§ 97.050 PERMIT REQUIRED.
   (A)   Unless acting under a contract with the city, no person other than a duly authorized city official or employee in the course of his or her employment or a recognized public utility company shall make any excavation or opening in or under any public street or alley or upon any public property without a permit. No permit shall be issued to any person as set forth above unless the applicant has fully complied with the registration requirements set forth in § 150.002(C) of this code.
   (B)   No railroad company shall be required to obtain a permit for the purpose of repairing the roadbed of its railway or replacing or repairing the pavement or surface between its tracks and two feet outside thereof.
   (C)   No person shall make any opening in or through any curb of any street or alley except in accordance with plans and specifications established by the City Engineer, nor without a permit; the permit will not be issued under the following conditions:
      (1)   When the cut is to be made permanent and is within 20 feet of any permanent cut on the same premises;
      (2)   When the cut is to be made permanent and is intended to be more than 35 feet in its total throat width;
      (3)   When the cut is on corner property and is within the quadrant of intersection or the sidewalk area;
      (4)   When in the opinion of the City Manager the cut will interfere with the safety of the public; or
      (5)   Unless the sidewalk abutting the area of the curb opening is constructed of an approved grade of monolithic concrete not less than six inches in thickness.
(1990 Code, § 25-71) (Ord. 62-672, passed 10-1-1962; Ord. 65-814, passed 6-21-1965; Ord. 15-3479, passed 3-2-2015)