10-20-160 Tearing up public ways.

   Unless a specific penalty is otherwise provided, any person who shall injure or tear up any pavement, side or crosswalk, or any part thereof, dig any hole, ditch or drain in, or dig or remove any sod, stone, earth, sand or gravel from any public way or public ground in the city without having first obtained the necessary permit from the executive director of emergency management and communications and the commissioner of transportation, or who violates the terms or conditions of a permit for such work, shall be subject to a penalty for each offense of not less than $500.00 nor more than $1,000.00.

(Prior code § 33-5; Amend Coun. J. 7-13-88, p. 15000; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 6-23-93, p. 34415; Amend Coun. J. 1-14-97, p. 37762, § 15; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 5-13-09, p. 61354, § 1)

Editor's note – Formerly § 10-20-050.

10-20-165 Reserved.

Editor's note – Coun. J. 11-7-22, p. 55595, Art. V, § 1, repealed § 10-20-156, which pertained to definitions.

ARTICLE II. UNDERGROUND TRANSMITTING DEVICES (10-20-200 et seq.)

10-20-200 Definitions.

   For purposes of this article, the following definitions shall apply:

   “Commissioner”' means the Commissioner of Transportation or the Commissioner’s designee.

   “Excavation” has the same meaning ascribed to that term in Section 10-21-020.

   “Restore” has the same meaning ascribed to that term in Section 10-20-010.

   “Underground facility” has the same meaning ascribed to that term in Section 10-21-020.

   “Utilidor”' means an area designated by the Department of Transportation, as established by Chapter 2-102, for access to underground facilities.

(Added Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 1)

10-20-203 Tunneling – Permit.

   (a)   No person shall, without a permit in writing from the Commissioner, place any shaft, cable, pipe, main, conduit, wire or other transmitting or conducting device underneath the surface of any public way in the city by driving the same through the earth underneath the surface of any such public way, or by boring or tunneling under any such public way.

   (b)   No person shall make an opening in a public way in order to place any underground facility when a utilidor is available.

   (c)   Any person may tunnel under stone or concrete sidewalks which do not exceed six feet in width for the purpose of installing sewer drains not to exceed six inches in diameter; provided, that a permit in writing shall be obtained from the Commissioner for such purpose.

   (d)   The Commissioner is authorized to remove, cause the removal or cut out all shafts, cables, pipes, mains, conduits, tubes, wires or other transmitting or conducting devices at any time laid or placed underneath the surface of any public way in violation of the provisions of this section.

(Prior code § 33-6; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 17; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 2)