(a) Except as hereinafter provided, no person shall use or operate, or cause to be used or operated, any power digging equipment for digging or excavating below the established or existing curb grade in any street, or below the established or existing grade of any alley, in the City, other than City employees, without first obtaining an excavation permit and a street opening bond. However, this section shall not apply in the case of the construction and repair of public improvements, requested and approved by the City, in such streets or alleys.
(b) The permit and bond referred to in subsection (a) hereof shall be obtained before any work is started and the issuance of the same does not in any way relieve the owner or operator of such equipment from the payment for any damage to any of the utilities and property named in subsection (c) hereof.
(c) Utilities and property to be protected are sewers, water lines, gas lines, electric lines, cables, trees, lamp standards, signs, sidewalks, curbs, street pavement and any other utility or facility that may be within the area above mentioned. When excavation is in progress, the owner or operator shall protect the same with barricades and warning lights, the latter to be used at night. When necessary, the owner or operator shall provide uniformed special duty officers to control traffic. Trenches that have been filled and then settled are within the scope of this section.
(Ord. 28-93. Passed 6-8-93.)