(A) It shall be unlawful for any person to erect, attempt to erect, cause to be erected, or to maintain any sign, post, or standard or any other equipment whatsoever for the display of any sign for any purpose in the space provided for street right-of-way, public sidewalks, public parking, or between any sidewalk and street curb or any street within the town.
(B) It shall be unlawful for any person to erect, attempt to erect, cause to be erected, or to maintain any structure object, device, or other items within the area provided for street rights-of-way, public sidewalk, public parking, or between the space of ground between any sidewalk and street curb on any street within the town.
(C) The Town Manager or his or her representative may allow the placement of utility poles and equipment and U.S. postal equipment within the rights-of-way; however, other items so placed shall be removed as directed by the Town Manager or his or her representative. It shall be the responsibility of the abutting property owner to remove same.
(D) It shall be unlawful for any person to dig any hole, ditch, trench, or excavation of any kind or make any embankment in or on any street or right-of-way of the town or to place any wiring, apparatus, piping or any other such material within the rights-of-way of the town without first securing a permit therefor in writing from the Town Manager. Each and every day that such an opening, excavation, trenching, or placement of material remains after notification from the Town Manager to remove or to properly repair such right-of-way shall be a separate offense.
(E) No permit shall be issued by the Town Manager to cut or excavate in or through any street or sidewalk of the town unless a satisfactory bond, if required, has been filed or a cash deposit is made to cover the cost of replacing such street or sidewalk in as good a condition in all respects as before excavating. Such estimated cost shall be furnished by the Town Manager, the amount based on the extent of the proposed opening, cut, or excavation and the character of paving and the like estimated per square yard.
(F) All excavations at work in the streets, sidewalks, alleys, rights-of-way, or public places of the town shall be under the supervision and control of the Town Manager or his or her representative, whose duty it shall be to inspect the same from time to time during the progress thereof. Upon the completion thereof, he or she shall make a final inspection and shall see to it that the street, sidewalk, or public place is restored to a condition as good in all respects as before the excavation or work was made or done and that all debris, material, tools, and equipment are removed therefrom. If such failure or refusal is continued after notice from the Town Manager or his or her representative, each day’s continuance shall constitute a separate and distinct offense.
(G) It shall be unlawful for any person to make any excavation or do any work which may create or cause a dangerous condition in, on, or near any street, alley, sidewalk, or public place of the town without placing proper guard rails and signal light or other warnings at, in, or around the same, sufficient to warn the public of such excavation or work and to protect all persons using reasonable care from injuries on account of same.
(H) When any part of any street or right-of-way or public place in the town shall be torn, dug up, or taken up, the person doing such work shall, immediately upon the completion of the work and as fast as practical during the accomplishment thereof, return the earth, ram, and water tamp or puddle to firm and solid bearing and, in such manner as will entirely prevent settling of the earth and where such property is unpaved and is grass, shall reseed said area with substantially the same grass as was present of the time of the beginning of the work. Such work shall be done to the satisfaction of the Town Manager or his or her representative. It shall be unlawful for any person to neglect, refuse, or fail to comply with any provision of this section after notice from the Town Manager or his or her representative. Each day’s continuance shall constitute a separate and distinct defense.
(I) Paving torn up, disturbed, or removed in any street or place where openings have been made shall be rebuilt at the expense of the person making or causing such excavation in a skillful and permanent manner, and the service of such street or place shall be left in as good a condition as before the opening was made. All work so done shall be done and performed under the direction of the Town Manager or his or her representative. Persons making or causing excavations on streets or other places, when ordered by the Town Manager or his or her representative to re-pave or replace any such street in as good a condition as found, shall proceed, with all reasonable dispatch, to properly complete such work. It shall be unlawful for any person to refuse, fail, or neglect to comply with this division (I). Where such failure, refusal, or neglect is continuous, each day’s continuance shall constitute a separate offense.
(Prior Code, § 22-4) (Ord. 2-98, passed 2-5-1998) Penalty, see § 151.99