(a) A person commits an offense if he:
(1) Performs, authorizes, directs, or supervises construction, excavation, any type of cutting or opening, or any work whatsoever in, on or along any public street, alley, sidewalk or public ground without a valid permit or agreement as required under the City of Fort Worth, Texas Code of Ordinances or City of Fort Worth's Charter.
(2) Fails to comply with restrictions or requirements of a permit or agreement as required under the City of Fort Worth, Texas Code of Ordinances or the City of Fort Worth's Charter.
(b) A person commits an offense if he, performs, authorizes, directs, or supervises construction, excavation, any type of cutting or opening, or any work whatsoever in, on or along any public street, alley, sidewalk or public ground and:
(1) Damages the public street, alley, sidewalk or public ground beyond what is incidental or necessary to the performance of the construction, excavation, any type of cutting or opening, or any work whatsoever in, on, or along any public street, alley, sidewalk or public ground; or
(2) Damages public or private facilities in, on, or along any public street, alley, sidewalk or public ground.
(c) It is a defense to prosecution under subsection (b)(2) if the person complied with all of the requirements with a permit or agreement, and state law and caused the damage because the facilities in question:
(1) Were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking, or marking; and
(2) Could not otherwise be discovered in the public street, alley, sidewalk or public ground through the use of due diligence.
(d) An offense under this section is punishable by a fine not to exceed $500. A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted.
(e) This section may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for a violation of this article.
(f) The Director of Transportation and Public Works or designee has the authority enforce the violations under this section.
(Ord. 26196-06-2023, § 1, passed 6-13-2023, eff. 6-23-2023)