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It shall be the duty of every person engaged in digging in any street, or in paving any street, or in building any sewer or drain or trench for water pipes in any of the public streets, under a contract with the city made through any of the departments of the city, or by virtue of any permission which may have been granted by the city council or any department, or either of them, where such work if left exposed would be dangerous to persons traveling on such streets, to erect a fence or railing at such excavations or work in such a manner as to prevent danger to persons who may be traveling such streets, and to continue to maintain such railing or fence until the work shall be completed or the obstruction or danger removed.
It shall be the duty of such person to place upon such railing or fence, at sunset, suitable and sufficient lights and to keep them burning throughout the night during the performance of such work.
The provisions of this section shall apply to every person who shall place building materials in any of the public ways; or be engaged in building any vault or constructing any lateral drain from any cellar to any public sewer; or who shall perform any work causing obstructions in the public streets, by virtue of any permit from any executive department; and to all city officers and employees performing any work in behalf of the city whereby obstructions or excavations shall be made in the public ways.
All railings or fences erected on public ways for the protection of the public shall be erected and maintained to the satisfaction and approval of the commissioner of transportation.
Any person violating the provisions of this section shall be subject to a penalty of not less than $200.00 nor more than $500.00 for each offense. Each day that such violation continues shall constitute a separate and distinct offense.
(Prior code § 33-52; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 57; Amend Coun. J. 11-8-12, p. 38872, § 183)
Any person having the use of any portion of the public way for the purpose of erecting or repairing any building, or for any other purpose, shall cause two red lights to be placed in a conspicuous place, one at either end of such obstruction, from dusk in the evening until sunrise in the morning, each night during the time such obstruction remains.
(Prior code § 33-53; Amend Coun. J. 1-14-97, p. 37762, § 58)
In all cases when any person shall perform any of the work mentioned in the preceding section, either under contract with the city or by virtue of permission obtained from the city council or any department of the city in accordance with the provisions of the ordinances of the city, such person shall be answerable for any and every damage which may be occasioned to persons, animals or property, by reason or carelessness in any manner connected with such work.
(Prior code § 33-54; Amend Coun. J. 1-14-97, p. 37762, § 59)
ARTICLE VII. VIADUCTS (10-20-700 et seq.)
No person shall construct, reconstruct, or repair any highway viaduct in the city without first complying with the licensing and permitting requirements of this chapter.
(Prior code § 33-56; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 1-14-97, p. 37762, § 62)
In addition to the licensing and permitting requirements otherwise imposed by this chapter, highway viaducts shall be designed, constructed and erected to the satisfaction of the commissioner of transportation in accordance with printed specifications that he or she shall keep on file and which shall be subject to change from time to time as required, but shall at any time be uniform in application throughout the city.
Whenever any person shall desire to construct, reconstruct, or repair any such highway viaduct in the city, such person shall first submit to the commissioner of transportation the plan in accordance with which it is proposed to so construct, reconstruct or repair such viaduct, and no permit may be issued for such work unless the commissioner of transportation finds that such plan complies with the terms of that part of this chapter dealing with viaducts and the printed specifications on file in the office of the commissioner of transportation.
(Prior code § 33-57; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 1-14-97, p. 37762, § 63; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
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