3.3.217: PROMPT COMPLETION OF WORK:

After an excavation is commenced, the excavator shall proceed with diligence, expedite all work covered by the excavation permit, promptly complete the work and restore the street and any traffic-control devices to their original condition, or as near as may be, so as not to obstruct the public place or travel more than is reasonably necessary. Adverse weather conditions shall be cause for reasonable delay in prompt completion of work.

When traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the City may include the requirement at the time the permit is granted that a crew and adequate facilities be employed by the excavator twenty four (24) hours a day so that the excavation work may be completed as soon as possible. (1968 Code §10-118; Ord. 74-56; Ord. 85-214; Ord. 01-42)

3.3.218: PRESERVATION OF MONUMENTS:

Any monument set for the purpose of locating or preserving the lines of any street or property or subdivision, a precise survey reference point or a permanent survey bench mark within the City, shall not be removed or disturbed without first obtaining permission in writing from the City. Permission to remove or disturb monuments, reference points or bench marks shall only be granted upon condition that the person applying for permission shall pay all expenses incident to the proper replacement of the monument by the City. (1968 Code §10-118.1; Ord. 74-56; Ord. 85-214; Ord. 01-42)

3.3.219: ADDITIONAL SPECIFICATIONS:

In addition to the provisions of this part, any excavation shall be in accord with current public works standard specifications. (1968 Code §10-118.2; Ord. 74-56; Ord. 85-214; Ord. 01-42)

PART 3 MISCELLANEOUS OFFENSES

SECTION:

3.3.301: Spilling Of Salt Or Petroleum Products

3.3.301: SPILLING OF SALT OR PETROLEUM PRODUCTS:

No unauthorized person shall pour, spill or permit to be poured or spilled or to drip or flow upon, or deposit or place in any receptacle or container upon any asphalt or bituminous macadam or curb, gutter or sidewalk, or about any tree or shrub on any street, avenue, alley or public place in the City, any salt or salt water, kerosene, benzene, gasoline, lubricating oil or other similar oil or oily substance. The ordinary and natural drip from vehicles and their axles, bearings and equipments, when carefully handled and operated, is allowed. (Ord. 1125; 1968 Code §10-79; Ord. 01-42)

PART 4 PRIVATE SNOW REMOVAL ACTIVITIES ON PUBLIC STREETS

SECTION:

3.3.401: License Required; Fee

3.3.402: Business And License Requirements

3.3.403: Definitions

3.3.404: Possession Of Alcoholic Beverages Or Controlled Substances By Drivers Prohibited

3.3.405: Name And Address On Vehicles

3.3.406: Liability Insurance Required

3.3.407: Testing And Approval Of Materials

3.3.408: Traffic Control

3.3.409: Inspection

3.3.410: Cleanup

3.3.411: Trip Sheets

3.3.412: Qualifications Of Drivers

3.3.413: Revocation And Suspension

3.3.414: Rules And Regulations

3.3.415: Certification

3.3.401: LICENSE REQUIRED; FEE:

   A.   It shall be unlawful for any person to operate or for any person to knowingly permit another person to operate, a snowplowing vehicle for the purpose of snow removal from upon the streets of the City unless the vehicle is properly licensed for snow removal and the driver approved by the City's Traffic Engineer as provided in this part.

   B.   All applications for licenses shall be submitted on a form provided by the City. Licenses shall be for the term of one year, commencing on September 1 and ending on August 31. The license fee shall be set annually by the City Traffic Engineer through a written administrative regulation prior to August 1 of the annual license term.

   C.   This part shall not apply to the Federal government or its entities, the State of Colorado, El Paso County or the City, nor shall it apply to their agents or contractors, when engaged in snow removal activity pursuant to any public contract for snow removal. (Ord. 88-193; Ord. 01-42)

3.3.402: BUSINESS AND LICENSE REQUIREMENTS:

Permits and licenses necessary for snow removal on public streets shall be secured and paid for by the operator. (Ord. 88-193; Ord. 01-42)

3.3.403: DEFINITIONS:

DRIVER: Any person who drives a snowplowing vehicle for the purpose of snow removal on public streets or avenues including, but not limited to, an operator, an employee of an operator or any person who, through lease or otherwise, stands in the relationship of subcontractor or independent contractor to an operator.

ENGINEER: City Traffic Engineer.

MOBILIZATION: Performance of any private contract for removing snow from public streets.

OPERATOR: Any person engaged in the business of snow removal on public streets or avenues provided that the term shall not include a person who operated a snowplowing vehicle solely as a bona fide employee of an operator.

PUBLIC CONTRACT FOR SNOW REMOVAL: Includes any contract between an operator and the Federal, State, El Paso County governments or the City, for removal of snow from public streets.

PUBLIC STREET OR HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for purposes of vehicular travel; the entire width of every way declared to be a public street or highway by any law of this State. The terms "street" and "highway" are synonymous and interchangeable.

SNOW: Any deposit of snow or ice, or combination of both, on a public street.

SNOWPLOWING VEHICLE: Any motor vehicle used to remove snow on public streets or avenues. (Ord. 88-193; Ord. 01-42)

3.3.404: POSSESSION OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES BY DRIVERS PROHIBITED:

It shall be unlawful for drivers, while on duty or in any manner in possession of a snowplowing vehicle, to possess, either on their person or anywhere on their vehicles, any malt, vinous or spirituous liquor or any beer, fermented malt beverage or otherwise, or any controlled substance or drug at any time. Violation of this section shall also be grounds for immediate revocation or suspension of license. (Ord. 88-193; Ord. 01-42; Ord. 04-195)

3.3.405: NAME AND ADDRESS ON VEHICLES:

All snowplowing vehicles operated by any licensee shall have the name, address and license number of the licensee displayed on both sides of the vehicle in plain and legible letters and numbers not less than three inches (3") in height. Lettering shall be kept in a condition that permits them to be readily distinguished and read at a distance of at least sixty feet (60'). It shall be unlawful and grounds for revocation of the license for a licensee to operate any vehicle or cause any vehicle to be operated upon the public ways within the City unless the name, address and license number is displayed. (Ord. 88-193; Ord. 01-42)

3.3.406: LIABILITY INSURANCE REQUIRED:

   A.   No license to operate a snowplowing vehicle shall be issued until the applicant furnishes evidence of current vehicle and public liability insurance policies to the Traffic Engineer. The following insurance coverage shall require limits not less than those specified in the name of the licensee with the City named as an additional insured:

State statutory limits for vehicle insurance.

Five hundred thousand dollars ($500,000.00) combined single limit for bodily injury and property damage for each occurrence or claim made with an aggregate of one million dollars ($1,000,000.00).

All policies shall be kept in force for the period of the license and the property damage policy shall specifically include any and all damage to city property including, but not limited to, streets, curbs, gutters and signposts.

   B.   Each policy of insurance shall contain an endorsement to the effect that the insurance carrier shall notify the City Traffic Engineer at least thirty (30) days in advance of the effective date of any reduction or cancellation of the policy. The cancellation or reduction of insurance shall be cause for automatic suspension of the license until coverage is reinstated. All policies shall be kept in force for the period of the license.

   C.   The licensee shall be responsible for any and all damage to property or injury to persons arising out of the exercise of the license, and the licensee shall indemnify and save harmless the City and all of its officers, agents and employees from all suits, actions or claims of injuries received or sustained by any person or property due to the exercise of the license or of any act or omission of the license, the licensee's agents or employees or due to the failure of the licensee to comply with the provisions of this part. (Ord. 88-193; Ord. 01-42)

3.3.407: TESTING AND APPROVAL OF MATERIALS:

Prior to mobilization, copies of all material testing reports for any deicing chemicals or abrasives used on a City street shall be delivered to and reviewed by the superintendent of the street division for approval. Costs incurred in all testing shall be the responsibility of the licensee. All deicing chemicals and abrasives must meet Federal EPA standards, and no chemical or abrasive may be used unless approved in writing by the superintendent. (Ord. 88-193; Ord. 01-42)