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City of Marceline, MO
Linn County
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Table of Contents
Table of Contents
[R.O. 2003 § 510.010; Ord. No. 11.102 §§ 1 — 10, 12-2-1980]
A. 
It shall be unlawful for any person to excavate or cause any excavation to be accomplished within the City except in conformity with the regulations herein set out.
B. 
Any person desiring to cause any excavation in any street or alley shall apply to the City Clerk in writing for a permit therefor, and such application shall be accompanied by a certified or cashiers check payable to the City or by cash deposit in the amount and for the purpose hereinafter set out.
C. 
The amount of the deposit required by Subsection (B) above shall be as follows:
1. 
For excavation in any public street: two hundred dollars ($200.00).
2. 
For excavation in any public alley: one hundred dollars ($100.00).
D. 
The deposit herein required shall justify the issuance of a permit for excavation in any street for a linear distance not to exceed the width of the street named in the permit so issued. No permit shall be issued for any excavation which shall exceed in length the width of the street named in the permit without the express authorization of the City Council.
E. 
Along with the deposit as herein required, any person applying for a permit to excavate shall execute and deliver to the City Clerk a written agreement in the form and manner as may be required by said City to indemnify said City from any loss or liability whatever arising out of any personal injuries or property damage sustained by any person or persons whomsoever by reason of the excavation authorized under the permit so issued.
F. 
The application for a permit as herein set out shall definitely describe the location of the excavation contemplated and shall state that such excavation shall not exceed the width of the street named in the application.
G. 
Upon compliance with the provisions herein the City Clerk of said City shall issue a permit to excavate and such permit shall be in the name of the person applying therefor and shall describe and define the location of the excavation for which the permit shall be issued and shall be signed by the City Clerk who shall affix the Seal of the City thereto. No excavation shall be made in any such street or alley until such permit shall have been issued.
H. 
After any excavation for which a permit shall be issued shall be completed, the City shall within a reasonable time thereafter restore the street to a condition similar to the condition before excavation, and shall prepare and file with the City Clerk an itemized statement of the cost of such repair, whereupon the City shall deduct from the deposit made an amount equal to the City's repair cost and return the balance of the deposit, along with a copy of the statement of the repair cost, the party making the deposit. If the cost of restoration shall exceed the deposit the party requesting the excavation shall promptly pay to the City the amount that such costs shall exceed the deposit made.
I. 
No person shall make or cause to be made any excavation at any location, public or private, within the City, and leave such excavation unattended for any period of time whatever, unless and until such excavation shall be surrounded by barricades sufficiently rigid to guard against any person falling into or against such excavation or the material removed therefrom. Between sundown and sunrise, all excavations, whether attended or not, shall be lighted by flares, torches or other illumination sufficient to warn either pedestrian or vehicular traffic of the danger therefrom.
J. 
Any person who shall violate any provisions of this Section shall be deemed guilty of an ordinance violation.