Article 3. Streets


§8-301               STREETS; BUILDING MATERIALS AND EQUIPMENT. (1) Persons engaged in the erection, construction, reconstruction, wrecking or repairing of any building or the construction or repair of any sidewalk along any street, may occupy the public space with building materials and equipment as provided herein. Such persons shall make written application to the Street Commissioner to so occupy the public space desired.

             (2)        No permit for the occupancy of the sidewalk space and more than one-third (1/3) of the roadway of the public space adjacent to the real estate on which a building is to be constructed, erected, reconstructed, wrecked or repaired shall be granted; and provided further, a suitable passageway for pedestrians shall be maintained within the public space included in the permit, which passageway shall be protected and lighted in the manner required by the Street Commissioner. (Ref 17-557 RS Neb.)


§8-302               STREETS; ROOT OBSTRUCTIONS. Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property, or wholly upon the abutting property, but so close to the lot line as to interfere with the making of any public improvement, or so that the roots thereof interfere with any sewer or drain, street or sidewalk, may be removed by the Street Commissioner pursuant to procedure set forth in this Code relating to overhanging branches, trees, shrubbery and bushes. (Ref 17-557 RS Neb.)


§8-303               STREETS; PRIVATE CURBS. It shall hereafter be unlawful for any person to construct, build or place or cause to be constructed, built or placed any curbing of cement, concrete, iron, stone, brick or other similar substance across the space where a crossing is or may hereafter be placed, except on plans approved by Street Commissioner and then by a three-fourths (3/4) vote of all the members required to be elected by the City Council and approved by the Mayor and placed under the direction of the said Street Commissioner. (Ref 17-555 RS Neb.)


§8-304               STREETS; EAVES AND GUTTER SPOUTS. (1) It is hereby declared unlawful for any person to erect or maintain any dwelling house or business building within the corporate limits of the Municipality, where the dwelling or building abuts on any sidewalk or street without providing proper guttering and cave spouts to receive the waste waters that drip on the streets and sidewalks of the Municipality. It shall be the duty of every person erecting or maintaining any dwelling house, or business building within the Municipality that abuts on any sidewalk or street, to provide suitable guttering and cave spouts to receive the waste waters that drip on any sidewalk or street.

             (2)        All eave spouts erected on any dwelling house or business building within the Municipality, shall be constructed to drain properly.


§8-305               STREETS; PLOWING UP STREETS. It shall be unlawful for any person to plow up any of the public highways, streets or alleys of the Municipality.


§8-306               STREETS; GASOLINE PUMPS. No gasoline pump shall hereafter be constructed, located or installed in the sidewalk space along any street within the Municipality, and the construction, location or installation of any gasoline pump or any storage tank connected therewith beyond the building line or lot line or the servicing of any motor vehicle while standing beyond the building line or lot line of any portion of any street is hereby prohibited.


§8-307               STREETS; HARMFUL LIQUIDS. It shall be unlawful for any person to place or permit to leak in the gutter or upon any street pavement in the City, any waste gasoline, kerosene, high lubricating oils or other liquids which harm or deteriorate the pavement.


§8-308               STREETS; MIXING CONCRETE. It shall be unlawful for any person to mix any concrete or plastering materials directly on the pavement or to use the pavement as a mixing board for such materials.


§8-309               STREETS; MANHOLES. It shall be unlawful for any person to use any manhole in the streets and alleys of the Municipality for anchorage or for any purpose other than that for which it was built. No person except the Sewer Commissioner or his duly authorized agents, shall enter or open any such manhole.


§8-310               STREETS; STAKE MARKS. It shall be unlawful for any person to break, remove or destroy any stone or stake, landmark or corner that marks any street, block, lot or public ground, except by proper authority.


§8-311               STREETS; HEAVY EQUIPMENT. It shall hereafter be unlawful for any person or person to move or operate heavy equipment across any curb, gutter, bridge, culvert, sidewalk, crosswalk, or crossing on any unpaved street without first having protected such curb, gutter, bridge, culvert, sidewalks, crosswalk, or crossing with heavy plank sufficient in strength to warrant against the breaking or damaging of such curb, gutter, bridge, culvert, sidewalk, crosswalk, or crossing. Hereafter, it shall be unlawful to run, drive, move, operate, or convey over or across any paved street a vehicle, machine, or implement with sharp discs or sharp wheels that bear upon said pavement; with wheels having cutting edges; with wheels having lugs, any protruding parts, or bolts thereon that extend beyond a plain tire so as to cut, mark, mar, indent, or otherwise injure or damage any pavement, gutter, or curb; provided, where heavy vehicles, structures, and machines move along paved or unpaved streets the Municipal Police are hereby authorized and empowered to choose the route over which the moving of such vehicles, structures, or machines will be permitted and allowed. Nothing in this section shall be construed to apply to pneumatic tires with metal or metal-type studs not exceeding five-sixteenths (5/16) of an inch in diameter inclusive of the stud-casting with an average protrusion beyond the tread surface of not more than seven sixty-fourths (7/64) of an inch between November 1, and March 15; provided, that school buses and emergency vehicles shall be permitted to use metal or metal-type studs all year; it shall be permissible to use farm machinery with tires having protuberances which will not injure the streets. It shall be permissible to use a rubber tired crane with a fixed load when such vehicle will be transported on a state highway or on any road within the corporate limits of the Municipality; provided, the Municipality has authorized a one-day (1) permit for the transportation of the crane and specified the route to be used and the hours during which the crane can be transported, such vehicle is escorted by another vehicle or vehicles assigned by the Municipality, and such vehicle̓s gross weight does not exceed the limits set out in 60-6,294(10) RS Neb. It shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other condition tending to cause a vehicle to slide or skid. (Ref 60-6,250 RS Neb.)


§8-312               STREETS; GRADES ESTABLISHED. The grades for curb lines heretofore established for the City of Henderson are hereby incorporated by reference in this section the same as though spread at large herein.


§8-313               STREETS; GRADING. The Municipality may provide for the grading of any street, avenue or alley only upon the affirmative vote of two-thirds (2/3) of the City Council.


§8-314               STREETS; REPAIR. The Municipality may provide at any time for the repair of any street, avenue or alley. Where the Municipality does not have sufficient funds to purchase equipment to maintain and keep the streets in repair, the Municipality may then contract with the County for such services. The Municipality shall have the power to levy a tax according to law for the purpose of grading and repair. (Ref 17-508,17-508.01, 17-508.02 RS Neb.)


§8-315               STREETS; IMPROVEMENTS. All street improvements, including the levy of a tax for the payment thereof, shall be in accordance with the applicable provisions of the laws of Nebraska relating thereto. (Ref 17-509 RS Neb.)


§8-316               STREETS; EXCAVATIONS. (1) No person other than the Street Commissioner or employees under supervision of the Street Commissioner or plumbers working under construction permits, shall excavate or open any street, alley or other public grounds in the Municipality except as herein provided. Such work will not be begun without first obtaining a permit to do so through the Municipal Clerk.

             (2)        No permit shall be issued until a bond or a policy of public liability insurance is filed in the office of the Municipal Clerk in the sum of one thousand dollars ($1,000.00), unless a bond or policy of insurance in a greater amount be required by other provisions of this Code, executed by an approved corporate surety, conditioned that such person, persons or corporation will indemnify and keep the Municipality harmless from any and all liability from accidents and injuries caused by the opening of the street. (Ref 17-567 RS Neb.)


§8-317               STREETS; PIPES AND CONDUITS. No water pipe, underground electric line or telephone conduit shall be laid in the same trench with the sewer pipe in any street, alley or public grounds in the Municipality, or nearer than three (3) feet to any sewer pipe. No underground electric line shall be laid in the same trench with any water pipe, sewer pipe or telephone conduit in any street, alley or public grounds or nearer than three (3) feet to any such pipes or conduits. (Ref. 17-567 RS Neb.)


§8-318               STREETS; PAVING CONSTRUCTION, NOTICE; PERMIT REQUIRED; UNDERGROUND CONNECTIONS; ASSESSMENTS. (1) Whenever a street or alley or a part thereof is to be put under contract for paving or repaving, the Municipal Clerk shall notify the owners in fee simple of real estate abutting said street or alley, and their tenants or lessees, and also all telephone companies, all gas companies and all sewer service patrons by publication or otherwise of the purpose of the Municipality to pave. The notice herein required shall be published one (1) time in a legal newspaper published in and of general circulation in the Municipality at least twenty (20) days prior to the beginning of the operation by the party having the work under construction; and the notice shall state at what date construction must be made and excavation completed.

             (2)        After such date, permits for excavation will not be issued nor will excavation be allowed until after the completion of the pavement in such street or alley and after the formal and final acceptance thereof by the proper officials of the Municipality.

             (3)        All sewer construction shall be assessed as a special assessment against the property served. All gas and telephone connections shall be constructed at the expense of the public service company using the same. All water connections shall be constructed at the expense of the Municipality and may be allocated to intersection cost in the paving district.

             (4)        All gasoline pumps or storage tanks in connection therewith located upon or under any street, shall be removed from the street area at the expense of the owner of such pumps or tanks or of his lessee or agent as the case may be. (Ref 17-567 RS Neb.)


§8-319               STREETS; DRIVEWAYS AND APRONS; PERMISSION REQUIRED; NOTICE. (1) It shall be and is hereby declared unlawful for any person or persons to construct or cause to be constructed in the Municipality, any driveway or apron over the curb and corner of the streets and avenues without specific permission from the zoning administrator.

             (2)        On all streets to be hereafter curbed and guttered and paved, it shall be the duty of the zoning administrator to notify, in writing, all parties desiring driveways into their premises to furnish him with the width and location of such driveway. The cost of all such driveways in excess of the cost of the continuous gutter and curb may be charged against the lots or real estate so benefitted by their use when special assessments for such work shall be made. (Ref 17-509 RS Neb.) (City Ordinance 332)


§8-320               STREETS; CURB CUTS. It shall be unlawful for any person to cut into any paving, curb or sidewalk for any purpose whatsoever without first having obtained a written permit from the zoning administrator thereafter. (Ref 17-567 RS Neb.) (City Ordinance 332)


§8-321               STREETS; REFILLING EXCAVATIONS. It shall be unlawful for any person to make an excavation in any street or streets of the Municipality for any purpose whatsoever, if and when permitted and allowed, without thoroughly tamping and refilling the same in such manner as the City Engineer shall prescribe and direct.


§8-322               STREETS; VALLEY GUTTERS; MARKINGS. (1) Valley gutters now or hereafter constructed may be permitted to remain in street areas between curb lines if necessary from an engineering standpoint to facilitate the carving away of surface water in its natural course.

             (2)        The Governing Body shall, by appropriate sign or standard, give the driving public notice of the presence of said valley gutters if it is deemed necessary to insure the maintenance of the street or streets on which they are established, in reasonably safe condition for public travel.


§8-323               STREETS; DRIVING OVER NEWLY LAID PAVEMENT. No person shall ride or drive any animal or vehicle over or across any pavement newly laid or repaired, across or around which there has been placed a barricade, or at or near which there is a person or sign warning persons against riding or driving over such pavement.


§8-324               STREETS; EXCAVATIONS; BARRICADES REQUIRED Excavation in streets and alleys shall be made in such manner as to impede travel as little as possible. Red lights shall be maintained on all unfinished work, at night, from dark until sunrise, and sufficient barricades shall be in place at all times until the work is completed, to prevent any persons from injury, in coming upon or crossing such work.


§8-325               STREETS; SURPLUS MATERIAL REMOVED. After completion of any job or work all surplus material must be removed at once from the streets and alleys.


§8-326               STREETS; DEPOSITING REFUSE. It shall be unlawful for any persons to deposit any trash, refuse, straw, hay, ashes or carcass in any street or alley and it shall be the duty of the Street Commissioner to at once notify any person so offending and aside from any penal liability it shall be the duty of such person to at once remove such refuse or other matter so deposited, and whenever unable to comply with the removal of such matter and the cleaning of the street or alley it shall be the duty of the Street Commissioner to remove and clean up same at the expense of the Municipality.