ARTICLE I. Sec. 110-1. Unlawful obstructions; construction materials.
(a) It shall be unlawful to leave any material while building or repairing any house or building, or doing other work, in such a condition as to endanger persons or vehicles in passing along any street, alley, or public way, and without keeping on same at night a suitable light at such points thereon as may be easily seen to warn the public of danger.
(b) It shall be unlawful to erect, build, construct, deposit or place, or to procure or cause to be erected, built, constructed, deposited or placed upon or in any street, or any place where the public has a right of passage, any house, cellar, stable, shed, fence, enclosure, walls, foundations, or any other structure, or any lot or part thereof abutting on a street, to permit any obstruction to remain upon the sidewalk in front of such lot or part thereof; or for the owner or occupant of such lot or part thereof to permit any sidewalk in front of such lot or part thereof to remain in such condition as to prevent convenient and safe use thereof by the public.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-2. Liability of owner of abutting or encroaching building.
Any building or structure abutting or encroaching upon any public street, alley or sidewalk is hereby declared to be a public nuisance against the welfare and safety of the public, and the owner, lessee or agent of the owner of any building allowing such building or structure to abut upon or encroach upon any public street, alley or sidewalk, shall be held responsible and shall be punished as provided by section 1-9.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-3. Placing matter on streets, sidewalks; penalty; abatement.
(a) It shall be unlawful to place on any street, any firewood, empty boxes or barrels, shavings, bricks, refuse or building materials; or to throw or deposit offal or other offensive matter in any street, or to discharge, or permit to be discharged from his premises, so much water or other liquids as may put any parts of the streets in bad order, or to obstruct the gutters or sewers with dirt, trash, wood, lumber, brick or other material; or to obstruct or injure, any way or manner, any pavement, curbing or improved sidewalk; or to obstruct, or cause or allow to be obstructed, any sidewalk or crossing; or to remove grass, earth or sand from, or to dig up any street, or to deposit material of any kind on any street without permission of the chief city inspector.
(b) Upon the trial of any person who may be found guilty of violating subsection (a) of this section, the municipal court shall direct such person to forthwith remove such obstruction, if it exists at the time of the trial, and each day's neglect to remove the same shall be considered a new offense. The municipal judge shall have power to direct the chief of police to abate and remove such obstructions.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-4. Trees, shrubs, etc.; removal or planting; permit; removal by city.
(a) When in the opinion of the chief city inspector any tree or other obstacles hinder or obstruct travel on any sidewalk or street, he shall have the same pruned or removed at the expense of the owner of the abutting property.
(b) When any trees are to be planted or removed from any point within the lines of the street, the same shall be planted or removed only under permit from the chief city inspector, and any expense incurred shall be paid by the owner of the trees.
(c) The chief city inspector is hereby authorized and directed to prune, remove or cause to be removed any tree, shrub or other obstruction to travel, upon any street, sidewalk or the curb lines or traveled ways of any street within the city; provided, before making any such removal of any such tree, shrubbery, or other obstruction, the chief city inspector shall give the owner of the property upon which the same is located an opportunity to make such removal, by written notice to such owner ten days in advance of such removal.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-5. Injury to trees, shrubs, etc.
It shall be unlawful to injure in any manner any tree, shrubs or grass growing upon any city property, or to cut, break or destroy any building or other thing belonging to, or under the control and care of the city.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-6. Throwing destructive or injurious materials on highway.
(a) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon the highway.
(b) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove it or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle.
State law reference(s)--Similar provisions, A.C.A. § 27-51 -- 1405.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-7. Obstruction of view at street corners.
(a) It shall be unlawful to construct, maintain or permit to remain, any fence or structure or bushes or other plants, or any other object or thing of any nature whatsoever, on a corner lot within 30 feet of the street line, which obstructs the view, at a height more than three feet above the level of the adjacent street pavement.
(b) Any person violating subsection (a) of this section shall be fined as provided by section 1-9 and a separate offense shall be deemed committed on each day during or on which any such obstruction to the view is permitted to remain after notice from the chief city inspector to remove the same.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-8. Establishment of work zones and construction in public rights-of-way.
At all times and periods during which any work upon, in, under, above or about any street, alley, curb, gutter, sidewalk, or any public right-of-way within the city, the person or persons performing the work shall establish a work zone in accordance with the requirements of this chapter. The work zone shall include, but not be limited to, all necessary and proper barriers and other safeguards, including watchmen, if necessary, upon and around the work for the prevention of accidents, and at night be required to place, maintain and keep suitable and sufficient lights and flares to warn of the obstructions and hazards.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-9. Reserved.
Sec. 110-10. General authority of the city department designed by the mayor.
The superintendent of the street department is hereby designated by the mayor to enforce the provisions of this article. The street superintendent or his/her designated representative may issue a stop order and suspend work pursuant to this article when necessary to ensure safety in work zones or for the safety of the public.
Stop orders, notices and instructions may be given to the contractor or his agent or to any person in charge of the work on the ground.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-11. Requirements of work zone plans.
The street department, as designated by the mayor, shall have the power to make reasonable regulations and shall use part VI "standards and guides for traffic controls for street and highway construction, maintenance, utility and incident management operations" of the manual on uniform traffic control devices for streets and highways for barricading of construction areas within the public right-of-way. The department may require, as a part of any barricade plan, that the applicant maintain such barricades, signals, signs, or other traffic-control or safety devices according to such regulations. The department may require that work be done only at certain hours during the day or night, that materials or equipment used in such work and dirt and materials removed from an excavation be located other than adjacent to the work area where feasible. In addition, the department may require that any excavation be covered with materials of sufficient strength and construction to permit vehicular traffic to pass over such excavation at peak traffic hours, where such requirements are necessary in the interests of safety and to avoid traffic congestion.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-12. Fee.
The area of public property on which fees shall be paid shall be that space, enclosed within and occupied by any barricade, fence, covered walkway or tunnel. Charges for such use shall be made for the day, and any fraction of a day, on the following basis: for public space occupied, one cent per square foot, with a minimum fee of $20.00 per day.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-13. Action by city to correct deficiencies.
In the event a stop order is issued, the person holding the permit and engaging in the work shall restore the work area to its proper condition as called for in the barricade plan and permit upon demand by the city. In the event such is not done within 24 hours from receipt of notice to do so, the city shall be authorized to and may, at its election, take charge of the work and restore the premises to the condition called for in the barricade plan and permit. The city shall be entitled to receive from the contractor, by civil action, twice the actual expense incurred by the city in so acting. Expenses shall include, but not limited to, cost of labor, materials, overhead, and reasonable rental of any equipment used by the city in restoring the site, and for such purposes. The city shall have a right of action against any bond in effect running from the holder of the permit to the city conditioned upon compliance with the ordinances of the city in the performance of the work.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-14. Penalty.
Any person convicted of a violation of any of the provision of this section shall be punished in accordance with the provisions of section 1-9.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-15. Article supplemental to building code.
The provisions of this section are as supplemental to the building code.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-16. Civil liability.
The person or persons doing work under a permit pursuant to this article shall indemnify and hold harmless the city from actions, claims, costs, damages and expense to which the city may be subjected by reason of any injury or alleged injury to any person or property resulting or alleged to result from or to be occasioned by any act, negligence, carelessness or want of skill in connection with or in the conduct of the work, or in guarding same, or from any improper methods, tools, implements, or materials used in its prosecution or by or on account of any alleged act or omission whatever of the contractor or his agents, employees or servants. The contractor doing the work under the permit shall pay all sums so recovered against the city in any suit on account of such alleged injuries to which the city may be made a part, together with all such costs, damages and expenses as my be suffered by the city, all in a manner as to hold the city harmless from all such actions or claims.
(Ord. No. 3258, § 1, 11-12-02)
Secs. 110-17--110-30. Reserved.
ARTICLE II. Sec. 110-31. Specifications.
(a) All sidewalks shall be constructed in accordance with the standard details for street and drainage construction and the adopted master street plan.
(b) Sidewalks shall be constructed in accordance with the Americans with Disabilities Act. Handicapped curb ramps shall be provided whenever a sidewalk crosses a curb at crosswalks, driveways and street intersections.
(c) The planning and community development director or his/her designated representative shall have the discretion and authority to grant exceptions in order to accomplish reasonable continuity in sidewalks.
(Ord. No. 3258, § 1, 11-12-02)
Secs. 110-32--110-50. Reserved.
ARTICLE III. Sec. 110-51. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AASHTO means American Association of State Highway and Transportation Officials.
AASHTO T 99 (Standard Proctor) means a laboratory determination of the maximum density to which a soil can be compacted using a 5 1/2-pound rammer and a 12-inch drop.
AASHTO T 180 (Modified Proctor) means a laboratory determination of the maximum density to which a soil can be compacted using a ten-pound rammer and an 18-inch drop.
ACHM means asphalt concrete hot mix.
ADT means average daily traffic.
AHTD means Arkansas State Highway and Transportation Department.
ASTM means American Society for Testing and Materials.
EAL means equivalent axle load.
Kip means a unit of measure equal to 1,000 pounds.
LL means liquid limit. The moisture content at which a soil passes from a plastic to a liquid state.
PI means plasticity index. The numerical difference between the liquid limit and plastic limit of a soil.
psi means pounds per square inch.
(Ord. No. 3258, § 1, 11-12-02)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 110-52. Submission of plans and specifications for approval.
Detailed plans and specifications for all proposed streets and storm drainage systems to become a part of the city shall be prepared under the supervision of a registered professional engineer (hereafter referred to as the engineer) and four copies of the plans and one copy of the specifications submitted to the planning and community development director or his/her designated representative for review and signed approval. Upon approval, one signed copy will be returned to the engineer and three copies will be retained by the planning and community development director or his/her designated representative. The engineer shall be responsible for the construction stakeout of all improvements and shall make periodic inspections during construction to ensure that the improvements are constructed in accordance with the approved plans and specifications. Upon completion of the project and before acceptance by the city, the engineer will submit one copy of the as-built plans and a digital copy, with all changes indicated in red, to the planning and community development director or his/her designated representative and they shall become the permanent record.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-53. Minimum standards for street classifications, street geometrics and right-of-way widths, soil classifications and pavement sections.
The proposed street classifications, street geometrics and right-of-way widths, soils classifications and pavement sections shall equal the following minimum standards and requirements:
(1) Street classifications by traffic and 18-kip EALs*: These street classifications should not be confused with the functional classifications of the master street plan. Each street shall be classified by function and/or traffic in one of the following classes subject to approval by the planning and community development director or his/her designated representative:
a. Class I. Residential drives including short drives, short dead-end streets, or short cross streets.
1. 0--50 vehicles per day.
2. Maximum of five average 18-kip EALs per day.
3. Maximum of 36,500 total 18-kip EALs in 20-year design period.
b. Class II. Light residential, light commercial and minor residential collector streets including:
1. Residential subdivision streets with no through traffic.
2. Cross streets in the established street system.
3. Light commercial streets in a small commercial area.
i. 50--150 vehicles per day.
ii. Maximum of ten average 18-kip EALs per day.
iii. Maximum of 73,000 total 18-kip EALs in 20-year design period.
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Note--EALS fOR class I and II streets based on 100 percent of the one-way ADT times a load factor of 0.09 for single-unit trucks, plus five percent of the one-way ADT times a load factor of 1.00 for multiple-unit trucks. EALs for class III and IV streets based on 100 percent of the one-way ADT times a load factor of 0.09 for single-unit trucks, plus ten percent of the one-way ADT times a load factor of 1.00 for multiple-unit trucks.
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c. Class III. Residential collector and commercial streets including:
1. Major streets in a residential subdivision used for access to a through street or highway (collectors will have the right-of-way to class I and II streets above).
2. Commercial streets.
i. 150--400 vehicles per day.
ii. Maximum of 40 average 18-kip EALs per day.
iii. Maximum of 292,000 total 18-kip EALs in 20-year design period.
d. Class IV. Minor residential arterial, heavy commercial, and light industrial streets including:
1. Through streets in a residential subdivision; heavy commercial streets.
2. Light industrial streets in a small industrial area with little or no adjacent area for expansion.
i. 400--850 vehicles per day.
ii. Maximum of 80 average 18-kip EALs per day.
iii. Maximum of 584,000 total 18-kip EALs in 20-year design period.
e. Class V. All higher class streets (formal design procedures shall be used):
1. Minimum of 850 vehicles per day.
2. Maximum of 80 average 18-kip EALs per day.
3. Maximum of 584,000 total 18-kip EALs in 20-year design period.
(2) Street geometrics and right-of-way widths:
a. All proposed street widths and right-of-way widths shall meet or exceed the minimum widths shown on the adopted master street plan.
b. All intersection approaches shall have adequate horizontal and vertical sight distance as defined by the design speed outlined on the master street plan.
c. At intersections, the radius to the face of the curb shall meet the minimum outlined on the master street plan or as determined by the director of planning and community development or his/her designated representative based on anticipated traffic composition.
(3) Pavement sections:
a. For street classifications I--IV. Pavement section for city streets shall be designed as follows:
1. Determine the street classification as outlined previously in this section.
2. Classify the subgrade soil according to the AASHTO Soil Classification System.
3. Refer to "minimum pavement section by street and soil classification" on page "A8" of the City of Springdale, Arkansas Standard Details for Street and Drainage Construction to determine the required structural number and suggested pavement sections.
b. For street classification V, a formal design by a registered professional engineer in the State of Arkansas based on projected traffic loads for a 20-year design period shall be required.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-54. Minimum standards for streets.
Plans and specifications for proposed streets shall equal the following minimum standards and be in accordance with the standards set forth in the "City of Springdale, Arkansas Standard Details for Street and Drainage Construction.
(1) Clearing and grubbing:
a. All trees, stumps, roots and other obstructions, not designated to remain, shall be cleared and/or grubbed in such a manner so as to not cause injury to other things designated to remain. Stump holes shall be filled with suitable material and compacted.
b. If material is to be burned, it shall comply with all applicable laws and ordinances, and shall be under the constant care of competent watchmen.
(2) Roadway excavation and embankment: Suitable material shall consist of soil or a mixture of soil, stone or gravel. It shall be free of sod, logs, stumps, roots and other deleterious matter, and it shall be capable of forming a stable embankment when compacted.
a. All suitable material obtained during the excavating operations shall be used in the construction of the roadway embankment and subgrade, and all unsuitable material shall be used behind the curb or hauled to an approved waste area.
b. All street cuts and grades shall conform to those shown on the approved plans or approved plans or approved plan changes.
c. Sod and vegetative matter shall be removed from the surface upon which an embankment is to be placed.
d. Roadway embankments shall be constructed in layers not to exceed eight inches (loose measurement), and shall be compacted at optimum to three percent above optimum moisture for that particular soil to a density, as determined by AASHTO T 191 (sand cone method) or AASHTO T 238 (nuclear method), of not less than 95 percent of the maximum density obtained by AASHTO T 99 (standard proctor). In areas where solid rock is encountered, it shall be excavated to a depth of eight inches below subgrade elevation and replaced with approved material.
e. Rock obtained during excavation operations may be placed in layers not exceeding 30 inches. The rock shall be placed in a manner that the voids between the rock fragments are filled with suitable material. The top 12 inches of the finished subgrade shall not contain rock over four inches in its greatest dimension.
f. Embankment which is adjacent to structures and inaccessible to normal compaction equipment shall be placed in four-inch (loose measurement) layers and compacted to 95 percent of maximum density as obtained by AASHTO T 99. The material shall be compacted with mechanical equipment where it is inaccessible to normal compaction equipment.
(3) Subgrade:
a. In fill sections where A-5, A-6 or A-7 soils are encountered which have an LL greater than 40 or a PI greater than 17, an approved imported embankment material shall be used in the top two feet of the subgrade; or the top eight inches of the subgrade treated with lime to reduce the PI to ten or less. In cut sections where A-5, A-6 or A-7 soils are encountered which have an LL greater than 40 or a PI greater than 17. The subgrade shall be over excavated and replaced with approved fill material to a depth as required by the director of planning and community development or his/her designated representative or the top eight inches of the subgrade shall be treated with lime to reduce the PI to ten or less. These requirements are in addition to the pavement section required based upon the soil type of the existing subgrade material.
b. The subgrade shall be prepared and maintained in such a manner as to ensure a firm foundation that is stable and free from dust pockets, wheel ruts and other defects.
c. The subgrade shall be compacted to a density, as determined by AASHTO T 191 or T 238, of not less than 95 percent of the maximum density obtained by AASHTO T 99. This shall be accomplished by scarifying as necessary, shaping and compacting to the required grade and section at optimum to three percent above optimum moisture content.
d. The finished subgrade shall be string lined to within plus or minus one-half inch of the finished grade and typical section shown on the approved plans.
(4) Utility crossings:
a. All utility lines, including service lines, shall be laid, backfilled and compacted with class seven base or other material suitable to the planning and community development director or his/her designated representative before the curb and gutter is constructed.
b. Any service or utility line crossings not placed before the pavement and curb and gutter are constructed shall be installed by boring. The procedures shall be approved by the planning and community development director or his/her designated representative, and a permit and a cash deposit or bond is required as provided in section 110-86.
(5) Curb and gutter:
a. The subgrade shall be shaped and compacted to the required grade and section as shown on the plans. All unsuitable material, including soft and yielding material, shall be removed and replaced with suitable material and compacted to the proper density.
b. All curbs and gutters shall be constructed in accordance with the details contained in the City of Springdale, Arkansas Standard Details for Street and Drainage Construction.
c. If the subgrade or drainage blanket is dry, it shall be wetted just prior to placing the concrete so the moisture will not be pulled from the concrete.
d. Curb and gutter shall not be placed on frozen subgrade. Additionally, the ambient air temperature must be 40 degrees at time of placement.
e. Curb and gutter shall be cured at 50 degrees ambient temperature for a minimum of five days.
f. All concrete shall be cured using wet burlap or a membrane curing compound meeting the requirements of AASHTO M 148, type 1-D or type two. The exposed concrete, immediately after finishing, shall be covered with one of the curing materials listed above and shall be kept continuously and thoroughly wet for a period of not less than five days after the concrete is placed. Membrane curing does not require the application of additional moisture. Satisfactory equipment and means to properly control and assure the direct application of the curing solution on the concrete surface shall be provided so as to result in a uniform coverage at a rate of one gallon for each 125 square feet of area.
g. After the concrete curb and gutter has set, the area behind the curb shall be partially backfilled before the base material is placed and compacted.
(6) Crushed stone base course:
a. The base material shall consist of a mixture of crushed stone and natural fines, and shall have a percent loss by the Los Angeles Test AASHTO T 96 not greater than 45. The material shall contain no more than five percent by weight of deleterious matter. The crushed stone base material shall meet the following gradation requirements:
The fraction passing the No. 200 sieve shall not be greater than two-thirds of the fraction passing the No. 40 sieve. The fraction passing the No. 40 sieve shall have an LL not greater than 25 and a PI not greater than six.
b. The depth of the crushed stone base course shall be within plus or minus one-half inch of the approved design depth. The average of all depth measurements shall not be less than the required depth, and any depth in excess of plus one-half inch shall not be used in computing the average depth.
c. The base course shall be placed on an approved subgrade and spread uniformly in such a manner that no segregation of course and fine particles will occur. Under no circumstances shall the base course be placed on a frozen subgrade.
d. The base course shall be constructed in layers not exceeding eight inches of compacted depth at substantially optimum moisture. The contractor must be capable of compacting the material at this depth; otherwise the material shall be placed and compacted in layers. The density of the compacted material in each layer, as determined by AASHTO T 191 or T 238, shall not be less than 95 percent of the maximum density as obtained by AASHTO T 180, (modified proctor).
e. The finished base course shall be string lined to within plus or minus one-half inch of the design section.
(7) Cement-treated crushed stone base: Cement-treated crushed stone base shall meet the requirements of the state highway commission's standard specifications for highway construction, (hereafter, referred to as the AHTD Standard Specification), for cement-treated crushed stone base course, with the following exceptions:
a. The cement-treated crushed stone base shall consist of aggregate meeting the requirements for class seven, three percent to six percent by weight of type I Portland cement, and water at plus or minus one percent of optimum. The percent of cement and water shall be determined from laboratory tests. The specimens of aggregate, cement and water must develop a compressive strength of at least 650 psi in seven days. The type of asphalt used for protection and cover for the cement-treated base will be at the option of the contractor, subject to the approval of the director of planning and community development division or his/her designated representative.
b. The cement-treated base shall not be mixed or placed while the atmospheric temperature is below 35 degrees Fahrenheit within 24 hours, or when the weather is foggy or rainy. During cold weather the cement-treated base shall be protected for seven days. When the temperature is expected to drop below 35 degrees Fahrenheit, a sufficient supply of hay, straw, or other material suitable for cover and protecting the previously placed material shall be used. Any cement-treated base, which has been damaged by freezing, or otherwise, shall be removed and replaced at the contractor's expense.
c. The crushed stone base, cement and water shall be mixed in a pug mill-type central plant, a self-propelled or self-powered traveling mixer equipped with a rotor or other approved type mixer that will thoroughly mix the base and cement at the required depth and at or near the optimum moisture content, or by other methods approved by the planning and community development director or his/her designated representative.
d. The cement-treated crushed stone base shall be placed on an approved subgrade and spread uniformly in such a manner that no segregation of coarse and fine particles will occur. Under no circumstances shall the base course be placed on a frozen subgrade.
e. The cement-treated crushed stone base shall be constructed in layers not exceeding six inches of compacted depth at substantially optimum moisture. The density of the cement-treated crushed stone base, as determined by AASHTO T 191 or T 238, shall not be less than 95 percent of the maximum density as obtained by AASHTO T 180.
f. After the cement-treated base has been finished, it shall be protected from drying by the application of approximately two-tenths gallon per square yard of bituminous material. The bituminous material shall be applied as soon as possible, but in no case later than 24 hours and maintained for seven days.
g. No vehicles shall be allowed on the cement-treated base during the seven-day curing period. Finished portions of cement-treated base that are used by construction equipment shall be protected in such a manner to prevent equipment from marring or damaging the completed work. Any damage to the cement-treated base resulting from vehicles shall be removed and replaced at the contractor's expense.
h. The depth of the cement-treated base shall be within plus or minus one-half inch of the required depth. The average of all depth measurements shall not be less than the required depth, and any depth in excess of plus one-half inch shall not be used in computing the average depth.
i. The finished cement-treated crushed stone base course shall be string lined to within plus or minus one-half inch of the typical section.
4. Trenches shall be excavated to minimum depth of 26 inches below the top of the curb or as directed by the planning and community development director or his/her designated representative.
5. Following excavation of the trench, the non-woven geotextile fabric liner shall be placed in the trench. The liner shall be of sufficient width to cover the bottom and sides of the trench and lap a minimum of one foot across the top of the granular filter material used to backfill above the top of the pipe.
(4) Density of cement-treated base. When any individual density is below 93 percent the section represented by this test will be removed and replaced. The average of all densities shall be 95 percent or greater. If the average density of the project is below 95 percent the following penalties shall be assessed: (5) Depth of asphalt-treated base or cement-treated base. The depth of the asphalt-treated base or the cement-treated base shall be within plus or minus one-half inch of the required depth. If the average of all depth measurements is less than the depth required, the deficient depth will be added to the required depth of the surface course or concrete pavement. Any depth in excess of plus one-half inch will not be used in computing the average depth.
(6) Density of ACHM binder and surface. No individual density shall be lower than 90 percent of maximum theoretical design mix density. Any section with a density below that value shall be removed and replaced. The average of all densities for the project shall be not less than 92 percent of maximum theoretical design mix density. If this average is less than 92 percent, the material shall be removed and replaced or the following penalties shall be assessed as determined by the director of planning and community development: (7) Depth of ACHM binder. The depth of the binder shall be within plus or minus one-half inch of the required depth. If the average of all depth measurements is less than the approved design depth, the deficient depth will be added to the required depth of the surface course or concrete pavement. Any depth in excess of plus one-half inch will not be used in computing the average depth.
(8) Depth of ACHM surface. The depth of the asphalt hot mix surface course shall be within plus or minus three-eights inch of the required depth plus any additional depth required due to deficient depths in the base and binder course. The average of all depth measurements shall not be less than the required depth, and any depth in excess of plus three-eights inch will not be used in computing the average depth. If the average depth is less than the required depth, it will be corrected by overlaying with additional ACHM surface, or as directed by the planning and community development director or his/her designated representative.
(9) Surface tolerance of ACHM surface. If the surface deviation is greater than one-fourth inch when checked with a ten-foot straightedge, the surface smoothness will be corrected as directed by the planning and community development director or his/her designated representative.
(10) Structural concrete strength. The average 28-day compressive strength of the two cylinders of a set shall be at least 3,000 psi. If the average strength is lower, the material shall be removed and replaced or the following penalties shall be assessed as determined by the director of planning and community development. (11) Concrete pavement strength. The average 28-day compressive strength of the two cylinders of a set shall be at least 4,000 psi. If the average strength is lower, the material shall be removed and replaced or the following penalties shall be assessed as determined by the director of planning and community development: (12) Concrete pavement depth. The concrete pavement depths shall be within plus or minus three-eights inch of the required depth plus any additional depth required as a result of a deficient subbase depth. The average of all depth measurements shall not be less than the required depth, and any depth in excess of plus three-eights inch will not be used in computing the average depth. If the average depth is less than the required depth, the material shall be removed and replaced or the following penalties shall be assessed as determined by the director of planning and community development: (13) Concrete pavement surface. The concrete surface shall not show any deviation greater than one-fourth inch when checked with a ten-foot straightedge. Any deviation greater than this shall be corrected by grinding, removing and replacing, or as directed by the planning and community development director or his/her designated representative.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-59. Licensing and bonding requirements.
(a) All corporations, firms or individuals constructing streets and/or storm drainage systems shall have a state contractor's license. Upon completion of the improvements and before acceptance by the city, a surety maintenance bond naming the city as the oblige shall be furnished by either the owner, developer or contractor. The developer shall also furnish an affidavit that all materials, supplies and labor bills have been paid.
(b) A surety maintenance bond shall be submitted on a form prepared by the city and shall be in the amount of 50 percent of the amount of the contract price for the repair, replacement where required, or cost thereof, of all work performed under the terms of the contract, where such repair or replacement is required because of defective workmanship or material, or both which becomes apparent within a period of one year from the date of acceptance by the city of such streets and/or storm drainage systems. Any suit under this bond must be instituted before the one-year term of the bond.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-60. Variations.
If any provisions of this article are shown by the developer to cause undue hardship as they apply to his proposed development, or if it is alleged there is error in any order, requirement, decision, interpretation, or determination made by the planning and community development director or his/her designated representative in the enforcement of this article, the city planning commission may grant a variance to the developer from such provisions, so that substantial justice may be done and the public interest secured; provided, that the variation will not have the effect of nullifying the intent and purpose of this article. In granting variances and modifications, the planning commission may impose such conditions, as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
--***--- Part of the rigid pavement design, and the flexible pavement coefficients do not apply.
---***--- Drainage blanket shall be a minimum of two inches and shall consist of coarse limestone screenings, AHTD class 10 mineral aggregate, asphalt stabilized base, or other drainage material approved by the planning and community development director or his/her designated representative.
(Code 1973, § 29-62; Ord. No. 3011, § 1, 9-12-00; Ord. No. 3258, § 1, 2-11-02)
Secs. 110-63--110-85. Reserved.
ARTICLE IV. Sec. 110-86. Permit requirements.
Before any person shall dig, excavate in, bore under or remove any portion of any street, alley, curb or sidewalk in the city, he shall obtain a permit issued by the city street superintendent. At the time of making application for the permit, an inspection fee of $10.00 shall be paid. An applicant for such permit shall deposit cash or a sufficient surety bond at the office of the city street superintendent before a permit shall be issued. The amount of the cash and/or bond shall be determined by the street superintendent based upon the estimated cost of the permanent repair as described under subsection (2)d below, but shall not be less than $500.00. The cash and/or bond shall be forfeited for failure to comply with the rules of public safety, failure to close the opening as quickly as possible, failure to complete the backfill and repair in accordance with specifications, failure to complete the necessary cleanup, or causing unnecessary inconvenience or damage to vehicular or other traffic.
(1) Jacking or boring. The depth of bury on installations which are jacked or bored under any street shall have a minimum depth of bury of 2 1/2 feet below the low points of the street cross section to the top of the pipe or casing, or 3 1/2 feet below the bottom of the pavement structure (top of subgrade) to the top of the pipe or casing, whichever gives the greatest depth. If the pavement structure is damaged by the jacking or boring installation, it shall be repaired in accordance with subsection (2) below.
(2) Street cuts. All street cuts shall be made and repaired in accordance with methods approved by the planning and community development director or his/her representative, depending on the type of street surfacing.
a. The person making the street cut shall saw-cut the pavement in a smooth straight line before any excavation commences. Flares, barricades, warning signs and other warning devices as required in the current edition of the MUTCD shall be used to protect the public from harm. The city street superintendent or his authorized representative shall inspect the street opening before any class 7 backfill is placed in the opening and during the backfill operation. The backfill shall be watered and compacted by machine tampers to a density of 95 percent of AASHTO T 180. A temporary patch of two inches of cold-mix asphalt shall be used over the top of the backfill matching the existing grade of the street surface. The city street department shall make the permanent repair in accordance with City of Springdale, Arkansas Standard Details for Street and Drainage Construction.
b. If it is necessary to make a street cut during off-duty hours, the person making the cut shall notify the city police department. Normal duty hours are from 7:30 a.m. until 4:00 p.m. Monday through Friday with the exception of holidays. The city street superintendent or his authorized representative shall inspect all street cuts made during off-duty hours. An extra charge in the amount of $15.00 per hour shall be billed to the person making the cut during off-duty hours to compensate the city street superintendent or his authorized representative.
c. The person who makes the street cut shall be responsible for making any needed repairs due to settling of the cut or loss of cold mix asphalt for a period of 90 days from the time the temporary patch is completed, or until the permanent repair is completed by the city street department, whichever comes first.
d. After the temporary patch is complete, the city street superintendent or his authorized representative shall make a final inspection and measure the width and length of the street cut. The cost of the permanent repair shall be billed at the rate of $6.00 per square foot with a minimum charge of $50.00 per street cut. The cash and/or bond deposited with the city shall be returned to the applicant after the applicant has paid for the cost of the permanent repair, and the final cleanup of the trench cut is complete.
(3) Curb cuts for driveways. Curb modifications for driveways shall be in accordance with this section. The street superintendent or his authorized representative shall inspect the curb cut after the excavation for the driveway is complete and before any base material, asphalt or concrete is placed for the construction of the driveway. A final inspection shall be performed after the driveway construction and cleanup is complete. The cash and/or bond deposited with the city shall be returned to the applicant when the curb modification is completed in accordance with this section.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-87. Exceptions to permit requirements.
Whenever a building permit has been issued to construct, alter or repair a building, and a curb cut is required, the chief city inspector shall be responsible for issuing curb cut permits. The $10.00 inspection fee and requirement of cash and/or bond to be deposited with the city shall be waived. The same construction and inspection procedures as outlined above under section 110-86 shall be followed, with the exception that the chief city inspector or his representative shall be responsible for making all inspections.
(Ord. No. 3258, § 1, 11-12-02)
Secs. 110-88--110-110. Reserved.
ARTICLE V. Sec. 110-111. Installation or improvement of sidewalks, curb and gutter, street paving or widening, drainage improvements.
(a) Whenever any lot, tract or parcel of land is developed by any person or entity, whether or not a structure is to be built thereon, the city, in accordance with the master street plan, the comprehensive land use plan, and this chapter, may require the owner of the property being developed to install or construct sidewalks, curb and gutter, pave or widen the existing street, or install or construct drainage facilities, in accordance with all applicable regulations herein affecting construction of those specific improvements, on or along such owner's property or the existing rights-of-way abutting such property.
(b) For purposes of this section, "develop" and "development" shall be defined as the commencement of construction of any visible improvements of any kind upon any previously undeveloped parcel of land.
(c) If the property owner shall fail or refuse to comply with the provisions thereof, in the manner and within the time therein prescribed, the city may contract with some suitable person for the construction, reconstruction or repair of such improvements, on the best terms that can be made and in the manner prescribed herein, after giving reasonable notice to the owner or the agent in charge of the property of an intention to do so.
(d) The city may pay any person so hired to construct, reconstruct or improve such improvements, and the amount so paid to such person by the city, together with six percent penalty added thereof, shall constitute a charge against the owner of the property and shall be a lien on the property from the date of the commencement of the work with the charge and lien to be enforced and collected by the city as provided by state law.
(e) In instances where strict enforcement of such requirements would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of a variance is demonstrated to be within the spirit and intent of the provisions of this chapter, the planning commission may grant requests for variances of any requirements of this chapter, either by modifying or waiving such requirements to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public interest.
(f) Following notification of the requirement of installation of certain improvements by the planning and community development director or his/her designated representative, a property owner aggrieved by the planning and community development director or his/her designated representative's decision may appeal such action to the planning commission, provided that the appellant states specifically in writing to the planning and community development director or his/her designated representative why he considers the findings and decision are in error. Such appeal shall be filed with the city clerk within 30 days from the date of the planning and community development director or his/her designated representative written notice of decision, and shall be scheduled for review at the next regular meeting of the planning commission, at which time the decision may be affirmed, reversed or modified at the discretion of the planning commission.
(g) Any person failing to comply with the provisions of this chapter shall be deemed to have violated this chapter, and shall be subject to the provisions and procedures set forth in section 1-9 of this Code.
(Ord. No. 3258, § 1, 11-12-02)
State law reference(s)--Authority to require developer to install improvements, A.C.A. § 14-56-117(b)(1)(c); enforcement of such ordinances and regulations, A.C.A. § 14-56-421; authority to pay for improvements and impose liens on property, A.C.A. § 14-301-106.
Secs. 110-112--110-130. Reserved.
ARTICLE VI. Sec. 110-131. Purpose.
This article establishes a system for assigning street names and address numbers which will assist the public and private sector in locating individual streets, buildings and places in any easy and logical manner and for the protection of public health and safety of all persons living, working or visiting in the city.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-132. Street address map, street name index.
(a) The official street address map is a part of this article and is incorporated herein by reference. The map shall identify all named streets, numbering centerlines and block numbering grids which specify address number ranges. A typical section of land shall be divided into 16 blocks, or grids, north/south and east/west. Each grid interval shall be 330 feet, except in nonstandard grids identified on the map. The map shall also have letters at the top and bottom and numbers on the side borders at half-mile intervals, for reference with the official street name index.
(b) The official street address map and street name index shall be automatically updated upon final plat approval of any plat or large scale development. Each document shall have a revision block which lists the date and ordinance number of the latest change.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-133. Centerlines.
Emma Avenue and its extension to the city's east and west planning area boundaries shall be the centerline street for north and south address numbers. Mill Street and its extension shall be the east and west centerline for east and west numbering north of Emma Avenue to the city's planning area boundary. The centerline street immediately south of Emma Avenue shall be Holcomb Street to the intersection of Caudle Avenue, after which the centerline shall become Turner Street and its extension to the southern boundary of the city's planning area.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-134. Street names.
(a) Street. For the purposes of this article, the word "street" shall mean all roadways, public and private, open for general public travel. Access drives to apartment and commercial complexes shall not be considered as streets and shall not be named as such.
(b) East/west, north/south, collector, arterial streets. Streets running east and west shall be identified with the suffix "avenue." Streets running north and south shall be identified with the suffix "street." Collector and arterial streets running north/south and west of 40th Street shall be given a numbered designation equal to their grid reference divided by 100.
(c) State, federal highways as streets. Streets which are also state or federal highways will be identified by their local street name followed by their state or federal designation in parentheses on the official street name and address reference map, for example, "S. Thompson St. (Ark. 71B)."
(d) Cul-de-sac. Cul-de-sac streets which have only one entrance/exit shall not be called "avenue" or "street," but shall have a suffix name such as "cove," "lane," "place" or "terrace" to indicate their dead-end nature.
(e) Loop streets. Loop streets are circular or rectangular streets which begin at one point and end at another point along a common street and do not connect to any other streets. The street name suffixes on these streets must not be "street" or "avenue," but shall be "loop," "circle," "court" or other name indicating a closed street layout.
(f) Street name index. An official street name index shall be maintained which shall list every named street on the map with an alphanumeric reference to assist users in locating streets on the map.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-135. Methods for determining address numbers.
(a) Odd, even numbering. Address numbers shall be even on the north and west sides of the street and odd on the east and south sides of the street. One hundred numbers shall be assigned to each identified grid block with the lowest number beginning at a point nearest the grid centerline. Address numbers shall be determined by the number grid in which the property is located. Address numbers for property in central areas with no grid shall be assigned in relation to adjacent addressing.
(b) New residential subdivisions, unplatted residential and non-residential buildings. In new residential subdivisions each standard-sized lot shall be given a preassigned street number by the planning office upon final plat approval. Address numbers shall be assigned to large lots relative to their capacity to be divided into two or more minimum sized lots for the minimum width allowed by the zoning district. In commercial areas addresses will be assigned to lots of one acre, or more, as development plans for those lots are approved, prior to building permits being issued.
(c) Address numbers for all lots shall be determined by calculation. The distance from the center of the property to the last corner of grid shall be measured to get a location number. The location number is then added to the block number to get the address. If the block number is 1200 and the location number is 43, the address is 1243 or 1244 depending upon which side of the street the building is placed.
Location No. + (distance corner to property/total block length) 100. Address + block no. + location no.
In other words, the address is the percent of the total distance into the block plus the block number.
(d) Changes in number series. When street intersections are within 120 feet of a grid line, the number series change shall be made at the intersection to be more logical to the public. When a long block faces two blocks divided by a street, the number series on the long block shall change at the intersecting street so that houses facing each other will have compatible addresses.
(e) Diagonal and curving streets. Diagonal streets which run 45 degrees or less from a north/south line will be numbered by the north/south grid and those more than 45 degrees from the north/south line will be numbered by the east/west grid. Curving streets will be assigned numbers based upon the grid of their greatest length. For instance, if the beginning is more south than west of the end, then the north/south grid will be used.
(f) Loop streets and cul-de-sac. On loop streets and cul-de-sac streets, address numbering shall begin at the entrance nearest the grid centerline and increase to the opposite end as if the street were in a straight line. Block number changes will be made every 330 feet with odd and even numbers remaining on the same side of the street as they began.
(g) Apartments:
(1) Apartment buildings on public streets or private drives shall be assigned individual addresses. Apartments clustered about a central parking area immediately facing a public street shall also be assigned separate street addresses.
(2) When apartments are arranged along a private street, addresses can be assigned from this private street. A sign showing the apartment complex name, with the street address below it, must be posted at the entrance. In these instances a central postal facility for all apartments must be located so it is readily accessible to a mail carrier from the public street serving the complex.
(3) Each apartment must be identified on the exterior entrance by number or building letter and number for multiple buildings. The numbers shall be in sequence 1, 2, 3, etc. Apartments in lettered buildings shall have the building letter as part of each apartment number, such as B-210. When units are on multiple floors, ground floor numbers shall be in the 100 series (101, 102, 103), second floor in the 200 series 201, 202, 203), etc. If a common hallway is used for several apartments, the external hallway entrance to each apartment shall contain a list of the apartments served. When addressing townhouses and other buildings containing units separately owned, each address shall be placed on the principal external entryway to the unit.
(4) The official address for each apartment shall be the building address followed by the apartment number, for example, "329 Fernway Street, Apt. 8". Addresses for units in apartment buildings not on a public street shall include the public street address and the building number with the apartment designation. The official address for each apartment will be the public street address followed by the building letter, a dash, and the apartment number, for example, "329 Fernway Street, Apt. C-104."
(h) Mobile home parks:
(1) When trailers are arranged along a private street within mobile home parks, each private street within the mobile home park shall be named and a sign, as required by this Code for other private streets, shall be erected on each private street within the mobile home park.
(2) Each mobile home on such private street shall then be identified in numerical sequence as determined by calculation within the grid box. The number shall be placed in a conspicuous place on that part of the trailer closest to the street and all mobile homes within the park shall be marked in the same location of the trailer. Address numbers shall be a minimum of three inches high with block letters and shall be visible from the street. Even numbers shall be assigned to the trailers on the north and west sides of the private street and odd numbers on the east and south sides of the street. All other provisions of section 110-136 on the installation of the numbers and the type of number to be placed upon the mobile home shall be as set out in section 110-136 of this Code.
(3) It shall be the requirement of the mobile home park owners, who are registered with the city, to make sure that each private street within the mobile home park is properly named and such name shall be approved in advance by the planning and community development director or his/her designated representative, and it is further the responsibility of the mobile home park operator to make sure that each mobile home is properly addressed and the number posted as set out herein and as set out in section 110-136 of this Code.
(i) Commercial/office buildings:
(1) Commercial/office buildings on public streets or private streets shall be assigned individual addresses. Commercial/office buildings clustered about a central parking area immediately facing a public street shall also be assigned separate street addresses.
(2) When a commercial/office building complex is arranged along a private driveway or around a private parking area the complex shall be addressed off the public or private street serving the complex. In these instances, a central postal facility for all commercial/office buildings and suites must be located so it is readily accessible to a mail carrier from the public street serving the complex.
(3) Each suite/unit in a commercial/office building must be identified on the exterior entrance by number or building letter and number for multiple buildings. The numbers shall be in sequence 1, 2, 3, etc. Suites/Units in lettered buildings shall have the building letter as part of each suite/unit number, such as B-210. When units are on multiple floors, ground floor numbers shall be in the 100 series (101, 102, 103), second floor in the 200 series 201, 202, 203), etc. If a common hallway is used for several suites/units, the external hallway entrance to each commercial/office building shall contain a list of the suites/units served.
(4) The official address for each commercial/office suite shall be the building address followed by the suite number, for example, "329 Fernway Street, Suite 1". Addresses for units in commercial/office buildings not on a public street shall include the public street address and the building number with the suite designation. The official address for each suite will be the public street address followed by the building letter, a dash, and the suite number, for example, "329 Fernway Street, Suite C-1."
(5) All commercial/office buildings in existence on the effective date of this section shall be brought into compliance with this section no later than January 1, 2008.
(Ord. No. 3258, § 1, 11-12-02; Ord. No. 4041, § 1, 3-27-07; Ord. No. 4046, § 1, 4-10-07)
Sec. 110-136. Signs, numbers and system maintenance.
(a) Installation, maintenance of street signs. Public and private street signs shall be installed at the expense of the original developer and thereafter maintained by the city street department.
(b) Private street signs required. Private street signs shall be required. They shall conform to the public street sign standards, except that they shall have a blue background with white letters.
(1) Installation; removal of nonconforming signs by street department. Only street name signs which are authorized by the street department shall be installed within the corporate limits of the city. All street name signs, public or private, found not the conform with this article shall be removed by the street department. Nonconforming, damaged or deteriorated public street signs shall be replaced as soon as practical by the street department.
(2) Requests for installation on existing streets. Requests for private street signs on existing streets shall be submitted to the city clerk. The city clerk shall forward authorization to the street department immediately upon completion, after which the street department shall have the sign prepared and installed as soon as possible.
(c) Address numbers assigned by city. Address numbers shall be assigned by the city and shall be installed by the builder before final inspection and shall be the owner's responsibility thereof.
(d) Replacing address numbers; notice. Replacement of address numbers is required within 15 days after written notice to the owner by the chief city inspector. New and replacement numbers must be placed so that they will be clearly visible from the street of primary access to the building.
(e) Size, color, location of address numbers. Address numbers shall be a minimum of three inches high with black block letters on a white background and shall be visible from the street. Other colors which have sufficient contrast to be read from the street under normal nighttime conditions may be approved by the chief city inspector. The numbers shall be placed as near as possible to the primary entrance of the building and preferably above the entrance doorway. The location, style, size and color of the required numbers shall be approved by the chief city inspector. Appeals concerning numbers shall be made to the city council.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-137. Name and number assignment review, approval.
(a) Official records maintained. Official records of address numbers shall be maintained by the planning and community development division. The city council shall have the final authority to change any assignment upon an appeal by any affected party.
(b) Proposed names and changes. All proposed street names and name changes shall be reviewed for continuity with this article by the director of planning and community development who shall recommend alternative names when a proposed name duplicates or is so similar to an existing name that confusion could hamper prompt delivery of emergency services. Appeals of street name assignment can be made to the planning commission. The city council shall have the final authority to change any assignment upon an appeal by any affected party.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-138. Proposed amendments; hearing, notice.
On any proposed amendments to the regulations in this article or to the street address map, the planning commission shall hold a public hearing, a notice of which shall be published in a local newspaper of general distribution at least 15 days prior to the date of the hearing. Following the public hearing, the city council may adopt the amendment or amendments as recommended by the planning commission or as determined by a majority vote of the city council.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-139. Penalty.
Any person failing to comply with the provisions of this article shall, upon conviction thereof, be subject to the penalties in section 1-9, plus prosecution costs for each offense.
(Ord. No. 3258, § 1, 11-12-02)
ARTICLE VII. DIVISION 1. Sec. 110-161. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Group demonstration means any assembly together or in concert of action between two or more persons for the purpose of protesting any matter or making known any position or though of the group or of attracting attention to such demonstration.
Parade means any parade, march, ceremony, show, exhibition or procession of any kind in or upon the public streets, sidewalks, and parks or other public places.
Picket line means any group of persons formed together for the purpose of making known any position or promotion of such persons or on behalf of any organization.
(Ord. No. 3258, § 1, 11-12-02)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 110-162. Exceptions.
This article shall not apply to:
(1) Funeral processions.
(2) Students going to and from school classes or participating in educational activities where such activity is under the immediate supervision and direction of proper school authorities.
(3) A governmental agency acting within the scope of its functions.
(4) The Rodeo of the Ozarks Parade, which is held annually in Springdale on July 1 and July 4.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-163. Unlawful interference.
No person shall hamper, obstruct, impede or interfere with any parade or demonstration or any person participating therein, and the police force is authorized to establish lines for separation of the general public from such activity. It shall be unlawful to violate the provisions of this section or to cross such lines.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-164. Participation of minors.
In any parade, picket line or group demonstration, it shall be unlawful:
(1) For any minor below the age of 18 years to participate or be allowed to participate, unless such participation is authorized by the permit; and any person encouraging, leading or allowing such a minor to so participate, unless a permit therefore has been issued, shall be guilty of a violation of this section.
(2) For any person to lead, guide, participate in or in any way support or encourage a parade, picket line or group demonstration when a minor below the age of 18 years is participating therein, unless a permit for participation by the minor has been issued.
(3) For any parent to knowingly permit any minor child of such parent under 18 years of age to participate in a parade, picket line or group demonstration, unless a permit for participation by the minor has been issued.
(4) To cause, participate in, lead or encourage the deviation of any parade, picket line or group demonstration in any manner from the authority specified in the permit.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-165. Heavily traveled areas.
Any picket line or group demonstration that takes place in any area subject to normally heavy pedestrian or vehicular traffic may be limited in the permit issued to a concentration of not more than six persons participating within any designated area of the street or sidewalk; provided, that the officer issuing the permit may specify a larger number in the designated area when in his judgment conditions permit a higher concentration. A designated area is defined as the entire width of the street or sidewalk within a distance measured along its length of 100 feet.
(Ord. No. 3258, § 1, 11-12-02)
Secs. 110-166--110-175. Reserved.
DIVISION 2. Secs. 110-176. Required.
No parade, picket line or group demonstration shall be permitted on the sidewalks or streets of the city unless a permit therefore has been issued by the city; provided, that nothing in this article shall be construed to prevent the peaceful assembly of any group for orderly expression or communication between those assembled.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-177. Authority to issue; application.
The chief of police, or in his absence the next highest ranking officer of the police force on duty, shall have the authority to issue permits as required in this article, and in the issuance thereof shall require a written application to be filed 24 hours in advance of the parade, picket line or group demonstration on a form prescribed by the police department that shall require the application to be signed by the person filing the application. The applicant shall therein state the proposed place, time, purposes and size of the proposed parade, picket line or group demonstration, and whether any minors below the age of 18 years will participate.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-178. Contents.
(a) Participation of minors. The chief of police, or in his absence the next highest ranking police officer on duty, shall determine and specify in the permit required by this article whether minors below the age of 18 years will be permitted to participate in the parade, picket line or group demonstration. He shall base his determination upon whether the purpose, time or place of the participation will be detrimental to or endanger the health, welfare or safety of such minors.
(b) Parade route, time, etc. The permit may set the starting time and duration of the parade, demonstration or picket line and may set the speed of its travel, the space between persons or vehicles, the portions or areas of the streets and sidewalks to be used, the length of the parade, group or line, and such other requirements as the police chief or other designated officer may include in the permit for the control of free movement of traffic upon the streets and sidewalks, or for the health, safety and property rights of the participants and general public. Failure to comply with the requirements set forth in the permit shall be unlawful.
(c) Person in charge. The applicant for permit shall specify and the permit shall designate the person in charge of the parade, group demonstration or picket line; and such person in charge shall accompany the parade, demonstration or picket line and shall carry such permit with him at that time.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-179. Officials to be notified upon issuance.
Immediately upon the issuance of a permit under this article, the chief of police should give notice thereof to the following:
(a) The mayor;
(b) The city attorney; and
(c) The fire chief.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-180. Refusal to issue.
(a) The chief of police, or in his absence the next highest ranking police officer on duty, shall refuse to issue a permit under this article when the activity or purpose stated in the application would violate the provisions of this Code, any other ordinance of the city, or any statute of the state, or when the activity or purpose would endanger the public health or safety, or hinder or prevent the orderly movement of pedestrian or vehicular traffic on the sidewalks or streets of the city.
(b) The chief of police or other designated officer, in considering the issuance of a permit shall, among other considerations provided, consider and find as a requisite for issuance that:
(1) The activity will not require excessive diversion of police from other necessary duties.
(2) The activity will not interfere with the right of property owners in the area to enjoy peaceful occupancy and use of their property.
(3) The activity can be conducted without unreasonable interference with normal vehicular or pedestrian traffic in the area, will not prevent normal police or fire protection to the public, and will not be likely to cause injury to persons or property, provoke disorderly conduct or create a public disturbance.
(c) No parade, picket line or group demonstration shall be permitted within any public building or structure.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-181. Appeals from refusal to issue.
Any person aggrieved by the denial of a permit under this article shall have a right of appeal to the mayor, but notice of such appeal must be given within five days after denial. The appeal upon such notice shall be heard by the mayor within five days.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-182. Revocation.
Upon violation of the terms of a permit under this article by those participating, the chief of police or such officer of the police force as may then be in charge, is authorized to revoke the permit and direct those participating to disperse.
(Ord. No. 3258, § 1, 11-12-02)
Sec. 110-183. Block party permits.
The city administration is authorized to issue block party permits and collect a permit fee of $25.00 for each permit.
(Res. No. 56-01, 6-26-01)
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HTML documents authored by Municipal Code Corporation
IN GENERAL
SIDEWALK CONSTRUCTION
STREET AND STORM DRAINAGE CONSTRUCTION
Total percent retained by weight Size of Sieve Class 7 Base 1 1/2" 0 3/4" -- 3/4" 10--50 #4 50--75 #40 70--90 #200 90--97
Property Test Procedure Value Weight, oz./sq.yd. ASTM D-1910 4.1 min. Thickness, Mils ASTM D-1777 40 min. Tensile strength, lbs. ASTM D-1682 115 min. Elongation, % ASTM D-1682 55 min. Puncture strength, lbs. ASTM D-751 (modified) 70 min. Mullen burst strength, psi ASTM D-751 260 min. Coefficient of permeability, cm/sec. Constant Head 0.10 min.
Percent Percent of cost of in-place material 94.5 to 94.9 10 94.0 to 94.4 25 93.0 to 93.9 50 Below 93.0 Remove and replace
Percent Percent of cost of in-place material 94.5 to 94.9 10 94.0 to 94.4 25 93.0 to 93.9 50 Below 93.0 Remove and replace
Percent Percent of cost of in-place material 91.5 to 91.9 5 91.0 to 91.4 10 90.5 to 90.9 25 90.0 to 90.4 50 Below 90.0 Remove and replace
Psi Percent of cost of in-place material 2,750-2,999 10 2,500-2,749 15 2,250-2,499 25 2,000-2,249 50 Below 2,000 Remove and replace
Psi Percent of cost of in-place material 3,500-3,999 10 3,000-3,499 15 2,750-2,999 20 2,500-2,749 25 2,250-2,499 50 Below 2,250 Remove and replace
Deficient depth Percent of cost of in-place material Req. depth to -- 1/8 inch 5 Minus 1/8 to 1/4 inch 10 Minus 1/4 to 3/8 inch 15 Minus 3/8 to 1/2 inch 25 Minus 1/2 to 5/8 inch 35 Minus 5/8 to 3/4 inch 50 More than -- 3/4 inch Remove and replace
Type of material Material coefficient inch of material Minimum layer thickness (inches) Portland cement concrete pavement ---***--- 5 Drainage blanket ---***--- 2 ACHM surface course 0.44 2 ACHM binder course 0.44 2 Asphalt stabilized base (black base) 0.25 4 Cement-treated crushed stone base 0.25 4 Treated subgrade 0.00 6 Crushed stone base (SB-2 or SB-3) 0.14 4 Gravel base course (GB-2 or GB-3) 0.11 4 Soil cement (400 to 600 PSI) 0.20 6 Levelup course 0.00 Thickness as Needed
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