(A) Any public utility, whether municipally, publicly or privately owned, shall, prior to obstructing the flow of traffic in any lane on any street, make application for permission from the Construction Services Division 24 hours in advance, giving the location of the proposed work and listing the date or dates and expected times of day when such work would obstruct the flow of traffic on the street at that location, and shall receive written approval from the Construction Services Division prior to the commencement of the work. The Construction Services Division shall keep a log of the date of application, the utility company making such application, the location of the proposed work, the date and time of such work and whether or not such application was approved by him. If approved, the log shall list the date of such approval and factors upon which the approval was conditioned, if any. Such conditions may include the requirement of a written request with a detour plan and/or a barricading license submitted or obtained prior to the approval of such permit, if arterial traffic is to be closed between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. or for reasons which present other than routine problems. If denied, the Construction Services Division shall give in the log the reason for the denial. The Construction Services Division shall not arbitrarily deny such application but shall base his denial on other obstructions to the flow of traffic in the immediate area during the time requested, on normally heavy traffic flow on the street at the time of day requested, on an anticipated but unusually heavy flow of traffic on the street for that date or time, or on any other condition or factor which, if the flow of traffic was obstructed, would cause a substantial possibility of a hazard or a danger to the health, welfare, or safety to the traffic on the street at that specified time.
(B) A public utility shall, when a choice is feasible, use methods of conducting the construction or repair which would not cause an obstruction to the flow of traffic or necessitate the closing of a street or streets.
(C) Nothing in this section shall be construed to prohibit a public utility from making emergency repairs to protect the health, welfare or safety of the citizens of Albuquerque.
(D) The Construction Services Division may, for good cause given by the utility company, waive the 24-hour application requirements.
(E) All traffic control devices used under such permit shall conform to The New Mexico Manual and Specifications for a Uniform System of Traffic Control Devices for Streets and Highways.
(F) Any violation of this section by a utility company may result either in a citation to any and all employees at the scene or to the company itself, or in the removal of any and all equipment owned by the utility company, and such removal being at the expense of the utility company.
(G) Presumption. It shall be presumed that the log is accurate and, if no application is reported in the log, that none was made by the utility company.
(H) It shall not be necessary for an employee of the Construction Services Division to testify in court as to any approval or denial of any application in the prosecution of any citation arising out of a violation of this section. The log or copy thereof may be introduced into evidence without qualifications, provided that an employee of the Construction Services Division, by affidavit, states that the log is true and accurate to the best of his knowledge and belief, and if a copy is submitted, that the copy is a true and accurate copy of the log. A copy may be a copy of only those portions of the log which cover the time period in which the citation was issued.
('74 Code, § 9-5-4.66) (Ord. 65-1974; Am. Ord. 2016-011)