within the city who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in section 1-4-1 of this code. (Ord. 8.41, 8-21-2000; amd. 2006 Code)

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