(A) No person shall make or cause to be made any excavation in or under any street, parking, sidewalk, alley, or other public property or remove any earth, soil, paving, gravel, or other material therefrom without first having obtained a permit therefor from the City Engineer’s office. Any person, before receiving a permit to make excavations or remove any soil, earth, paving, gravel, or other material from any street, parking, sidewalk, alley, or other public property shall deposit a bond in the amount of $10,000, to be approved by the City Engineer, in the office of the City Finance Officer, covering all excavations for the year for which bond is given and covering the excavations for 3 years, provided, however, that a duly licensed plumber who has deposited a plumber’s bond, which shall also cover bonding of excavations for a period of 3 years, shall not be required to purchase a bond as a condition to making the excavation.
(B) Before any permit is issued, application for the same shall be made at the City Engineer’s office, which shall state where the excavation is to be made, the extent thereof, adjacent to what property, the purpose of the excavation, and whether applicant has a bond and proper insurance on file with the City Finance Officer for making the excavation. If the applicant has not filed the bond, then before a permit shall be issued, the applicants shall furnish a bond as a guarantee for the proper refill and proper guarding of the excavation and the maintaining of the same in good condition for 3 years thereafter.
(1975 Code, § 22-28) (Ord. 608, passed 8-16-1973) Penalty, see § 10.99
Statutory reference:
Authority to regulate street excavations, see SDCL §§ 9-30-1 and 9-45-1