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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
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§ 5-2-1-17. TIME RESTRICTIONS ON WORK HOURS.
   Time periods when work in, under, on or over public rights-of-way shall, except in cases of emergencies, be prohibited or limited:
   (A)   No commercial or residential property shall be denied access to the abutting street between the hours of 5:00 p.m. and 8:00 a.m. unless reasonable prior notice has been given to the property owner and occupant; and
   (B)   Unless approved by the City Engineer, blocking of traffic or altering of traffic patterns on City streets shall not be performed on weekdays (excluding legal holidays) between 7:00 a.m. and 9:00 a.m. and/or between 4:00 p.m. and 6:00 p.m. Work hour restrictions do not apply if the work is being performed behind concrete barriers or other semi-permanent protective structures that are in place 24 hours per day.
   (C)   All weekend work shall require approval from the City Engineer at least 24 hours in advance.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-18. STANDARDS FOR TRAFFIC CONTROL.
   Standards for traffic control for construction and maintenance operations in, on, under and over the public right-of-way.
   (A)   Traffic control for construction and maintenance activities in, on, under and over the public right-of-way shall conform to and be in accordance with the Indiana Manual of Uniform Traffic Control Devices, latest edition, and all other applicable state and federal laws.
   (B)   The permit applicant or permit holder may propose to the City Engineer that traffic control measures less stringent than those described above in division (A) be implemented as part of a specific permit. If in the opinion of the City Engineer conditions exist that would allow the use of less stringent traffic control, the City Engineer may issue the specific permit subject to the less stringent control.
   (C)   All traffic-control devices shall:
      (1)   Be installed prior to commencement of operations;
      (2)   Be properly maintained and utilized during operations; and
      (3)   Be removed immediately upon completion of the work.
   (D)   The City Engineer may issue a stop-work order at any worksite which the City Engineer determines endangers the traveling public or the workers on the scene until the circumstance which endangers the traveling public or the workers on the scene is corrected or eliminated.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-19. RIGHT-OF-WAY WORK, EXCAVATION AND RESTORATION.
   All work within a public right-of-way for which a right-of-way excavation permit is required shall be performed in accordance with, and conform to, the City of Lawrence standards or as directed by the City Engineer.
(Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-20. INSPECTION AND TESTING.
   The permit holder may be required to provide to the City Engineer test results as requested. The inspector may require additional random testing. Activation of permits serves as notification for inspections. The permit holder shall provide documentation (delivery tickets and required test certification) verifying proper materials and installation procedures to the inspector.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-21. CONDITIONS OF PERMIT.
   (A)   As a condition of issuing a permit under this section for the placement of facilities within the right-of-way, the permit holder shall, at a minimum, agree to the following.
      (1)   The permit holder is solely responsible for all maintenance, reconstruction or damage caused by the placement or operation of his or her facilities.
      (2)   If it is determined by the City Engineer that the location of the facilities is a genuine public safety hazard or if the facilities impede the development of a capital improvement project that benefits the public, the applicant must relocate the facilities to a more appropriate location within the right-of-way or remove the facilities from the right-of-way at their expense.
   (B)   In the event the applicant fails to propose, within 30 days of the notice of a genuine public safety hazard issued by the City Engineer, a relocation plan acceptable to the City Engineer or to present other evidence acceptable to the City Engineer that the alleged public safety hazard is not a hazard, the City Engineer shall recommend to the applicant appropriate remedial action, which may include relocation at the applicant's expense.
   (C)   Failure of a permit holder to comply with this section shall result in a fine of not less than $1,000.00 per day of noncompliance and not more than $5,000.00 per day of noncompliance. The fines for noncompliance shall not be assessed or accumulated until the permit holder has had reasonable opportunity to correct the situation. This sanction shall in no way limit the operation of penalties elsewhere in this chapter.
   (D)   The City Engineer may assess the fines administratively and may withhold issuing permits until the fines are paid and facilities relocated appropriately.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-22. VARIANCE PROCEDURE.
   Substantial deviations from these regulations shall not be made without written approval from the City Engineer. The City Engineer may grant variances and/or waiver of any portion of these regulations when a written request is received by the City Engineer.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-23. REVOCATION OF PERMITS.
   (A)   The City Engineer may revoke a permit obtained under the provisions of this chapter and/or execute a stop-work order where the permit application, plans or other supporting documents required by this chapter reflect:
      (1)   A false statement or misrepresentation as to material fact;
      (2)   Lack of compliance with permit requirements;
      (3)   Failure to comply with the requirements of this chapter; or
      (4)   Failure to post surety or execute covenants as required by the City Engineer.
   (B)   This sanction shall in no way limit the operation of penalties provided elsewhere in this chapter.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-24. STOP-WORK ORDER.
   (A)   The City Engineer shall have the power to order all work stopped on any work in the right-of-way if the work is being done in violation of any provisions of this chapter.
   (B)   Work shall not be resumed after the issuance of the stop-work order except on the written permission of the City Engineer and payment of penalties as described in this chapter.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-25. APPEAL.
   Any person affected by these regulations and who objects to a decision made or action taken may appeal in writing within ten working days the decision or action to the City Engineer. The decision of the City Engineer may be appealed to the Board. The appeal shall be in writing and received by the Board within five business days of the decision being appealed. The Board shall hear all appeals at its next regularly scheduled meeting. The Board may confirm, reverse or modify the decision or action. The order of the Board shall be final.
(Am. Ord. 15, 2020, passed 12-7-2020)
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