[CC 1975 §63.600; Ord. No. 90-35 §63.600, 12-4-1990]
A. 
Except in the case of public works done by authority of the Board of Aldermen and except as provided in Section (A) and (B) hereof, no person or entity shall make or cause to be made any opening or excavation in any public street, sidewalk, tree lawn, parkway, or right-of-way unless a permit is first obtained therefor from the Mayor or City Administrator or Street Superintendent.
B. 
In the case of platted single-family lots, curb cut permits shall not be required when a site plan has been approved.
C. 
The provisions of Subsection (A) of this Section requiring a permit before any excavating is commenced shall not apply in emergencies where the public safety or welfare is endangered, provided such permit is applied for as soon as practicable after the work is commenced.
[CC 1975 §63.610; Ord. No. 90-35 §63.610, 12-4-1990]
All applications for permits required by this Chapter shall be made in writing to the Mayor, City Administrator or his/her designated agent, which application shall state the location and size of the proposed excavation and when the work is to be commenced.
[CC 1975 §63.620; Ord. No. 90-35 §63.620, 12-4-1990]
Except as otherwise expressly provided in this Chapter, before any permit required by this Chapter is issued by the Mayor, City Administrator or his/her designated agent, the applicant therefor shall pay a permit fee of twenty-five dollars ($25.00) for each one hundred (100) lineal feet of excavation or part thereof.
[CC 1975 §63.630; Ord. No. 90-35 §63.630, 12-4-1990]
A. 
Except as provided in Subsection (C) of this Section, before any permit required by this Chapter is issued by the City, the applicant therefor shall deposit with the City:
1. 
For each excavation up to ten (10) square feet, the sum of one hundred fifty dollars ($150.00).
2. 
For each excavation of more than ten (10) square feet, and less than fifty (50) square feet, the sum of five hundred dollars ($500.00).
3. 
For each excavation in excess of fifty (50) square feet an additional twenty-five dollars ($25.00) for each ten (10) additional square feet or fraction thereof.
B. 
If, within ten (10) working days after the issuance of a permit, the permittee restores the pavement in satisfactory form such deposit shall be refunded to him/her; otherwise the City shall use the deposit for the purpose of employing others to restore the pavement or other surface, and the permittee shall be liable to the City for any cost in excess of the amount of the deposit, plus a penalty of twenty-five percent (25%) of the total cost of restoration. If the deposit is more than sufficient to restore the surface, the City shall retain the cost of the restoration, plus a penalty of twenty-five percent (25%) and refund the balance, if any, to the permittee.
C. 
In lieu of the payment of the deposit required by Subsection (A) of this Section, any person having occasion to make frequent openings or excavations, may post bond with the City in the amount deemed proper by the City. Such bond shall be conditioned that said person shall restore the pavement or surface in satisfactory condition within the time specified in an approved permit. In such case, permits shall be issued for work from time to time upon application therefor. In the event of the permittee's failure to restore the surface within the time provided in Subsection (B) of this Section, the City may employ others to restore the surface and charge the permittee therefor with the same penalty as provided in Subsection (B) of this Section. The cost of reconstruction charges incurred by the City will be deducted from the standing deposit.
[CC 1975 §63.640; Ord. No. 90-35 §63.640, 12-4-1990]
A. 
The work shall be carried out with minimum interruptions or inconvenience to motorists or pedestrians. The contractor shall maintain two-way traffic at all times. The contractor shall supply all necessary equipment signs, lights, safety vests, flagmen and other personnel and warning devices to adequately warn motorists and pedestrians of the construction activity. All warning devices shall be moved periodically as construction advances to maintain a consistent warning distance.
B. 
The contractor shall also provide the necessary barricades and warning devices of the project for all excavated areas that may create a hazard for both vehicle and pedestrians.
C. 
Where poor visibility or sight lines exist on a road the speed limit shall be reduced to insure that motorists can maintain safe vehicle speeds. "Men at work" warning signs shall be posted where practical at least one hundred fifty (150) feet in either direction of the street cut. The contractor shall at all times take the necessary precaution to protect the life and health of all persons employed on the work site. He/she shall familiarize himself/herself with the latest acceptable accident prevention methods and provide necessary safety devices in accordance with Ordinance 70, and the latest edition of "Missouri Standard Specification for Highway Construction".
D. 
The contractor shall conduct the work in a manner that will insure the least obstruction to traffic and shall provide for the convenience and safety of the general public.
E. 
Patching of existing pavements and rights-of-way: Pavement and dirt work shall be performed by experienced personnel and shall comply with the latest edition of the "Missouri Standard Specification for Highway Construction" for all work not covered herein.
F. 
Flexible Pavement. Patching shall include the saw cutting and removal of existing pavement, curb and gutters, sidewalk, subgrade, and the placement of a minimum of four (4) inches of compacted crushed stone base and replacement of excavated dirt with crushed stone then a minimum of four (4) inches of type C asphalt. In addition, a one (1) inch overlay covering an area equal to or greater than the full width of the road multiplied by one hundred (100) linear feet is to be carried out. The area of overlay should extend fifty (50) feet in both directions from the center line of the excavated trench.
G. 
Rigid Pavement. Where concrete pavement exists the contractor will be required to replace the entire slab area affected by the cut, thereby leaving no evidence of the disturbance.
H. 
Testing. Both compaction and compression tests will be required. Failure to obtain the required compaction or compression results may result in the removal and replacement of the patched area.
I. 
Cross section construction details shall be supplied on request.
[CC 1975 §63.650; Ord. No. 90-35 §63.650, 12-4-1990]
No person shall make any opening or excavation, driveway, curb cut and the like with or without a permit, in any street, sidewalk, parkway, tree lawn or other public place in the City without providing during the progress of the work and until said excavation has been backfilled and the surface restored, barricades around the same as a warning to the public, and between sunset and sunrise, lights or yellow lanterns around said excavation, lighted and sufficient in number, placed in such a manner as to be clearly visible in all directions.
[CC 1975 §63.660; Ord. No. 90-35 §63.660, 12-4-1990]
Any permit issued pursuant to this Chapter may be revoked for good cause or extended for a thirty (30) day period by the City.
[CC 1975 §63.670; Ord. No. 90-35 §63.670, 12-4-1990]
It shall be the duty of the Police to report to the Mayor or City Administrator any excavation or opening in or being made in any street, sidewalk, curb, parkway, tree lawn or other public place and to ascertain whether the provisions of this Chapter have been complied with. Arrests shall be made of persons violating the provisions thereof and said work shall be stopped until compliance is made herewith.
[CC 1975 §63.680; Ord. No. 90-35 §63.680, 12-4-1990]
Any person in violation of this Chapter shall be guilty of a misdemeanor and be punished by a fine of not more than five hundred dollars ($500.00) and/or imprisonment of not more than ninety (90) days in Jail.
[CC 1975 §63.700; Ord. No. 90-35 §63.700, 12-4-1990]
No person shall engage in any land disturbing activity or any other action that causes or permits any soil, earth, sand, gravel, rock, stone, concrete, building materials or other materials or liquids to be deposited upon or to roll, flow or wash upon, in or over any public street, street improvement, road, sewer, storm drain, water course or right-of-way or any other public property in a manner to damage or to interfere with the use of such property, or which creates a hazardous condition detrimental to the health, safety and welfare of the public.
[CC 1975 §63.710; Ord. No. 90-35 §63.710, 12-4-1990]
A. 
No person shall when hauling soil, earth, sand, gravel, rock, stone, concrete, building materials or other material, or liquid over any public street, road, alley or public property allow such materials or liquids to blow or spill over and upon such street, road, alley or public property.
B. 
The operator or equipment engaged in hauling shall not permit soil, earth, rock or other materials to fall from the vehicle, including wheels of said vehicle, upon such street, road, alley or public property.
[CC 1975 §63.720; Ord. No. 90-35 §63.720, 12-4-1990]
A. 
If any such soil, earth, sand, gravel, rock, stone or other material or liquid is caused to be deposited upon or to roll, flow or wash upon any public property in violation of Sections 540.100 and 540.110, the person responsible shall be notified and shall cause same to be removed from such property within four (4) hours, unless a longer period is granted by the Mayor or the City Administrator. If a violation described above results from an active residential or non-residential development, the person responsible shall be deemed either the vehicle operator, developer or prime contractor.
B. 
In the event of an immediate danger to the public health, safety or welfare, notice shall be given by the most expeditious means and the material or liquid shall be removed immediately. In the event it is not so removed, the City may cause such removal and the cost of such removal by the City, or anyone contracted by the City, shall be paid to the City by the person who failed to so remove the material and shall be a debt due the City, and payable within thirty (30) days of said removal.
[CC 1975 §63.730; Ord. No. 90-35 §63.730, 12-4-1990]
Any person violating the provisions of this Article shall be guilty of a misdemeanor and upon conviction, shall be subject to a fine, not to exceed five hundred dollars ($500.00) and costs, and/or five (5) days imprisonment.