§ 102-152. Protection from spilling loads.

(a)

Required. Any vehicle moving upon a public street, alley or thoroughfare within the city, containing, carrying or transporting any paper, trash, rubbish or rubble susceptible to spilling, falling or dislodgement from the vehicle, or dissemination or dispersion into the atmosphere, shall be equipped with a container and cover adequately constructed, attached and secured to prevent the spilling, falling, dislodgement, dissemination or dispersion of such substance or material or any part thereof.

(b)

Transportation of dirt, gravel, etc. No person shall transport dirt, sand, gravel, chat, sawdust, ready-mix concrete or other loose substance over the streets of the city in trucks or other vehicles in such a manner as to allow the spilling of such loose materials or permit such materials or any portion thereof to fall, drop, be tracked, or otherwise placed, left or deposited upon any street, alley or sidewalk of the city. It shall be the duty and the responsibility of the person driving such vehicle to see that such vehicle is loaded in such a manner that no such loose materials can spill or be tracked upon the streets.

(c)

Equipment to prevent spillage. Any vehicle moving upon a public street, alley or thoroughfare within the corporate limits of the city, containing, carrying or transporting any substance or material susceptible to spilling, falling or dislodgement from the vehicle, shall be equipped with sideboards and endgates at least three inches higher than the sides of the load. This sideboard requirement shall not apply to vehicles hauling such materials when the load has been struck level with the sideboards and is not crowned or peaked in any portion of the load.

(d)

Violations. In prosecution for violations of this section it shall not be incumbent upon the city to prove that any material or substance actually spilled, fell, tracked or dislodged from the vehicle or was disseminated or disbursed therefrom.

(Code 1980, §§ 31-220—31-222)