[R.O. 2009 §215.445; Ord. No. 2124 §1, 6-6-2005]
A.
No
individual, firm, corporation or public utility shall make or begin
any excavation in any public street, road or alley, right-of-way dedicated
to the public use or utility easement of record or within any private
street or private property within the City of Higginsville without
first, when necessary to determine proximity to underground facilities,
giving notice to and obtaining information concerning the possible
location of any underground facilities which may be affected by said
excavation from each and every owner and operator of underground facilities
whose name appears on the current list of the Recorder of Deeds in
and for the County in which the excavation is to be made. An excavator
shall serve notice of intent to excavate to the State notification
center at 1/800/344-7483 and individual non-participants, owners or
operators at least two (2) but not more than ten (10) working days
before commencement of activity. All notices by an excavator shall
comply in all respects with Section 319.026, RSMo., and as amended.
B.
For
the purpose of this provision, "excavation" shall
mean: any operation in which earth, rock or other material in or on
the ground is moved, removed or otherwise displaced by means of any
tools, equipment or explosives and includes, without limitation, backfilling,
grading, scraping, cable or pipe plowing, plowing-in, pulling-in,
ripping, driving and demolition of structures, except that the use
of mechanized tools and equipment to break and remove pavement and
masonry down only to the depth of such pavement or masonry, the use
of high-velocity air to disintegrate and suction to remove earth,
rock and other materials, and the tilling of soil for agricultural
or seeding purposes shall not be deemed excavation. Backfilling or
moving earth on the ground in connection with other excavation operations
at the same site shall not be deemed separate instances of excavation.
C.
Any
violation of this provision is subject to punishment pursuant to the
Higginsville Code of Ordinances.
D.
In
addition to any criminal penalty, any individual, firm, corporation
or entity that violates the provisions of this Section shall be liable
to the owners of any underground facility damaged by the unlawful
excavation for the fair and reasonable expenses incurred in repairing
or replacing the damaged facilities. In addition, they shall be liable
to the owners of any other underground facilities for the costs incurred
incidentally due to repair of the damaged facilities, including, without
limitation and by way of example, only emergency locates, overtime
compensation and excavation. An action for damages under this provision
may be filed in any court of competent jurisdiction.
[R.O. 2009 §215.400; CC 1976 §24-5; R.O. 1954 §462]
No person shall throw or place, or cause to be thrown or placed,
on or upon any highway or street in the City, any tacks, nails, wire,
cans, scrap metal, glass, crockery, sharp stones, or other substances
injurious to the feet of persons or animals or to the tires or wheels
of vehicles. Any person who has purposely, accidentally, or by reason
of an accident, dropped from his/her person or any vehicle, any such
substance upon the highway or street, shall immediately make all reasonable
efforts to clear such highway or street of the same.
[R.O. 2009 §215.410; CC 1976 §24-34; R.O. 1954
§482]
It shall be the duty of every owner, lessee, occupant, agent
or custodian of property within the City, to keep the paved sidewalks
abutting on the property owned, leased, occupied or over which he/she
has control as agent or custodian, swept clean of mud, filth, dirt
and other substances.
[R.O. 2009 §215.420; CC 1976 §24-35; R.O. 1954
§§483, 484]
It is hereby made the duty of every owner, lessee, occupant,
agent or custodian of property within the City to remove all snow
or ice from paved sidewalks abutting on property owned, leased, occupied
or controlled, or over which he or she has custody, within six (6)
reasonable working hours after the said snow has fallen or the ice
formed. Every period of six (6) hours that a person shall fail to
comply herewith shall constitute a separate offense.
[R.O. 2009 §215.430; CC 1976 §24-36; R.O. 1954
§485]
All owners and agents, lessees or tenants of any lot or tract
of ground, along or around which there is a sidewalk shall at all
times keep such sidewalk clean from any grass, weeds or other vegetation
tending to obstruct in any manner the free passage of pedestrians
over such sidewalk, and such owners, agents, lessees or tenants shall
cut down and clear away from such sidewalk all weeds, grass and other
vegetation as often as may be necessary to keep sidewalks clear as
above required. Any person violating any of the provisions of this
Section shall be guilty of an ordinance violation.
[R.O. 2009 §215.440; CC 1976 §24-37; R.O. 1954
§486]
Whoever shall place any sticky, greasy or offensive substance
upon or expectorate upon the sidewalks in the City shall be guilty
of an ordinance violation.
[R.O. 2009 §215.550; CC 1976 §18-47; Ord. No. 1037 §§1—3, 7-7-1980; Ord. No. 1872 §§1—2, 1-18-2000]
A.
Rides. No person shall stand in a roadway for the purpose
of soliciting a ride.
B.
Employment, Business, Contributions. No person shall stand
on a street or highway for the purpose of soliciting employment, business
or contributions from the occupant of any vehicle, except as follows:
1.
It shall be lawful to solicit contributions from a vehicle only when
the following conditions have been met:
a.
A permit must be obtained from the Chief of Police not more than
ninety (90) days nor less than thirty (30) days prior to any solicitation.
b.
The permit application must include the name of the group or organization
soliciting contributions including address and phone number. The person
in responsible charge of the solicitation must also be identified.
c.
The application for a permit must clearly identify the event, project
or activity for which funds are being solicited. Solicitations may
be made only for those events, projects or activities which meet and
serve the needs of the Higginsville community, and proceeds must be
used only in a non-discriminatory manner.
d.
The permit application must clearly state the location at which solicitations
are to be made. Solicitation shall be limited to only one (1) location.
e.
Dates and hours of solicitation must be stated on the permit application.
Solicitation will be permitted only on these dates and hours. Solicitation
shall be limited to daylight hours only.
f.
The group or organization applying for a permit must provide a certificate
of insurance naming the City of Higginsville, Missouri, as an "additional
named insured" in the amount of one million dollars ($1,000,000.00).
The insurance policy must include coverage for the "solicitation of
contributions from the occupants of vehicles".
g.
Only one (1) group or organization may solicit funds on any given
date. Should more than one (1) group or organization wish to solicit
on the same date, approval will be determined on a "first come, first
served" basis.
h.
Solicitations shall be permitted for a total of no more than four
(4) days in any calendar month.
i.
A separate permit must be obtained for each event, project or activity.
j.
Any contributions solicited upon a public street which is also a
State highway must obtain separate approval from the Missouri Department
of Transportation (MoDOT) for this activity, if required.
C.
Violation. Any person violating any of the terms of the
Section shall be deemed guilty of an ordinance violation.
