§ 97.03 EXCAVATIONS.
   The provisions of this section shall apply to excavations and all other construction work and repairs on public streets that restricts roadway traffic, including work performed adjacent to public streets.
   (A)   The use of power machinery for excavation shall be allowed only by special permission, in writing, of the director of public works. The contractor shall, at all times, take all proper precautions to safeguard any sewer lines, water mains, electrical conduits, telephone conduits, gas mains, gas lines or other appurtenances encountered in excavation and shall properly maintain the installations so as to provide uninterrupted service of the same. In locations where the use of power equipment will endanger such installations the work of excavation must be provided by hand labor.
   (B)   Excavations must be made in open cut and no tunneling will be allowed except by special written permission from the director of public works. Trenches shall be braced and sheeted when and as ordered by the department of public works.
   (C)   The use of a uniformed police officer(s) shall be required for all excavations, construction work and repairs on public streets, road closures and work performed adjacent to roadways that significantly restrict said roadway to traffic and create a traffic hazard, or when construction is performed upon any part of town or state roadways, when deemed a hazard by the Chief of Police or his/her designee, due to the effect on traffic patterns and flow at the time of the work, for the purpose of traffic control and public safety. Such officer(s) shall be authorized by the Police Department and the cost of same be charged directly to the permittee or company performing such work. Where such officer(s) provides services to more than one permittee, each permittee shall be responsible proportionately for such expense.
   (D)   (1)   Police officer instructions/duties, responsibilities at job sites shall be issued by the patrol bureau commander of the Police Department, with the approval of the Chief of Police or his/her designee.
      (2)   When on duty, all police officers shall wear orange safety coats or traffic vests, and shall utilize appropriate equipment, including but not limited to flags and flashlights in executing their responsibilities.
   (E)   Public utilities or other entities responding to emergency situations that may threaten public safety may utilize a traffic control person until a police officer arrives at the location of the emergency. If the on-duty shift commander determines a uniformed police officer should be assigned to the location for the purpose of traffic control and public safety, the public utility company or other entity shall bear the cost of such traffic control.
   (F)   No excavations shall be made in a street that has been reconstructed or resurfaced within the last five years. When excavations are deemed unavoidable by the Director of Public Works or his designee, they will be subject to special restoration requirements according to standard detail regulations as established and promulgated by the Director of Public Works, with the advice of the Town Engineer as needed.
('66 Code, § 22-3; Am. Ord. 418, passed 9-5-00; Am. Ord. 432, passed 2-5-01)