City of Fredericktown, MO Chapter 510 Streets and Sidewalks

Section 510.010 Permit To Cut Street, Sidewalks, Etc.

[R.O. 2013 § 530.010; Ord. No. 4; Ord. No. 80-7 § 2; Ord. No. 03-78 § 1, 12-8-2003]

A. No person shall tear up, dig up, cut into the surface of or excavate any part of any public sidewalk, street or alley within the limits of the City without first obtaining permission to do so from the City Clerk, who shall be authorized by the Board of Aldermen and the Mayor to issue written permission to tear up, dig up, cut the surface of or excavate any of the sidewalks, streets or alleys upon the following terms and conditions:

1. Fees. The City Clerk shall receive the following fees for issuing the permit required by this Chapter:

a. For excavation on parkways, the sum of five dollars ($5.00).

b. For excavation in sidewalks or perpendicular to any street, alley or highway in which the excavation is made:

(1) For sidewalks, the sum of five dollars ($5.00).

(2) For gravel surface, the sum of ten dollars ($10.00).

(3) For blacktopped surface, the sum of twenty dollars ($20.00).

(4) For concrete surface, the sum of thirty dollars ($30.00).

c. For cuts that are parallel to the alley, street, highway or sidewalk in which the excavation is made, the sum of seventy-five cents ($0.75) per running foot.

d. In no event shall any agency or department of the City be charged a fee for a permit.

2. Consent Of City Administrator. The City Clerk shall not issue the permit required by this Chapter without first obtaining the written consent of the City Administrator or his/her designated representative.

3. Excavation In Concrete And Asphalt Streets. When being any mechanical device having steel pads or tracks for excavations on asphalt or concrete streets, such pads or tracks shall be covered with suitable material so as not to mar the asphalt or concrete surface of the street.

a. Excavations In Concrete Streets Or Sidewalks.

(1) All cuts in concrete shall be a minimum of four (4) feet wide and shall be made with approved cutting tools so as to have a straight edge on the adjoining pavement.

(2) All excavations in concrete shall have not less than six (6) inches of undisturbed soil on either side of the trench between trench and edge of adjoining concrete.

b. Excavations In Asphalt Streets. All cuts in asphalt streets shall be made by proper cutting tools so as not to crack or disturb asphalt beyond width of trench.

4. Restoration Of Excavations.

a. Excavations in public parkways shall be filled with dry dirt from bottom to top and tamped in layers not to exceed six (6) inches in depth. The holder of the permit shall restore the parkway to the same condition as existed before the excavation.

b. Excavations in concrete streets or sidewalks shall be filled with chat from bottom to within six (6) inches of the top of the existing concrete. The remaining six (6) inches shall be filled with portland cement mix as may be prescribed by the City Engineer. The holder of the permit shall replace such concrete to the same level as the adjoining concrete, and where the new joins the old concrete, that a firm bond is obtained. The top finish of the new concrete shall be the same as the old concrete it joins.

c. Excavations in asphalt streets or alleys shall be filled with chat from the bottom to within five (5) inches of the top. The remaining five (5) inches of the excavation shall be filled and tamped with asphalt mix. The new asphalt shall be well compacted and where the new asphalt joins the old asphalt a firm bond shall be obtained and the level of the new asphalt surface shall be the same as the old asphalt surface it joins.

d. Excavation in gravel streets or alleys shall be filled with chat from the bottom to within twelve (12) inches of the top. The remaining twelve (12) inches shall be filled and tamped with crushed stone and such stone shall be tamped in layers not to exceed six (6) inches in depth.

5. Protection Of Public. Whoever shall in any City dig, make or cause to be dug, any excavation in any street, avenue, alley or other public place, or in any place immediately adjoining the same, and shall fail or neglect to place or cause to be placed around and along such excavation such barriers as shall be sufficient to prevent persons, animals or vehicles from falling into such excavation, or shall fail or neglect to keep or cause to be kept a red light burning during the night or other warning device approved for use after dark, at each end of such excavation, shall be deemed guilty of an ordinance violation.

6. Permit Restrictions.

a. Where the excavation extends across the entire street, the street may not be closed to traffic without permission of the City Engineer or Street Superintendent and then not for more than four (4) hours. The permit holder shall notify the Fire Department of the time the street will be closed and opened.

b. All excavations in gravel and asphalt streets, including parkways, shall be completed within five (5) days after date of issuance. A penalty of ten dollars ($10.00) per day shall be charged beginning on the sixth day and continuing until completion unless an extension of time is granted by the City Engineer or Street Superintendent upon request of permit holder prior to expiration date.

c. All excavations in concrete streets and sidewalks shall be completed within fifteen (15) days after issuance of permit. A penalty of ten dollars ($10.00) per day shall be charged beginning on the sixteenth day and continuing until completion unless an extension of time is granted by the City Engineer or Street Superintendent upon request of permit holder prior to expiration date.

d. The permit holder shall be responsible for maintenance of the excavation he/she makes in streets, sidewalks and parkways for a period of six (6) months from date of issuance of permit. Upon notice by the City Engineer or Street Superintendent, the permit holder shall make any necessary repairs within eight (8) hours after notification. Upon failure to do so by the permit holder, the City shall make the necessary repairs and charge all costs to the permit holder.

Section 510.020 Duty To Keep Sidewalks Clean And Free Of Mud, Filth, Etc.; Public Works Director To Report Violations.

[R.O. 2013 § 530.020; Code 1952, Ch. 4, Article I § 41]

All persons in the City shall keep the paved sidewalks in front of the tenements respectively occupied by them swept and clear of mud, dirt and filth, and after any fall of snow shall cause the snow to be immediately removed therefrom into the carriageway of the street. Any person violating this Section shall be deemed guilty of an ordinance violation, and the Public Works Director shall report to the Mayor all persons violating this Section.

Section 510.030 Rain Pipes And Gutters — Construction So As Not To Spread Or Spill Water Over Sidewalks.

[R.O. 2013 § 530.040; Code 1952, Ch. 4, Article I § 38]

Any person owning or occupying any building in the City who shall not cause the pipes or gutters conducting the water from the eaves of the building to be so constructed as not to spread or spill the water over the sidewalks shall be deemed guilty of an ordinance violation.

Section 510.040 Duty To Keep Gutters Free Of Obstructions; Public Works Director To Give Notice.

[R.O. 2013 § 530.050; Code 1952, Ch. 6 § 2]

It shall be the duty of every owner or occupant of any lot or premises to keep the gutter next to and adjoining such lot or premises free at all times of all accumulations likely to impede the free passage of water therein. It shall be the duty of the Public Works Director to give verbal or written notice to such persons to clean and remove obstructions from such gutters.