§ 14-1. Drainway regulations.

(a)

It shall be unlawful for any person to throw or place any trash, brush, cut grass or weeds, debris or physical matter of any kind in or on any natural or artificial drain, drainage ditch, drainage easement, or stream, creek or channel whatever in the City, or to permit the introduction of any such material into any such drain.

(b)

It shall be unlawful for any person to build or place any fence of any kind, or any other structure or physical structure in, on or across any drainage easement, or any natural or artificial drain, or any stream, creek or channel in the City, or any part thereof, without special permission from the City Council, evidenced by a special permit duly approved by the City Council, and then only in strict accordance with the terms of such permission, if any.

(c)

It shall be unlawful for the owner or tenant of any property in the City which is traversed to any extent by an improved drainage easement to fail to keep such drainage easement on his property clean and free of all trash, brush, cut grass, weeds, debris or other physical matter which is or could be an obstacle, to any extent, to the free flow of drainage waters at all times without regard to the origin thereof.

(d)

No person, firm, corporation, association, or political subdivision shall in any way, either directly or indirectly, cause or allow any chemical liquid, effluent, sewage, or any other substance, whether treated or untreated, to be discharged into or run along any natural or open drain within the limits of the City, whether such natural or open drain is a running stream or not.

(e)

The addition of any chemical, liquid, effluent, sewage, or any other substance, whether the same be treated or untreated, to any natural or open drain, shall prima facie constitute a public nuisance.

(f)

No person, firm, corporation, association, or political subdivision shall construct, maintain, or operate any structure, plant, or other thing, which shall in any way result in the discharge of any chemical, liquid, effluent, sewage, or any other substance into any natural or open drain that flows through the limits of the City.

(g)

The construction, maintenance, or operation of any structure, plant, or other thing, by any person, firm, corporation, association, or political subdivision, which results in the discharge of any chemical, liquid, effluent, sewage, or any other substance into any natural or open drain that flows through the limits of the City, whether the same has commences, or the commencement of which is imminent or impending, shall constitute a nuisance to the welfare of the City, its people and residents.

(h)

It shall be unlawful to do or perform any act prohibited hereby and it shall be unlawful to fail to do or perform any act required hereby.

(Ord. No. 73, §§ 1—8, 10-20-1980; Ord. No. 100-02-11, § I, 5-17-2011)