(A) It shall be unlawful for any person, firm, or corporation to cut, dig, trench, excavate, grade, tunnel, bore, or in any way disturb any road, street, alley, sidewalk, curb, roadside ditch, right-of-way, or other public place for any purpose whatsoever, or to install any pole in any public street right-of-way without first filing with the city a written application for a permit, and without first procuring such permit therefor, executing a bond to cover all damages occasioned by such work, and restoring the place where such work has been done in good condition, and in the manner provided by the terms of this subchapter.
(B) In case of an emergency, cutting and excavation may proceed without delay on condition that within 24 hours after the commencement of such cutting or excavation, a bond shall be posted, notice of such work shall be given, and a permit shall be applied for and obtained from the city, all as required under this subchapter. Provided further, however, that:
(1) This subchapter shall not apply to excavations made under contract with or by order of the Board of Public Works and Safety of the city through its proper officials, nor to construction of any private entrances, driveways, or approaches connecting with any street in the city street system or the installation or replacement of sidewalks, or for the installation of landscaping.
(2) The provisions of this subchapter pertaining to bonds and fees shall not apply to work being done by any city, town, municipal corporation, or any other county, or by any agency of the state, or by any special taxing or service district established by law, provided that such entities shall give the city at least 24-hours’ notice of any such work and shall comply with all other applicable provisions of this subchapter.
(3) The provisions of this subchapter pertaining to permits, bonds, and fees shall not apply to the setting and maintaining of utility poles and their appurtenances along city street right-of-way by any public utility whose rates are regulated by the Indiana Utility Regulatory Commission.
(Ord. 2012-01, passed 3-12-2012) Penalty, see § 92.99