It shall be a civil offense for any person, firm, corporation, association or others, to make any excavation in any street, alley or public place, or to tunnel under any street, alley or public place without having first obtained a permit as herein required, and without complying with the provisions of this subchapter; and it shall also be a civil offense to violate, or vary from, the terms of any such permit; provided, however, any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening 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 office of the Public Works Director is open for business and said permit shall be retroactive to the date when the work was begun.
(1994 Code, § 16-201) (Ord. 494, passed 9-2-1993) Penalty, see § 10.99
Editor’s note:
This chapter was patterned substantially after the ordinance upheld by the Tennessee Supreme Court in the case of City of Paris, Tennessee v. Paris-Henry County Public Utility District, 207 Tenn. 388, 340 S.W.2d 885 (1960).