A. Each excavator shall conduct and carry out excavation work in a manner to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The excavator shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris. No excavations shall be permitted between the hours of eight o'clock (8:00) P.M. and seven o'clock (7:00) A.M. except with the express written permission of the City or in case of an emergency as otherwise provided.
B. Prior to opening an excavation in a public place, it shall be the duty of the excavator to determine whether underground facilities and utilities, (i.e., sewer, telephone, water, fuel, electric lines, underground traffic signal cables, cable television, etc.), will be encountered, and if so, where the underground facilities are located. No excavator, excavator's employee or agent, any subcontractor of the excavator or any other person shall commence any excavation unless and until information regarding facilities and utilities has been requested and obtained detailing the status of the public place in question not more than five (5) working days prior to the excavation.
If emergency conditions make location impossible, the excavator shall make reasonable efforts to obtain information concerning the existence and location of facilities or utilities prior to beginning excavation, by notifying the appropriate City department, unit or other public or private entity of the date on which excavation will commence and requesting that information regarding the existence and location of facilities or utilities. Nothing, however, shall relieve the excavator or any other person from the duty to obtain more current information where circumstances are such that the excavator knew or reasonably should have known that the action was appropriate.
C. When the excavation approaches the estimated location of the facility or utility, the exact location shall be determined and reasonable precautions, to include hand digging at the estimated location, shall be taken in uncovering the facility. When it is located, proper support shall be provided for the existing facility or utility. Utility companies, traffic engineering division, telephone company, cable television company and any other company having underground facilities or utilities shall be contacted and advised of proposed work five (5) days prior to the start of actual excavation.
D. It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain the barriers, warning devices and routing signs necessary for safety as specified by the MUTCD. (1968 Code §10-116; Ord. 74-56; Ord. 85-214; Ord. 98-185; Ord. 01-42)