§ 153.01 STREET EXCAVATION AND MOVING PERMITS.
   (A)   No person shall injure, disturb, excavate, or break the surface of any street, road, alley, sidewalk, curb, or other city-owned property or the construction materials beneath it without first obtaining authorization to do so from the Council.
   (B)   No person shall drive, place, force, or set any post, pipe, stake, or other material or object below the surface of any property described in division (A) above without first obtaining authorization to do so from the Council.
   (C)   The Council may, from time to time, designate city employees or officials to grant permission to any person to engage in the acts described in divisions (A) and (B) above.
   (D)   No person shall move any building, structure, vehicle, or combination of them over any city street, alley, or public highway with a gross weight of more than XX,000 pounds without first obtaining a permit to do so from the City Chief of Police.
   (E)   Each applicant for a permit under division (D) above shall file a written petition with the City Chief of Police describing the size and character of the items to be moved, the exact route to be taken, including the beginning and ending points, together with any other information deemed pertinent by the Chief of Police to fully describe the proposed movement and to identify the hazards occasioned by it.
   (F)   No permit shall be issued by the Chief of Police until the applicant has filed with that officer a bond in the penal sum of not less than $2,000, conditioned on the faithful and prompt performance of the work according to the specifications set forth in the permit, and to pay all damages that may be cause to the city, directly or indirectly, by damage to its streets, alleys, or utilities. The bond shall also cover all damage that may be caused by the movement to the property of any other person. The bond shall be made payable to the city, for the benefit of the city or any other person damaged by the movement. A reputable person or a corporation qualified to do business in this state shall be surety on the bond and shall be a person or corporation acceptable to the City Chief of Police.
   (G)   The issuance of a permit under division (D) above shall not relieve the permit holder of the duty to notify the manager or agent of any utility service if necessary to raise or remove any utility lines or property to permit the item to be moved through or past the utility lines or property. The permit holder shall make proper arrangements for the payment of the reasonable cost and expenses of any such raising or removal by the utility.
   (H)   No person shall permit any item moving under a permit issued under division (D) above to remain stationary in or upon any public way for more than 24 hours.
(Prior Code, § 36-9-2-7) (Ord. 655, passed 8-12-1952; Ord. 65-16, passed 9-21-1965)
Statutory reference:
   Public ways; regulation of use; school corporation property, see I.C. 36-9-2-7