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For purposes of this article, the following definitions shall apply:
"Discipline" means any component activity of excavation performed by a permittee, subcontractor, or other person required to obtain an excavation permit.
"Excavation" has the same meaning ascribed to that term in Section 10-21-020.
"Restore" means restoration or replacement of the pavement, components of the pavement, or other materials to at least the condition that the pavement, components of the pavement, or other materials were in before the work contemplated by this article was commenced.
"Substantial owner" means any person or entity holding a 25 percent or greater ownership interest in any firm, partnership, limited partnership, corporation or limited liability company; provided, however, that where no person or entity holds such an ownership interest, substantial owner shall mean each of the four persons or entities with the largest ownership interests; provided further, that with regard to an individual or sole proprietorship, substantial owner means that individual or sole proprietorship.
(Added Coun. J. 11-7-22, p. 55595, Art. V, § 1)
Editor's note – Coun. J. 1-14-97, p. 37762, § 12, renumbered former § 10-20-010 as § 10-20-150.
(a) Any person whose work results in the closure of the public way shall ensure the work site provides the appropriate traffic control devices, as that term is defined in Section 9-4-010, and takes appropriate measures to warn the public of the closure. Appropriate traffic control devices and measures for the situation shall be set by the Commissioner of Transportation by rule, including any applicable standards for construction canopies required under Section 10-28-284 of the Code. Any person who violates this section or rules promulgated hereunder shall be fined no less than $500 and no more than $2,500 for each violation. Each day that a violation shall continue shall constitute a separate and distinct offense.
(b) The Commissioner of Transportation shall semiannually report to the City Council Committee on Transportation and Public Way, or its successor committee, regarding all changes made to rules pursuant to this section. Upon request of the Chair of the Committee, the Commissioner of Transportation or the Commissioner's designee shall present such report at a subject matter hearing of the Committee.
(Added Coun. J. 12-14-22, p. 58216, § 6)
Editor's note – Coun. J. 1-14-97, p. 37762, § 5, renumbered former § 10-20-020 as § 10-20-115.
Editor's note – Coun. J. 1-14-97, p. 37762, § 13, renumbered § 10-20-030 as § 10-20-155.
Editor's note – Coun. J. 1-14-97, p. 37762, § 15, renumbered § 10-20-050 as § 10-20-160.
(a) No person shall make an opening in, or construct or repair any pavement in, any public way or other public place pursuant to this chapter unless that person holds a public way work license as required by this article. The public way work permit required by this article to make an opening in, or construct or repair any pavement in, any public way or other public place shall only be issued to a person holding such a license. Before the department of transportation issues any such permit, the department of transportation shall first require proof that the permit applicant holds such a license. Such a license shall be effective for one calendar year, and the fee for such a license shall be $125.00. Such a license may be issued at any time during a calendar year, but shall be effective only for the calendar year in which it is issued. The commissioner of transportation is hereby authorized to issue such a license and is authorized to promulgate regulations relating to such a license, including but not limited to terms and conditions for the issuance, maintenance and renewal of the license, the scope of work that may be performed under the license, and terms and conditions applicable to the insurance and letter of credit required by this article.
(b) The public way work license specified in this section shall not be required for the placement, planting, cultivation, maintenance or removal of any tree, shrub, flower, sod or other plant material in the public way, as long as the surface disturbance requires a hole of less than six inches deep.
(c) The public way work license specified in this section shall not be required of a government agency or of any person (or such person's designee) for the operation, maintenance, improvement, installation and removal of either (i) parking meters acting pursuant to a concession agreement with the city governing the operation, improvement, installation, removal and maintenance of and the collection of fees from, certain designated parking meters, or (ii) city digital signs pursuant to a coordinated city digital sign program agreement with the city governing the operation, improvement, installation, removal and maintenance of such city digital signs.
(Added Coun. J. 1-14-97, p. 37762, § 2; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 12-4-08, p. 50506, § 13; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 9-14-21, p. 35804, § 2)
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