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EXCAVATION AND REPAIR
It shall be unlawful for any person to make any excavation or do any other work which may cause a dangerous condition in or on any street, alley, sidewalk, public way or public place in the town, unless a written permit therefor shall have been first obtained from the Town Administrator or his or her assign. No permit shall be issued in any case where a bond is required, until a bond shall have been executed and filed with the Town Administrator. The officers having authority to grant the desired permit may refuse to grant the same for good and sufficient cause, but the applicant therefor shall have the right to appeal such refusal to the Board of Aldermen.
(1987 Code, § 4-1-11) Penalty, see § 91.999
Every permit for excavations in, or work upon, the streets, alleys, sidewalks or public places of the town shall specify the location, character and extent of the proposed excavation or work, the name of the person to whom the same is granted, and the name of the person by whom the excavation is to be made or the work to be done. The permit shall also specify that the same shall become void if the excavation or work authorized therein shall not be begun and completed within a time to be specified therein, and shall require that notice of the proposed work be given to the police communications center 24 hours in advance of beginning the work. In an emergency, such notice shall be given as soon as possible. Such permit shall further provide that the same is subject at any time to be revoked by the Board of Aldermen, Director of Public Works or Town Administrator. It shall be unlawful for any person to neglect or refuse to comply with the provisions of such permit, or to make any excavation, do any work or continue the excavation of work after the expiration or revocation of the permit.
(1987 Code, § 4-1-12) Penalty, see § 91.999
(A) When any part of any street, sidewalk, alley or public place of the town shall be torn, dug up or taken up, for any purpose, the person doing the same shall immediately upon the completion of such purpose, and as speedily as practicable during the accomplishment thereof, return the earth, ram and water-tamp or puddle the same to firm and solid bearing, in such manner as will entirely prevent the settling of such earth; and shall replace the surface of the street, sidewalk, alley or public place and restore the same to a condition as good in all respects as before the excavation was made, all of which shall be done according to the directions of the Director of Public Works and the Town Administrator, and to their satisfaction. Any person neglecting, refusing or failing to comply with any provision of this section shall be guilty of a violation thereof, and where such neglect, refusal or failure is continued, after notice from the Town Administrator, every day’s continuance thereof shall constitute a separate and distinct offense.
(B) Persons who make excavations or perform other work in or on any street or public way shall traffic control and warning measures in compliance with the guidelines in the Manual on Uniform Traffic-Control Devices, published by the U.S. Department of Transportation, and the Construction and Maintenance Operations Supplement (to the MUTCD) published by the State Department of Transportation.
(1987 Code, § 4-1-13)
It shall be unlawful for any person, firm or corporation making any excavation for any purpose whatsoever in any of the streets or sidewalks to fail to securely cover such excavations with planks, or place ropes around the same three feet from the ground or to fail to provide sufficient illumination to provide warning to the traveling public including pedestrians.
(1987 Code, § 4-1-14) Penalty, see § 91.999
It shall be unlawful for any person, firm or corporation to drag, or run, or cause to be dragged or run any harrow or other implement, engine, machine or tool upon any asphalt, bitulithic, warrenite or other permanently paved street of the town which shall be liable, in any way, to injure or cut the surface thereof. It shall also be unlawful to injure any dirt street in the same manner.
(1987 Code, § 4-1-15) Penalty, see § 91.999
No person shall move any house or building, except a mobile home, as defined in this code, upon or across the public streets or sidewalks without the written consent of the Board and the deposit of a good and sufficient bond in the sum of $350,000 to cover damage done to such street or sidewalk or to any property of any person.
(1987 Code, § 4-1-16) Penalty, see § 91.999
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