[HISTORY: Adopted by the City Council of the City of Altoona 4-13-2016 by Ord. No. 5675. Amendments noted where applicable.]
A.
CITY
PERSON
PUBLIC GROUND
As used in this chapter the following words shall have the meaning
set forth:
The City of Altoona.
Includes any individual, corporation, partnership, association,
firm, or other legal entity.
Any property (real and/or personal) owned and/or controlled
by the City, located within or outside the City.
B.
The singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and the neuter.
All other words shall have their ordinary meaning.
No person shall possess, destroy, injure, tamper with or deface
any public property of the City of Altoona or any grass, walk, lamp,
ornamental work, building or street light on or in any of the streets,
alleys, sidewalks, and/or other public grounds owned and/or controlled
by the City of Altoona.
No person shall in any manner possess, interfere or meddle with,
or pull, drive, change, alter, or destroy any stake, post, monument,
or other marking, made, placed or set, or hereafter made, placed or
set, or caused to be done by the authorities of the City of Altoona
to evidence the location, elevation, line, grade, corner, or angle
of any public street, alley, sidewalk, curb, gutter, drain, and/or
other public work public ground or thing.
No person shall possess, destroy, remove, deface, obliterate
or cover up any lamp, sign or barricade erected as a warning of danger
by the authorities of the City of Altoona or by any person doing work
by permission of the authorities of the City of Altoona on any of
the streets, alleys, sidewalks, or bridges and/or on any public ground
of the City of Altoona.
No person shall take, or have in their possession any earth,
stone, or other material from any street, alley, and/or other public
grounds owned and/or controlled by the City of Altoona.
No person shall pour, throw or deposit any harmful or destructive
substance or matter on any street, alley, sidewalk and/or public grounds
owned and/or controlled by the City of Altoona and/or property not
owned by the person causing the said deposit.
A.
Exceptions. This chapter shall not apply to normal activities in
connection with construction, maintenance and repair of streets, alleys,
sidewalks, and public grounds and the structures and fixtures located
thereon or therein, or to incidental results of work done thereon
or therein upon permit from or by authority of the City of Altoona.
B.
Precautions. Any person required to obtain a permit from the City
of Altoona or other entity, for construction and/or demolition of
any structure which, in the opinion of the City and/or other official
responsible for issuing any such permit, has the potential for causing
harmful substances to be deposited on any street, alley, sidewalk
of the City and/or other Public Grounds, and or in any way damage
any such public grounds shall:
(1)
Provide with the permit application:
(a)
A site plan of the area, including any street, alley and/or
other public ground and/or any property (real and/or personal) not
owned by the person applying for the said permit, within 200 feet
of the area in which the permitted work will be undertaken; and
(b)
A traffic control plan; and
(c)
A schedule for any work requiring more than 24 hours to complete.
(d)
Protection plan for the 200 feet of area for the public ground
and/or property (real or personal) not owned by the person applying
for the permit.
(e)
Such other measures as may be required by the City due to any
unique circumstances related to the area in question.
(2)
Furnish, and/or cause to be furnished, prior to the issuance of any
such permit, an irrevocable letter of credit from a state or federally
chartered and insured lending institution and/or bond or other type
of financial security (collectively "financial security"), to the
City of Altoona in the amount of 110% of the total cost estimate for
replacement of that part of the street, alley, sidewalk and/or other
public ground and/or property (real or personal) not owned by the
person applying for the permit, that the City deems to be possibly
affected by work being performed pursuant to said permit as indicated
within the two-hundred-foot area set forth on the above required site
plan. Said financial security shall be in a form acceptable to the
City of Altoona. If following furnishing of such financial security,
at any time the City reasonably determines that there is insufficient
financial security in place, said person shall, within 10 days of
notice by the City, supply such amount of financial surety as may
be determined solely by the City to be necessary.
A.
Enforcement. Any police officer and/or other person authorized by
the City of Altoona may enforce the provisions of this chapter.
B.
Penalty. Any person who shall violate any provision of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $100 and not more than $1,000 plus the cost of prosecution,
and/or be sentenced to imprisonment for a term not to exceed 90 days.
Every day that a violation of this chapter continues shall constitute
a separate and distinct offense which shall be subject to the aforesaid
penalties.
C.
Removal by City. In the event any harmful substance is deposited
on any street, alley, sidewalk or public grounds, in the interest
of the public health, safety and welfare, the City may remove or cause
to be removed any such harmful substance at the sole cost and expense
of any and/or all persons responsible for depositing such harmful
substance through any manner available to the City of Altoona for
collecting such cost and expense, including, but not limited to, a
municipal lien being filed against the private property from which
the harmful substance emanated.
