10-20-020 Safe closure of the public way.

   (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.

10-20-030 Reserved.

Editor's note – Coun. J. 1-14-97, p. 37762, § 13, renumbered § 10-20-030 as § 10-20-155.

10-20-040 Reserved.

Editor's note – Coun. J. 1-14-97, p. 37762, repealed § 10-20-040, which pertained to cost determination – refund of surplus.

10-20-050 Reserved.

Editor's note – Coun. J. 1-14-97, p. 37762, § 15, renumbered § 10-20-050 as § 10-20-160.

10-20-100 License.

   (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)

10-20-105 License application.

   (a)   The application for the public way work license required by this article shall be made in writing to the commissioner of transportation on a form provided for that purpose and shall require the signature of the licensed applicant. The commissioner of transportation shall be the custodian of all such applications.

   (b)   Every application for such a license shall contain, in addition to such other information as the commissioner of transportation may require, the name of the person desiring the license and the place of business of such applicant, as well as the names, residence (or, if not a natural person, business) addresses, social security numbers (or tax identification numbers or other government identification numbers acceptable to the commissioner of transportation), and percentages of ownership interest of all substantial owners of the applicant.

   (c)   Every application for such license shall provide that, as a condition for receiving the license, the applicant shall indemnify, save and keep harmless the city from any and all loss, cost, damage, expense or liability of any kind whatsoever which the city may suffer, or which the city may be put to, or which may be recovered from the city, from or on account of the issuance of such license, or from or on account of any act or thing done by virtue of the authority given in such license, or for any damage, loss or expense to any person caused by the tearing up, constructing, repairing or removing of such public way or part thereof, whether or not performed pursuant to a valid license.

   (d)   The willful misstatement or omission of any material information required by the license application process shall be grounds for revocation of the license for a period of up to three years.

(Added Coun. J. 1-14-97, p. 37762, § 3; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)