CHAPTER 136

SIDEWALK REGULATIONS
136.01 Purpose 136.12 Failure to Repair or Barricade
136.02 Definitions 136.13 Interference with Sidewalk Improvements
136.03 Removal of Snow, Ice and Accumulations 136.14 Awnings
136.04 Responsibility for Maintenance 136.15 Encroaching Steps
136.05 City May Order Repairs 136.16 Openings and Enclosures
136.06 Sidewalk Construction Ordered 136.17 Fires or Fuel on Sidewalks
136.07 Sidewalks Required 136.18 Defacing
136.08 Permit Required 136.19 Debris on Sidewalks
136.09 Sidewalk Standards 136.20 Merchandise Display
136.10 Inspection 136.21 Sales Stands
136.11 Barricades and Warning Lights

136.01 PURPOSE. The purpose of this chapter is to enhance safe passage by citizens on sidewalks, to
place the responsibility for the maintenance, repair, replacement or reconstruction of sidewalks upon the
abutting property owner and to minimize the liability of the City.

136.02 DEFINITIONS. For use in this chapter the following terms are defined:
1. “Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is
hardening.
2. “Established grade” means that grade established by the City for the particular area in
which a sidewalk is to be constructed.
3. “One-course construction” means that the full thickness of the concrete is placed at one
time, using the same mixture throughout.
4. “Owner” means the person owning the fee title to property abutting any sidewalk and
includes any contract purchaser for purposes of notification required herein. For all other
purposes, “owner” includes the lessee, if any.
5. “Portland cement” means any type of cement except bituminous cement.
6. “Sidewalk” means all permanent public walks in business, residential or suburban areas.
7. “Sidewalk improvements” means the construction, reconstruction, repair, replacement
or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the
public right-of-way in connection therewith.
8. “Wood float finish” means a sidewalk finish that is made by smoothing the surface of the
sidewalk with a wooden trowel.
9. “Lineal block” means a row of properties adjacent to the same street bounded by streets,
railroad right-of-ways or rivers.
10. “Square block” means a group of properties that is entirely bound by streets, railroad
right-of-way or rivers.
(Subsections 9 and 10 – Ord. 325 – Feb. 16 Supp.)

136.03 REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the responsibility of the

abutting property owners to remove snow, ice and accumulations promptly from sidewalks. If a property
owner does not remove snow, ice or accumulations within forty-eight (48) hours, in addition to the penalty
for a violation of this section, the City may do so and assess the costs against the property owner for
collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2b & e])

136.04 RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the abutting property

owners to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and
inside the curb lines or traveled portion of the public street. Standards for defective sidewalks may be
adopted by Council resolution and shall be available for public review in the office of the Clerk.
(Code of Iowa, Sec. 364.12 [2c])

136.05 CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks
as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair,
replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the
time stated in the notice, the Council may require the work to be done and assess the costs against the
abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2d & e])

136.06 SIDEWALK CONSTRUCTION ORDERED. The Council may order the construction of
permanent sidewalks upon any street or court in the City and may specially assess the cost of such
improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of
Iowa.
(Code of Iowa, Sec. 384.38)

136.07 SIDEWALKS REQUIRED.

1. Sidewalks are required for all new construction or development, unless the property
owner submits to the Council a request for a waiver of this requirement, showing special
circumstances that in the best interests of the public said sidewalks should not be constructed.
Upon majority vote of the Council, the sidewalk requirements may be waived.
2. When 75% of the lineal block or 90% of a square block already have sidewalks, unless the
property owner submits to the Council a request for a deferral of this requirement, showing
special circumstances that in the best interests of the public said sidewalks should not be
constructed at this time. Upon majority vote of the Council, this sidewalk requirements may be
deferred. (Ord. 325 – Feb. 16 Supp.)

136.08 PERMIT REQUIRED. No person shall remove, reconstruct or install a sidewalk unless such
person has obtained a permit from the City and has agreed in writing that said removal, reconstruction or
installation will comply with all ordinances and requirements of the City for such work.

136.09 SIDEWALK STANDARDS. Subject to the provisions of Section 136.10, sidewalks repaired,
replaced or constructed under the provisions of this chapter shall be of the following construction and meet
the following standards: (Ord. 319 – Feb. 16 Supp.)
1. Cement. Portland cement shall be the only cement used in the construction and repair
of sidewalks.
2. Construction. Sidewalks shall be of one-course construction, subject to the provisions of
paragraph A of this subsection. Sidewalks must also have reinforcement within the cement.
Types of reinforcement shall be in the form of rebar, remesh, fiberglass, or other such
reinforcement material, with such determination of the extent of reinforcement to be reviewed
and approved by the Council or its duly authorized agent.
A. If one-course construction is not possible, concrete terminations shall be bonded
by one half inch (1/2) rebar drilled or poured in place at least one (1) times thickness for
depth of drilled pocket and pinned into the established hard concrete protruding into the
“new” pour at least two (2) times the thickness to allow adequate bonding and to minimize
shifting of the joint.
(Ord. 319 – Feb. 16 Supp.)
3. Sidewalk Base. Concrete may be placed directly on compact and well-drained soil. Where
soil is not well drained, a three (3) inch sub-base of compact, clean, coarse gravel or sand shall be
laid. The adequacy of the soil drainage is to be determined by the City.
4. Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be
at established grade.
5. Length, Width and Depth. Length, width and depth requirements are as follows:
A. Residential sidewalks shall be at least four (4) feet wide and four (4) inches thick,
and each section shall be no more than four (4) feet in length.
B. All sidewalks throughout the Business District shall be constructed from lot line
to the curb line unless the location of the sidewalk is varied by an appropriate resolution of
the Council upon application by the landowner.
C. Driveway areas shall be not less than six (6) inches in thickness.
6. Location. Residential sidewalks shall be located with the inner edge (edge nearest the
abutting private property) on the property line, unless the Council establishes a different distance
due to special circumstances.
7. Grade. Curb tops shall be on level with the centerline of the street which shall be the
established grade.
8. Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at
the curb or not less than one-half (½) inch above the curb for each foot between the curb and the
sidewalk.
9. Slope. All sidewalks shall slope maximum one-quarter (¼) inch minimum one eighth (1/8)
per foot toward the curb. (Ord. 319 – Feb. 16 Supp.)
10. Finish. All sidewalks shall be finished with a “broom” or “wood float” finish.
11. Curb Ramps and Sloped Areas for Persons with Disabilities. If a street, road, or highway
is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at
each intersection of the street, road, or highway with a sidewalk or path. If a sidewalk or path is
newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each
intersection of the sidewalk or path with a street, highway, or road. Curb ramps and sloped areas
that are required pursuant to this subsection shall be constructed or installed in compliance with
applicable Federal requirements adopted in accordance with the Federal Americans with
Disabilities Act, including (but not limited to) the guidelines issued by the Federal Architectural
and Transportation Barriers Compliance Board.
(Code of Iowa, Sec. 216C.9)
136.10 INSPECTION. The Council or its duly authorized agent shall have full power to inspect the
construction, repair and maintenance of all sidewalks and shall have the authority to authorize and approve
exceptions to the Sidewalk Standards in Section 136.09 and to cause the issuance of a permit in accordance
with Section 136.08, with any said exceptions. The authority of the Council or its duly authorized agent
shall not be questioned by any person, firm or corporation constructing or repairing the sidewalk.

136.11 BARRICADES AND WARNING LIGHTS. Whenever any material of any kind is deposited
on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when
any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either
as the contractor or the owner, agent, or lessee of the property in front of or along which such material may
be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk
and at each end of any pile of material deposited in the street, a sufficient number of approved warning
lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at
night and in the daytime to secure the same. The party or parties using the street for any of the purposes
specified in this chapter shall be liable for all injuries or damage to persons or property arising from any
wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the
privileges conferred by this chapter or of any failure to comply with provisions hereof.

136.12 FAILURE TO REPAIR OR BARRICADE. It is the duty of the owner of the property abutting
the sidewalk, or the owner’s contractor or agent, to notify the City immediately in the event of failure or
inability to make necessary sidewalk improvements or to install or erect necessary barricades as required
by this chapter.

136.13 INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall knowingly or

willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of
being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or
destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar or deface any
sidewalk at any time or destroy, mar, remove or deface any notice provided by this chapter.

136.14 AWNINGS. It is unlawful for a person to erect or maintain any awning over any sidewalk unless
all parts of the awning are elevated at least eight (8) feet above the surface of the sidewalk and the roof or
covering is made of duck, canvas or other suitable material supported by iron frames or brackets securely
fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or
interfere with the free passage of pedestrians.

136.15 ENCROACHING STEPS. It is unlawful for a person to erect or maintain any stairs or steps to
any building upon any part of any sidewalk without permission by resolution of the Council.

136.16 OPENINGS AND ENCLOSURES. It is unlawful for a person to:

1. Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement
by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing
without permission by resolution of the Council.
2. Openings. Keep open any cellar door, grating or cover to any vault on any sidewalk except
while in actual use with adequate guards to protect the public.
3. Protect Openings. Neglect to properly protect or barricade all openings on or within six
(6) feet of any sidewalk.

136.17 FIRES OR FUELS ON SIDEWALKS. It is unlawful for a person to make a fire of any kind
on any sidewalk or to place or allow any fuel to remain upon any sidewalk.
136.18 DEFACING. It is unlawful for a person to scatter or place any paste, paint or writing on any
sidewalk.
(Code of Iowa, Sec. 716.1)

136.19 DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or deposit on any sidewalk
any glass, nails, glass bottle, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or
any substance likely to injure any person, animal or vehicle.
(Code of Iowa, Sec. 364.12 [2])

136.20 MERCHANDISE DISPLAY. It is unlawful for a person to place upon or above any sidewalk,
any goods or merchandise for sale or for display in such a manner as to interfere with the free and
uninterrupted passage of pedestrians on the sidewalk; in no case shall more than three (3) feet of the
sidewalk next to the building be occupied for such purposes.

136.21 SALES STANDS. It is unlawful for a person to erect or keep any vending machine or stand for
the sale of fruit, vegetables or other substances or commodities on any sidewalk without first obtaining a
written permit from the Council.
(Sections 136.10-136.21 – Ord. 319 – Feb. 16 Supp.)