§ 90.01 APPLICATION.

   Whenever it becomes necessary to open any of the streets of the city through excavating or digging, the person desiring to do the work shall make application to the City Clerk for permission to do so, and shall accompany the application with a map or diagram showing the place where the street is to be opened, the width and depth of the excavation, the estimated length of time the street is to remain open, and the name of the person whose property is to benefit by reason of the opening excavation.

(Ord. O-183-44, passed 2-8-44)

Statutory reference:
   Power to regulate street repairs, see KRS 85.140

§ 90.02 RESTORATION OF STREET.

   Every person making application for permission to open or excavate any street in the city shall agree to restore the street to the same condition that it was prior to the opening or excavation, to keep this portion of the street in repair for a period of one year after the opening or excavation, and to assume liability for any injuries sustained by any person, or damages to any property, caused by reason of the opening or excavation.

(Ord. O-183-44, passed 2-8-44)

§ 90.03 BOND REQUIRED.

   (A)   Every application as set forth in § 90.01 shall be accompanied by a bond to the city in the amount of $1,000, signed by the applicant and a surety company registered under the laws of the Commonwealth of Kentucky, or by two property owners, each of whom must have an equity of at least $1,000 in real estate in Boone County, Kentucky over and above all taxes, liens or mortgages, and homestead exemptions.

   (B)   This bond shall specify that in the event the city is sued because of injuries sustained, or property damaged by reason of such excavation, the principal and surety in the bond will, to the extent of $1,000, pay any judgment obtained by the claimant, and will pay the court cost and attorneys' fees incurred by the city.

(Ord. O-183-44, passed 2-8-44)

CONSTRUCTION OR RECONSTRUCTION

§ 90.05 REQUIREMENTS.

   For the construction or reconstruction of streets not covered by Chapter 153 of this code, the provisions of Ordinance 295, adopted October 15, 1954, including all exhibits and attachments thereto, are adopted by reference and incorporated as a part of this code as if fully set out herein.

(Am. Ord. O-28-77, passed 9-13-77)

§ 90.06 RAILROAD CROSSING SPECIFICATIONS.

   (A)   The city prescribes and adopts, as its minimum specifications for the construction of railroad crossings in the city, the flangeguard, angle-type crossing with concrete as shown on Figure l.

   (B)   Hereafter, all railroad crossings constructed in the city shall, both as to design and materials used in construction, conform to the specifications shown on Figure 1 as follows.

(Ord. O-47-81, passed 10-27-81) Penalty, see § 90.99

DRIVEWAYS

§ 90.10 STORM DRAINAGE PIPES UNDER DRIVEWAYS.

   (A)   The minimum requirements for storm drainage entrance pipes under driveways connecting with the various streets shall be vitrified pipe of culvert strength type or corrugated metal or reinforced concrete pipe. No entrance pipe shall have an inside diameter of less than ten inches.

   (B)   Before storm drainage entrance pipes are placed under any driveway, a permit shall be obtained from the City Council. Such work shall proceed under the direction of the City Engineer. At the discretion of the City Council, any entrance pipe installed contrary to the provisions of this section may be ordered removed at the cost of the owner of the abutting property.

(Ord. O-245-52, passed 10-23-52)

STREET USE

§ 90.15 USE OF HEAVY EQUIPMENT.

   (A)   It shall be unlawful for any person, firm, or corporation to operate any bulldozer or other vehicle equipped with metal tracks or treads or any vehicle equipped with metal wheels fitted with lugs on the streets of the city so that the tracks, treads, or wheels with lugs are in contact with pavement of the streets.

   (B)   Any person who violates this section shall be fined not less than $400 or more than $500 for each conviction. Each incident of violation shall constitute a separate offense.

(Ord. O-15-77, passed 5-10-77)

Statutory reference:
   Chains and lugs on wheels, see KRS 189.190

   Load limits, see KRS 189.221 and 189.222

§ 90.16 LITTERING.

   (A)   No person, firm, or corporation shall litter or cause to be placed on any city street or public way of the city any litter, dirt, trash, rubbish, refuse, mud, soil, or similar debris or allow or permit the above to remain on any city street or public way of the city for more than 12 hours without removing it and cleaning and clearing the street or public way so that it is restored to its original condition prior to the littering.

   (B)   Any person, firm, or corporation convicted of violating this section shall be fined not less than $100 nor more than $500. Each day that the violation continues shall be a separate offense.

(Ord. O-336A-56, passed 5-22-56; Am. Ord. O-21-79, passed 8-14-79)

Cross-reference:
   Criminal littering, see § 131.04

Statutory reference:
   Litter control, see KRS 224.905 through 244.970

SIDEWALKS