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Lawrence Overview
Lawrence, IN Code of Ordinances
LAWRENCE, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE 1. GOVERNMENTAL STRUCTURE AND ADMINISTRATION
TITLE 2. PLANNING AND DEVELOPMENT
TITLE 3. PUBLIC HEALTH AND SAFETY
TITLE 4. BUSINESS AND COMMERCE
TITLE 5. PUBLIC WORKS AND FACILITIES
ARTICLE 1. SEWER UTILITIES
ARTICLE 2. PUBLIC WAYS AND WASTE DISPOSAL
CHAPTER 1. PUBLIC RIGHT-OF-WAY
CHAPTER 2. STREET AND SIDEWALK CONSTRUCTION
CHAPTER 3. GARBAGE AND TRASH COLLECTION
CHAPTER 4. SOLID WASTE DISPOSAL FACILITIES
CHAPTER 5. SANITARY SEWER CONSTRUCTION
CHAPTER 6. STORM WATER MANAGEMENT AND SEDIMENT CONTROL
CHAPTER 7. ILLICIT DISCHARGE DETECTION AND ELIMINATION
ARTICLE 3. WATER UTILITIES
ARTICLE 4. CONSTRUCTION WORK ON PUBLIC WORKS PROJECTS
TITLE 6. PARKS AND RECREATION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
ARTICLE 2. PUBLIC WAYS AND WASTE DISPOSAL
CHAPTER 1. PUBLIC RIGHT-OF-WAY
Section
   5-2-1-1.   Definitions
   5-2-1-2.   Use of public ways; permit required
   5-2-1-3.   Emergencies
   5-2-1-4.   Obstruction of public ways prohibited
   5-2-1-5.   Contractor registration
   5-2-1-6.   Bonding
   5-2-1-7.   Application for right-of-way permit
   5-2-1-8.   Kinds and categories of permits
   5-2-1-9.   Driveways and approaches
   5-2-1-10.   Permit fees
   5-2-1-11.   Permit issuance procedures
   5-2-1-12.   Indemnification
   5-2-1-13.   Schedule of fees for enforcement
   5-2-1-14.   Enforcement procedures
   5-2-1-15.   Display of permit
   5-2-1-16.   Restrictions within the public right-of-way
   5-2-1-17.   Time restrictions on work hours
   5-2-1-18.   Standards for traffic control
   5-2-1-19.   Right-of-way work, excavation and restoration
   5-2-1-20.   Inspection and testing
   5-2-1-21.   Conditions of permit
   5-2-1-22.   Variance procedure
   5-2-1-23.   Revocation of permits
   5-2-1-24.   Stop-work order
   5-2-1-25.   Appeal
   5-2-1-26.   Merchandise displays prohibited; exception
   5-2-1-27.   Merchants' display permit; fee; restriction
   5-2-1-28.   Injurious substances on public property prohibited
   5-2-1-29.   Vehicles with lugs or spikes prohibited
   5-2-1-30.   Dead trees along streets prohibited; duty of owner
   5-2-1-31.   Tree trimming requirements along right-of-way
   5-2-1-32.   Engaging in games or sports upon streets
   5-2-1-33.   Permit for parades required
   5-2-1-34.   Application for parade permit
   5-2-1-35.   Removal of dirt and ice from sidewalk
§ 5-2-1-1. DEFINITIONS.
   For the purpose of this Article 2, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (A)   ALLEY. A permanent public service way providing a secondary means of access to lands otherwise abutting upon a street.
   (B)   APPROACH. A place improved for vehicular or pedestrian traffic on a street right-of- way, which connects the edge of the pavement of a street with a driveway or sidewalk.
   (C)   BOARD. The Board of Public Works and Safety or its successor.
   (D)   CABLE OPERATOR. A person who is authorized to provide cable service under an agreement with the City of Lawrence.
   (E)   CITY ENGINEER. The City of Lawrence Office of the City Engineer.
   (F)   CODE. The Municipal Code of the City of Lawrence.
   (G)   COMMERCIAL ACCESS. An entrance and an approach which connects a City street with a driveway to private property, used for multiple-family, commercial, industrial, school, church and other similar uses which ordinarily will carry a heavy traffic movement.
   (H)   COMMISSION. The Metropolitan Development Commission of Marion County, Indiana.
   (I)   DRIVEWAY. Every way or place not on the right-of-way of any street or alley and which is used for vehicular traffic.
   (J)   FIELD ACCESS. An approach which connects a City street or road with vacant lots, fields or other unimproved property.
   (K)   HISTORICAL AREAS. All areas designated as historical areas by the Metropolitan Development Commission or by the Indiana Department of Natural Resources – Division of Historic Preservation.
   (L)   INSPECTOR. A City of Lawrence representative or any other person authorized by the City Engineer to perform inspections.
   (M)   OTHER ACTIVITY. Does not include routine inspection, engineering, land surveying, tree or brush trimming or other activities not involving street excavation or which do not impede traffic flow at any single point for a period of time of more than four hours by a cable operator or utility covered under an annual utility permit.
   (N)   PARKING LANES. Any lane where parking is permitted at the time of the work being performed.
   (O)   PERMIT HOLDER. Person to whom a permit described in these regulations has been issued.
   (P)   PERSON. Includes and is applied to associations, clubs, societies, firms and partnerships and bodies politic and corporate as well as to individuals.
   (Q)   PLAT. A map indicating the subdivision of land, intended to be recorded and prepared in accordance with the requirements of the Subdivision Control Ordinance, 58-AO-13, of Marion County, Indiana, as amended.
   (R)   PRELIMINARY PLAN. A tentative map indicating the subdivision of land, prepared in accordance with the Subdivision Control Ordinance, 58-AO-13, of Marion County, Indiana, as amended.
   (S)   SIDEWALK. Any paved right-of-way dedicated or intended to be dedicated or used for public use and intended only for pedestrian traffic.
   (T)   SINGLE-FAMILY RESIDENCE ACCESS. An approach which connects a City street with a driveway to a residence, barn, private garage or other improved property ordinarily used by the owner or occupant of the premises, his or her guests and necessary service vehicles.
   (U)   THOROUGHFARE. Includes all freeways, expressways, primary arterials and secondary arterials as defined and described in the Thoroughfare Plan for Marion County, Indiana, latest edition.
   (V)   TRAFFIC LANES. Any lane not designated as a parking lane.
   (W)   UTILITY. Every corporation, company, individual, association of individuals, their lessees, trustees or receivers appointed by any court whatsoever, that may own, operate, manage or control any plant or equipment within the State of Indiana for the conveyance of telegraph or telephone messages, or for the production, transmission, delivery or furnishing of heat, light, water or power, or for the collection, treatment, purification and disposal in a sanitary manner of liquid and solid waste, sewage, night soil and industrial waste, but the term shall not include a municipality that may acquire, own or operate any of the foregoing facilities.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-2. USE OF PUBLIC WAYS; PERMIT REQUIRED.
   (A)   No street excavation or any other activity within the public right-of-way of a City street shall be made until a right-of-way use or excavation permit has been obtained from the City Engineer.
   (B)   Any activity within the public right-of way of a thoroughfare street shall require a permit from City of Indianapolis.
   (C)   All applications, except for those excluded by contract or franchise agreement with the City of Lawrence, shall be accompanied by the permit fee, as well as the bond and/or statement of financial responsibility required by this chapter.
   (D)   In addition to all other remedies stated in this chapter, whoever violates any provision of this chapter shall be subject to the general penalty provisions of this code, as set out in § 1-1-2-3.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-3. EMERGENCIES.
   In emergency situations, when there is not time to follow standard application procedures, the City Engineer may issue an emergency permit. During normal business hours, the applicant shall call the City Engineer to get authorization for an emergency permit. If the event occurs after normal business hours, the applicant shall call the City Engineer as early as practicable on the following business day and give the location, reason for the emergency and timeframe for making repairs. The applicant shall file a standard permit application on that business day.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-4. OBSTRUCTION OF PUBLIC WAYS PROHIBITED.
   It shall be unlawful to block or otherwise cause, create or maintain any obstruction of any street, alley, sidewalk or other public way within the City, except as may be specified by this code or by order of the Street Commissioner, City Engineer or Chief of Police.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-5. CONTRACTOR REGISTRATION.
   Any person, firm or corporation planning to do work under this chapter shall be registered in accordance with § 2-1-4-1 .
(Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-6. BONDING.
   (A)   No street cut or right-of-way use permit shall be issued until a satisfactory maintenance bond is filed with the City.
   (B)   Either a three year maintenance bond in the sum of $10,000 for a specific location or a three year blanket maintenance bond in the sum of no less than $100,000 for all locations per calendar year, shall be required to work in right-of-way. The City Engineer may require the bond amount be increased upon review of the application.
   (C)   Bond shall name the "City of Lawrence" as the beneficiary or obligee.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-7. APPLICATION FOR RIGHT-OF-WAY PERMIT.
   (A)   The application for a right-of-way excavation permit shall be submitted to and approved by the City Engineer on forms approved by the Board and, at a minimum, include the following:
      (1)   A properly executed permit application, in the form designated by the Engineer, including but not limited to the following information:
         (a)   The name and address of the contractor responsible for the work;
         (b)   The nature of, and the reason for, the work to be performed;
         (c)   The location of the worksite and the dimensions of the excavation, including a map and specifications which shall show the existing conditions; the proposed location with reference to the grade lines; the surface of the street(s); the dimensions and material of the conduit, pipeline(s), electrical wiring, or other devices; and the manholes, appliances and connections to be used therewith;
         (d)   The anticipated length of time to complete the work;
         (e)   The method of traffic control to be used by the applicant at the worksite;
         (f)   Any other pertinent information requested by the City Civil Engineer.
         (g)   A maintenance bond as identified in § 5-2-1-6; and
   (B)   All these plans and specifications shall be furnished by and at the expense of the applicant.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-8. KINDS AND CATEGORIES OF PERMITS.
   (A)   Right-of-way use permit (with no excavations). This class of permit is required whenever there are activities performed in the paved or unpaved areas within the public right-of-way, and does not include any excavations. This permit is also required for trenchless or boring work within the right-of-way. If any portion of a travel lane or sidewalk is even partially blocked, a right-of-way use permit shall be obtained and a 24-hour emergency phone number and permit number shall be posted in clear view at the job site at all times.
   (B)   Excavation permit. This class of permit is required whenever excavation is being made in the paved or unpaved areas of the public right-of-way. For paved areas, this permit includes the use of the lane in which excavation is located. For unpaved areas, this permit includes the use of the lane adjacent to the excavation.
      (1)   To the fullest extent reasonably possible without impeding the restoration of needed utility services or when a clear and present danger to public safety is demonstrated, the City Engineer may restrict excavation in streets that have been constructed or resurfaced within two years prior to the permit application date.
   (C)   Annual utility permit. This class of permit allows cable operators and utilities to maintain existing infrastructure within the public right-of-way. This permit shall also allow utilities to perform emergency repair work, the duration of which is less than four hours. This permit shall extend to contractors employed by the cable operator or utility as long as the contractors are carrying documentation (in the form of a letter on the cable operator's or utility's letterhead stating the nature and duration of the work being performed on behalf of the cable operator or utility) of the employment. However, if the work impedes traffic flow, written notification must be made to the City Engineer.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
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