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(a) No person shall break, injure, tear up or remove any pavement, sidewalk, crosswalk, curbing, street, lane, alley or road surface or make any
excavation in or under any street, lane, alley or sidewalk within the City for any purpose whatever, without first having obtained permission of the City Council. It shall be the duty of every person breaking, tearing up or removing any pavement, sidewalk, crosswalk, curbing, street, lane, alley or road surface, or making any excavation in or under any street, lane or sidewalk as speedily as practicable, and under the direction and supervision of the Division of Public Works to replace, relay and make good and put in as good order and repair as before to the satisfaction of the Division of Public Works, every such pavement, sidewalk, crosswalk, curbing, street, lane or alley, as the case may be. All excavations shall be backfilled with earth which shall be thoroughly and solidly tamped in layers not to exceed eight inches in thickness; except, that under pavement, sand and gravel shall be the type of earth used. If the earth shall settle, the person shall fill the same from time to time as may be necessary to the satisfaction of the Division of Public Works. Every such person and the contractor or other person by whom the work is done, shall erect and maintain a good and sufficient fence, railing or barrier around every excavation made by him or her in such a manner as to prevent accidents and shall place and keep on the fence, railing or barrier suitable and sufficient red lights during the night, and take such further care and precaution as the Division of Public Works may deem necessary and direct for the protection and safety of the public.
(b) On paved streets the permit shall not be deemed to have authorized any person to break, remove or rebuild, in whole or in part, any curbing or gutter for any purpose whatsoever. Whenever any person desires to have the pavement, curbing or gutter broken, removed or rebuilt in any street, alley or other public thoroughfare, he or she shall make application to the Division of Public Works for the work to be done; and if there appears to be no valid objection to the work, the Division of Public Works shall require a fee to be paid to the City Treasurer for every lineal foot of curbing or gutter to be broken or removed, or a deposit to be made sufficient to cover his or her estimate of the cost of rebuilding or reconstructing the curbing or gutter. The fee and deposit shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. When the payment has been made, the Director of Public Works shall issue the necessary orders to have the work done by City employees as soon thereafter as may be possible and he or she shall keep a record of all such applications in his or her office.
(Ord. 100, passed 8-3-1909; Ord. 1063, passed 3-17-1953; Ord. 2088, passed 10-21-1968; Ord. 3416, passed 2-8-1999)
(a) It shall be the duty of every person who shall obstruct or encumber any street, lane or alley in the City with stone, brick, timber, lumber, rubbish or other material, or who shall make any excavation or embankment in any street, lane or alley in the City, to erect and maintain a good and sufficient fence, railing or barrier around the obstruction, excavation or embankment to prevent accidents. Any such persons shall place and keep in a conspicuous place on the fence, railing or barrier, suitable and sufficient warning lights during the whole of every night that the obstruction, excavation or embankment shall continue.
(b) Every person who shall excavate for erection of any wall, building or for any other purpose near to any street, lane or alley within the City, shall put up a good and sufficient protecting rail or barrier along the line of the street, lane or alley, opposite to the excavation and maintain the same as long as may be necessary to prevent and maintain danger to persons traveling along the street or highway.
(Ord. 100, passed 8-3-1909)
When any fence, barrier, barricade, danger signal, lantern or other sign is placed or shall be displayed in or upon any public street, lane, alley or other public place in the City for the purpose of giving notice or warning of any danger, obstruction, excavation, work of construction or the recent construction of any pavement, sidewalk, sewer, excavation, obstruction or public work of any character, it shall be unlawful for any person, except the persons charged with the duty of maintaining the fence, barrier, barricade, danger signal, light or other sign, to remove, displace or in any manner interfere with any such fence, barrier, barricade, danger signal light or other sign. During the period that the fence, barrier, barricade, danger signal, light or other sign shall remain in any public street, lane, alley or other public place from which it is apparent that the public is excluded or intended to be excluded by the fence, barrier, barricade, danger signal, light or other sign shall be deemed closed to public use, and while so closed it shall be unlawful for any person not employed in connection with the public work to go or drive thereon. It shall be deemed to be apparent that the public shall be excluded and intended to be excluded from that portion of a public street, lane, alley or public place, lying between fences, barriers, barricades, danger signals, lights or danger signs or adjacent to any such light, lantern, sign or danger signal.
(Ord. 200, passed 10-19-1951)
No person shall for himself, herself or by another scatter, leave, drop or distribute in any street, alley, lane or other public place within the City, any earth, ashes, stones, chops, bricks, dirt, filth or rubbish of any description carted or hauled about in wagons, carts, automobiles or other vehicles. No person shall load or cause to be loaded any wagons, carts, automobiles or other vehicles used for carting or hauling the articles or substances above mentioned above the sides of the body thereof. The boxes or body of any wagon, cart, automobile or other vehicle so used, shall be constructed with tight, close and sound boards or other equally good material and in such manner as to prevent the scattering or dropping of the contents thereof on the street, alley or other public places. In the case of carting or hauling dry ashes, mortar, dirt or other substances liable to be blown off and about by the wind, the same shall be safely covered and secured by canvas or other suitable material.
(Ord. 105, passed 10-25-1911)
Any building contractor, licensed pursuant to Chapter 12, shall be required to post a bond in accordance with the provisions in Chapter 12. The bond shall be conditioned in part upon full and faithful compliance with the terms of § 42-20. In the event any licensed contractor, his or her agents or employees shall scatter, leave, drop or distribute in any right-of-way of any street, alley, lane or other public place within the City any earth, ashes, stones, chips, bricks, dirt, filth, building materials or rubbish of any description without written permission of the Director of Public Works and Utilities and shall fail to properly remove the substances within five days after notification in writing by the Director of Public Works and Utilities, or his or her authorized agents, the Director of Public Works may authorize agents or employees of the City to fully alleviate the conditions and charge the cost thereof against the bond. In the event any licensed contractor should fail to post the bond in the first instance or fail to maintain the bond in full force and effect, the Director of Public Works shall be authorized to withhold the issuance of any permit for work to be performed within the City until full compliance has been effectuated. The provision hereof shall not be construed to be lieu of any other penalty provided by this Code.
(Ord. 1927, passed 8-15-1966; Ord. 2662, passed 9-25-1978)
No person shall put up, erect, keep, use or maintain any sign or advertisement device extending on or over the sidewalk more than three feet from the side of the walk or building to which the same is adjoined or attached, and not approaching nearer to the sidewalk than eight feet, nor shall any person hang upon or fasten to any awning extending over the sidewalk, any goods, ware or merchandise, so that the same will come nearer than eight feet to the sidewalk.
(Ord. 100, passed 8-3-1909)
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