(1) Unlawful to proceed without permit. It shall be unlawful for any person, firm, corporation, association, or others, including utility districts to make any excavation in or under any street, alley, or public property without having first obtained an excavation permit as herein required, and without complying with the provisions of this chapter. It shall also be unlawful to violate, or vary from the terms of any excavation permit.
(2) Emergency circumstances. Any person maintaining pipes, lines, or other underground facilities in or under the surface of any street, alley or public property may proceed with an excavation without a permit when emergency circumstances demand the work to be done immediately and a permit cannot reasonably and practicably be obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the public works department is open for business, and the permit shall be retroactive to the commencement date.
(Ord. #002-01-01, Feb. 2002)