Cross References — As to requirement that animal off the premises of owners be leashed, §205.070 of this Code; as to raising and lowering of utility wires in order to move buildings, §500.080; as to removal of mud, debris, etc., from streets and sidewalks during construction periods, §510.080; as to regulations governing use of streets during construction work, §§510.110 to 510.180; as to loitering in public places, §210.237; as to prohibition against deposit of litter in public places, §210.170; as to sidewalks to be kept free of litter, §210.173; as to prohibition against sweeping litter into gutters, §210.173; as to removal of weeds, rank vegetable growths in streets and public places, §215.110.
[CC 1997 §24-1; Ord. No. 156 §7, 6-14-1954; Ord. No. 576 §7(24-1), 12-22-1998]
Permission is hereby granted to any person engaged in the business of supplying telephone or telegraph service or electric service in the City to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of the trees from coming into contact with the wires and cables of the person supplying telephone or telegraph service or electric service. Any such tree trimming is to be done under the supervision and direction of any City Official to whom the duties have been or may be delegated and completed in a manner consistent with the provisions of Chapter 540 of this Title.
[CC 1997 §24-1.5; Ord. No. 470 §§1 — 3, 3-15-1995]
A.
All property owners in the City of Oakland, Missouri, shall be obligated and required to maintain at their own expense any and all physical objects including, but not limited to, trees, shrubs, grasses, walls, porticos, stoops, awnings, area ways, walls or other structures or things that encroach upon the right-of-way of any City street as that term is defined in Chapter 405 of the Municipal Code so that the street right-of-way, including sidewalks, is kept in a reasonably safe condition for travel and as public thoroughfares in the usual modes by day and night.
B.
Any
object or thing within a street right-of-way that obstructs or interferes
with the use of the streets or sidewalks shall be deemed a nuisance
and the City shall have the right to remove it.
C.
The
requirement that property owners maintain such objects that abut their
property shall apply regardless of who planted or placed the object
in the street right-of-way.
[CC 1997 §24-2]
No person shall drive, cause to be driven or permit to be driven
any cart, wagon or motor vehicle used to transport manure, garbage,
ashes, cinders, earth or any other loose material in any of the streets,
roads, highways or thoroughfares of the City unless the same is fitted
with a tight and substantial cover thereon, the sides of which shall
not be less than twenty-four (24) inches high and the tailgate or
tailboard twenty-four (24) inches high, so that no portion of such
material or debris shall be scattered or thrown into or upon the streets,
roads, highways or thoroughfares and all carts, wagons or motor vehicles
used for the hauling of any of the debris described in this Section
shall have a sufficiently tight covering so closely fitted as to prevent
the escape or flying about of any of the contents therefrom.
[CC 1997 §24-3]
No person shall kindle, set fire to or burn any leaves, paper,
trash, tree branches, vegetable growth or other inflammable material
whatsoever in or upon any public street, right-of-way or gutter.
[CC 1997 §24-4]
No person shall willfully or knowingly obstruct or damage any
public road, thoroughfare, street or way by obstructing the side or
cross drainage or ditches thereof or by turning water upon such road
or right-of-way or by throwing or depositing brush, trees, stumps,
logs or any other refuse or debris of any kind whatsoever in the road,
street, thoroughfare or way or on the sides or in the ditches thereof
or by fencing across or upon the right-of-way of the same or by planting
any hedge, shrubs, trees or other objects or erecting any advertising
sign within the lines established for such road or by changing the
location thereof or shall obstruct the road, highway, street, thoroughfare
or way or the drains thereof in any manner whatsoever.
[CC 1997 §24-5]
No person shall drive and no person shall direct or permit any
driver to drive any motor vehicle or other moving vehicle over, along
or upon any street, thoroughfare, highway or road within the City
when any wheel or tire thereof is covered with dirt, gravel, clay
or other material or substance so that the same might be dropped,
spilled, spread or thrown upon the roadway.
[CC 1997 §24-7; Ord. No. 264 §1, 1968; Ord. No. 339 §1, 11-12-1979; Ord. No. 717 §1, 6-14-2006]
No person shall make or cause to be made any excavation in any
public way or place without first obtaining a permit from the City
Engineer as hereinafter provided, except public work done under the
authority of the Board of Aldermen by the employees of the City and
except as otherwise provided in emergency cases. All work done by
the employees of the Metropolitan St. Louis Sewer District (MSD) shall
be immune from the requirements of this Article regarding the payment
of fees and submission of approved insurance policies. This exception
shall not apply to third party contractors working for MSD. Each excavation
shall require a separate permit and inspection for which a fee of
thirty-five dollars ($35.00) for the permit and thirty dollars ($30.00)
per inspection to be paid in advance to the City at the time the application
is filed.
[CC 1997 §24-8; Ord. No. 264 §2, 1968]
A.
Application
for an excavation permit shall be made in writing to the City Engineer,
which application shall contain information regarding the purpose,
location and size of the proposed excavation and the approximate time
when work on same will be commenced. Before any permit is issued,
the applicant shall furnish proof of adequate insurance and protection
to the City against all claims for damages arising from the prosecution
of the work and shall deposit with the City Clerk a sum adequate to
repay the City for its cost of backfilling or inspection. There shall,
in addition, be deposited and maintained with the City Clerk, a sum
as determined by the City Administrator, as a standing deposit to
secure compliance with the provisions of this Article. The deposit,
or the balance thereof, if any, shall be refunded upon certification
that the person making and maintaining the deposit no longer intends
to engage in any activity involving excavations in public ways or
places in the City and after payment of all amounts due to the City
for permits issued or services performed by the City for such person
in securing compliance with the provisions of this Article.
B.
Any
person having occasion to make frequent excavations in any public
place, street, highway, walkway, alley, right-of-way or easement in
the City or any plumbing contractor having his/her principal place
of business in this City for the last five (5) years prior thereto,
who shall make any such excavations, shall not be required to pay
the permit fee each time application for the same is made, nor the
estimated cost for the backfilling and inspection, but may be billed
on a monthly basis for such fees and costs.
[CC 1997 §24-9; Ord. No. 264 §3, 1968]
A.
In
the making of excavations in any public way or place, the excavated
materials from the trenches shall be placed where they will cause
the least possible inconvenience to the public. The width of excavation
shall be no greater than is necessary for doing the work and sheathing
and bracing shall be used, as necessary, to keep the sides of the
trench vertical and to prevent caving. Adequate provision for proper
drainage in the areas surrounding the work shall be maintained at
all times. All excavations shall be made in such manner as not to
inconvenience or interfere with the public use or travel upon the
public ways or places when possible. When such use is unavoidably
obstructed, the person making such excavation shall exercise all reasonable
dispatch in progressing the work so that the public use will not be
obstructed beyond a reasonable time. Where an excavation is made entirely
across a public highway and adequate detour for traffic is not available,
a substantial driveway shall be maintained across such excavation
until such excavation is refilled. Detours may not be established
except on special permit from the City Engineer and then only after
notice to the Fire Department and Police Department of the City. Any
public ways or places disturbed, interfered with or injured in making
any excavation shall be restored, replaced and repaired to as good
condition as it was before such excavation was made.
B.
Every
person who makes or causes to be made any excavation in or adjoining
any public way or place shall provide, erect and maintain at all times
along the line of work all such barricades, signs, lights and warning
signals as may be necessary to protect the public from the hazards
arising from the operation.
[CC 1997 §24-10; Ord. No. 264 §4, 1968]
Excavations made in or under the street, walk or driveway or
pavements shall be backfilled with granular material thoroughly compacted
into place and the pavement surface restored to its original condition.
In such locations excavated materials are to be removed from the site
of the work as soon as practicable after the excavation is made and
no such material unduly allowed to accumulate on the site.
[CC 1997 §24-11; Ord. No. 264 §5, 1968]
The approved granular backfill material shall be composed of
either crushed quarry rock or gravel and sand, free from any clay,
lumps, trash or dust-sized particles. Other materials may be used
only with the approval of the City Engineer. The size of any material
used shall be such that it will pass a one (1) inch mesh screen and
be retained in a twenty (20) inch mesh screen. Quarry material and
gravel or sand is to be placed in horizontal layers no greater in
final thickness than six (6) inches and shall be densified by mechanical
tamping or inundating and vibration. The maximum density of such material
shall be at least one hundred five (105) pounds per cubic foot, dry
weight basis.
[CC 1997 §24-12; Ord. No. 264 §6, 1968]
Excavations in parkways, outside of the paved area of streets or walks, may be backfilled with earth and all grass areas returned to their original condition. Earth backfill is to be placed and compacted in lifts not over six (6) inches in initial thickness with pneumatic tamping and air pressure of at least eighty (80) P.S.I. and on the surface of each lift a minimum of ten (10) seconds per square foot of area on all portions of the lift. As soon as the excavation has been backfilled, all excess excavated materials shall be removed from the area and disposed of. If granular fill is used, the granular fill shall not come closer to the surface than twelve (12) inches and shall be placed in accordance with Section 520.130. The top (12) twelve (12) inches of the fill will be made as outlined above, with the shallower soil removed from the excavation, which shall be set aside at the start of the excavation. Similar material from other excavations may be substituted when the excavation includes tunneling under the ways or other pavement. The excavated tunnelway shall be rammed full of acceptable backfill material before the access openings are backfilled.
[CC 1997 §24-13; Ord. No. 264 §7, 1968]
A.
The
work of placing and compacting granular backfill and repaving excavated
areas in paved streets and walks is to be performed by the holder
of any excavation permit and contractors and utility companies engaged
in the construction, replacement or repair of utility lines in paved
areas shall be required to perform granular backfill and repaving
operations as a part of the construction or replacement project and
to furnish the City with satisfactory guaranty covering performance
of the work in accordance with the above specifications. Contractors
and utility companies engaged in the construction, replacement or
repair of utility lines in paved areas shall have the option of backfilling
the trench with the excavated material in lieu of granular material;
provided, that the soil is not frozen when being replaced, has been
protected by covering while excavated, the moisture content during
backfilling is not greater than during excavating, has no individual
lumps with a volume larger than two (2) cubic inches; and provided,
that the material shall be backfilled and compacted in lifts no thicker
than four (4) inches in initial thickness with pneumatic tamping at
air pressure of at least eighty (80) P.S.I. on the surface of each
lift a minimum of thirty (30) seconds per square foot of area on all
portions of the lift.
B.
The
cost of the temporary and final paving of the excavation shall be
at the cost of the permittee. In the restoration of paved areas, including
any street constructed with a soil cement base, the type of materials
used for the replacement of base and surface shall be the same as
those which were removed and such replacement shall be accomplished
in compliance with the requirements of the City Engineer or his/her
authorized representative. The surface shall be replaced or paved
immediately with a hard bituminous material which will be temporary
until the backfill has become sufficiently stable to support a permanent
pavement after which it shall be permanently paved with material comparable
to the original pavement.
C.
In
addition, an inspection fee of four dollars ($4.00) per hour, while
backfilling and repaving is in process, shall be paid to the City
by any contractor, utility company or corporation performing backfilling
and repaving in paved streets, driveways and walks with either granular
material or excavated material. As soon as the excavation has been
backfilled, any excess excavated materials shall be removed from the
area and disposed of.
[CC 1997 §24-14; Ord. No. 264 §8, 1968]
Any person proposing to backfill an excavation or who desires
a backfill to be made by the City shall notify the City Engineer not
later than 3:00 P.M. of the day before the work is to be done in order
to properly coordinate the work. Backfilling should be performed by
the permittee or by a contractor employed by the permittee who is
acceptable to the City.
[CC 1997 §24-15; Ord. No. 264 §9, 1968]
A.
The
approximate cost of granular backfill and repaving operations to be
performed by the Street Department of the City to the person desiring
to make an excavation under or through the paved portion of any street
or walkway will be estimated by the City Engineer at the time application
for the excavation permit is submitted and the money shall be deposited
with the City Clerk as a prerequisite to the issuance of the permit.
B.
Upon
the completion of the backfilling and repaving by the Street Department,
a final estimate of the actual quantities of work done will be prepared
by the City Engineer; if such final estimate is less than the original
estimate, refund will be made; if it is greater, a charge will be
made for the balance and no subsequent excavation permit will be issued
until such balance has been paid.
Every applicant for an excavation permit shall register with
the City proof that the applicant is maintaining liability insurance
in the sum of one million dollars ($1,000,000.00), combined single
limit, for any injuries or damages received or sustained by any person
or property on account of the excavation work or on account of or
in consequence of any neglect in safeguarding the work. Such insurance
shall be carried in a firm or corporation which has been licensed
or permitted to carry on such business in the State and shall be kept
continuously in force as long as the excavation work is in process.
A verified copy of the insurance policy shall be filed with the City
Engineer, with the certificate of the insurer that the policy is in
full force and effect and that the insurance will not be altered,
amended, terminated or ended without notice having been given to the
City.
[CC 1997 §24-17; Ord. No. 264 §11, 1968]
In the case of an emergency where the public health or safety
is endangered and the office of the City Engineer is not open, the
provisions of this Article relating to the issuance of permits prior
to the commencement of work of excavation shall not apply. In such
case the person making the excavation shall notify the City Police
Chief that emergency work is being commenced and the location thereof
and the work may proceed immediately following the procedures hereinabove
provided for backfilling; provided, that final surfacing or temporary
patches shall not be applied to the excavation until such time as
the City Engineer has inspected and approved the backfill and issued
the permit therefor. Application for the permit shall be made on the
first (1st) day on which the office of the City Engineer is open after
the work is commenced.
