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CHAPTER 99: STREETS AND SIDEWALKS; TREES AND SHRUBS
Section
General Provisions
99.001 Depositing or leaving litter rubbish or debris upon streets and sidewalks; failure to remove
99.002 Throwing heavy objects upon streets
99.003 Burning rubbish on streets
99.004 Mixing mortar upon pavement
99.005 Pouring gasoline upon pavement
99.006 Goods to be received or delivered from alley where possible
99.007 Unauthorized removal of barriers and barricades
99.008 Engaging in games or sports
99.009 Fees for use of rights-of-way
99.010 Prohibiting the use of public right-of-ways for the purpose of selling goods and solicitations
99.125 Stringing wires through trees
99.126 Entering roofs to string wires without permission
99.127 Permitting employees to enter roofs to string wires without permission
99.128 Identification and numbering of poles
99.129 Certain wires to be placed underground; exception
Trees, Shrubs and Flowering Plants
99.140 Variety of trees permitted to be planted along streets
99.141 Protection of newly planted trees
99.142 Location and spacing
99.143 Removal of unauthorized trees; exception
99.144 Costs of removal responsibility of property owner
99.145 Trimming of trees and shrubs duty of property owner
99.146 Permit required to trim, remove or plant trees, shrubs and the like
99.147 Powers of Board of Park Commissioners
99.148 Interference with Park Commissioners or agents prohibited
99.999 Penalty 99.001 DEPOSITING OR LEAVING LITTER, RUBBISH OR DEBRIS UPON STREETS AND SIDEWALKS; FAILURE TO REMOVE.(A) It shall be unlawful for any person to place, throw, drop, deposit or sweep any litter, rubbish, refuse, trash, debris, garbage or slops in, into, on or upon any street, roadway, sidewalk, bridge, alley, space between sidewalk and curb or edge of roadway, park, playground, public building, public ground or any public place within the city. ('74 Code, 25-4(a))
(B) It shall be unlawful and a separate offense for any person placing, throwing, dropping, depositing or sweeping any litter, rubbish, refuse, trash, debris, garbage, or slops on or upon any street, roadway, sidewalk, bridge, alley, space between sidewalk and curb or edge of roadway, park, playground, public building, public ground or any public place within the city, whether intentionally, unintentionally, carelessly, negligently or accidentally, to fail to promptly remove the same. ('74 Code, 25-5)
(C) STREET, HIGHWAY, ROADWAY, SIDEWALK and ALLEY as used in this chapter shall be deemed to have the meaning ascribed to in 70.01. ('74 Code, 25-4(b))
(Ordinance G-34, passed - - ) Penalty, see 99.999 99.002 THROWING HEAVY OBJECTS UPON STREETS.
It shall be unlawful for any person to throw, hurl or cast any hard or heavy material or object on or upon the paved surface of any street, sidewalk or public place in the city in such a manner as to damage it.
('74 Code, 25-10) Penalty, see 99.999 99.003 BURNING RUBBISH ON STREETS.
It shall be unlawful for any person to burn or set fire to leaves or any rubbish on any street.
('74 Code, 25-7) Penalty, see 99.999 99.004 MIXING MORTAR UPON PAVEMENT.
It shall be unlawful for any person to mix mortar or any other substances upon the pavement or sidewalk in any street, unless the mixture is confined in a good, watertight box or other vessel, preventing thereby the mixture or any part thereof from coming in contact with the pavement.
('74 Code, 25-14) Penalty, see 99.999 99.005 POURING GASOLINE UPON PAVEMENT.
It shall be unlawful for any person to permit gasoline or other substances that will damage street pavement to be discharged, thrown or deposited upon any street pavement that may be injuriously affected thereby.
('74 Code, 25-15) Penalty, see 99.999 99.006 GOODS TO BE RECEIVED OR DELIVERED FROM ALLEY WHERE POSSIBLE.
It shall be unlawful for any person to receive or deliver by the front entrance to any building occupied by such person, over and across any sidewalk in the city, any goods, wares or merchandise when access can be had to such building from the rear thereof and over and through any paved alley that may be adjacent to the real estate upon which such building is situated. ('74 Code, 25-13) Penalty, see 99.999 99.007 UNAUTHORIZED REMOVAL OF BARRIERS AND BARRICADES.
Hereafter whenever the Board of Public Works of the city shall place or cause to be placed any barrier or barricade in or upon any public street, alley, or sidewalk in the city because of any repairs or improvements to such street, alley, or sidewalk, or because of any excavation made therein for public improvement, it shall be unlawful for any person to remove or destroy such barrier or barricade, or to drive any vehicle upon the street, alley or sidewalk, or walk or run upon the same.
('74 Code, 25-18) (Ord. 2330, passed - - ) Penalty, see 99.999 99.008 ENGAGING IN GAMES OR SPORTS.
It shall be unlawful for any person to play baseball, polo, tennis or football on the streets or sidewalks of the city, and it shall be unlawful to engage in any other games or sports upon such streets or sidewalks to the annoyance of travelers or residents thereon.
('74 Code, 25-9) Penalty, see 99.999 99.009 FEES FOR USE OF RIGHTS-OF-WAY.
(A)
(1) The fees for the use of the city's rights-of-ways will be limited to the direct, actual, and reasonably incurred costs inherent in managing the public rights-of-way. As used in this chapter, the term "management costs" includes but is not limited to the costs of registering rights-of-way occupants, verifying rights-of-way occupation, mapping rights-of-way occupations, inspecting job sites and rights-of-way restorations, restoring work inadequately performed after providing notice and the opportunity to correct the work, administering this chapter, and the management costs associated with the implementation of this chapter. The fees for the use of the public rights-of-way shall be as follows:
| Excavation permit, asphalt pavement, concrete pavement, chip-seal pavement; per surface |
$ 140 |
| Excavation permit, grass, dirt, gravel pavement; per surface |
65 |
| Commercial access permit, new construction |
200 |
| Commercial access permit, new construction with aux lanes |
400 |
| Commercial access permit, reconstruction |
100 |
| Residential access permit, new construction |
40 |
| Sidewalk permit, new construction |
25 |
| Sidewalk permit, reconstruction |
10 |
| Parking lot permit, under 100,000 square feet |
75 |
| Parking lot permit, over 100,000 square feet |
150 |
| Poleline permit, per pole added |
50 |
| Oversize/Overweight permit |
50 |
| Barricade/temporary obstruction permit (varies, most basic) |
20 |
| Permanent encroachment permit |
50 |
| Access Standards Manual |
3 |
(2) Two copies of said fees are available for inspection in the office of the City Clerk.
(B) Public rights-of-way rental policy.
(1) Any individual, company, or organization not included under 99.031 (J) may request permission from the Board of Public Works to place private facilities within the public rights-of-way, subject to the following fees:
(a) Initial application fee of $200. This fee is to reimburse the city for administrative expenses necessary for the review and routing of the application through the engineering departments and is non-refundable regardless of the outcome of the application.
(b) Contract preparation fee of $100. This fee is to reimburse the city for legal contract preparation expenses and will be refunded should the final approval not be granted.
(c) An annual rental fee will be assessed that is dependant on the size of the encroachment, the type of facility to be placed, and the classification of the street right-of-way. Base fees are as follows:
1. Communication cable, excluding fiber optics cable, $0.54/l.f.;
2. Parking lots or other temporary structures, $0.54/sq.ft.;
3. Underground pipe and duct, $0.8l/sq.ft., computed at a minimum width of 1 ft.;
4. Fiber optics cable, $1.08/l.f.
The base fee is multiplied by a factor of one if the encroaching facility is on a residential street; by a factor of two if on a collector street; and by a factor of three if on an arterial street.
(2) The owners of any approved encroachments will be encouraged to join the Indiana Underground Plant Protection Service so as to be aware of any excavations scheduled in the vicinity of their facilities. However, should the applicant not want to join the Indiana Underground Plant Protection Service but desire notification of any work near their facilities, the city - at the city's option - can provide the service for an additional annual fee of $5,750. This fee is to recover the administrative costs inherent in monitoring the Indiana Underground Plant Protection Service on behalf of the encroachment holder.
(3) For good and sufficient cause, the city can elect to waive all or part of the annual fee. If any portion of the fee is to be waived, written documentation specifying the reasoning behind such a determination shall be attached to the rental/encroachment agreement.
(4) Rental/encroachment applications are to be submitted to the Board of Public Works, in a form as specified by the city. Upon payment of the application fees, the request will be routed to the engineering departments, the Community and Economic Development department, and the Right of Way department in order to solicit staff recommendations and comments pertaining to the possible consequences of approving or denying the request.
(5) Staff recommendations will be forwarded to the Legal department for contract preparation. The Legal department will be responsible for negotiating and documenting any deviations from the prescribed fee schedule.
(6) A contract or a memorandum prepared by the Legal department detailing the reasons agreement was not obtained will be forwarded to the Board of Public Works for a final determination of approval or denial, with such determination to be made at the regularly scheduled Board of Public Works meeting.
(7) Any approved rental/encroachment agreements will be conditional until such time as any and all necessary construction permits are obtained and until such time as the first annual payment is submitted to the city's accounting department. Subsequent annual payments will fall due on the anniversary date of the initial payment. The annual invoicing and the tracking of same will be performed by the accounting department.
(8) Any public utility or municipally owned utility as defined by I.C. 8-1-2-1 is excluded from coverage of this policy.
(C) The fees established herein shall not in any way limit the ability of the city to charge additional sums for other use of its rights-of-way as referenced herein.
('74 Code, 25-01) (Ord. S-54-85, passed 4-23-85; Am. Ord. R-76-91, passed 12-17-91; Am. Ord. G-33-93, passed 12-14-93; Am. Ord. G-17-97, passed 12-9-97; Am. Ord. G-24-98, passed 6-9-98)
99.010 PROHIBITING USE OF PUBLIC RIGHT-OF-WAY FOR THE PURPOSE OF SELLING GOODS AND SOLICITATIONS. (A) No street, sidewalk, space between the sidewalk and curbing (commonly known as "parkstrip"), curbing, or the commonly traveled portion of any street in the city, including any median (the portion of a divided highway separating the traveled ways for traffic in opposite directions), shall be utilized by any person for the purpose of sale or distribution without charge of any goods or materials, and/or the solicitation of donations for charitable purposes from the drivers or occupants of any motor vehicle.
(B) For the purposes of this section SALE or DISTRIBUTION shall mean the physical exchange of goods or materials with or without renumeration.
(C) Nothing in this section shall prohibit the sale or distribution without charge to, and/or the solicitation of donations for charitable purposes from persons other than the drivers or occupants of motor vehicles, which persons are not on the traveled portion of any street or median in the city.
(D) The prohibitions of this section shall only apply to major arterial streets as that classification is utilized in the Office of Traffic Engineering of the city.
(Ord. G-20-91, passed 7-9-91) Penalty, see 99.99
OBSTRUCTIONS AND ENCROACHMENTS
99.020 OBSTRUCTING FREE PASSAGE UPON STREETS AND SIDEWALKS. (A) It shall be unlawful for any person to obstruct the free passage along and upon any street, sidewalk, space between sidewalk and curbing, or commonly traveled portion of a street or other public place, and to place or permit to be placed upon such street, sidewalk, space between sidewalk and curbing, or commonly traveled portion of a street or any other public place, any thing or object whatsoever so as to obstruct or block the use thereof, or so to endanger the life or limb, or property of other using such passage.
(B) The city by and through its Board of Public Safety, may grant a permit to exempt any person or organization from the prohibitions set out in the preceding paragraph.
(C) The city by and through its Board of Public Safety, shall enact rules and regulations governing the use of it rights-of-way by those persons or organizations granted a permit pursuant to paragraph (B) of this section. The rules and regulations may include:
(1) The price of the permit.
(2) Limitation on the size, location and duration of any structure placed on the city's rights-of-way.
(3) A requirement that the permittee indemnify the city against any loss arising out of the use of the permit.
(4) Any other matter affecting the public health, safety and welfare.
(D) The rules and regulations enacted by the Board of Public Safety shall be subject to subsequent ratification by resolution of the Common Council.
('74 Code, 25-1) (Ord. G-06-88, passed 4-12-88) Penalty, see 99.999
99.021 OBSTRUCTION OR USE OF STREETS AND SIDEWALKS IN WRECKING OR RAZING BUILDINGS. It shall be unlawful for any person to wreck, raze or tear down any barn, house, building or other structure upon any premises within the city, when by such wrecking, razing and tearing down, any portion of a street, sidewalk or other public space is used, blocked or obstructed in any manner, or where such building, house, barn or other structure is within 15 feet of any such street, sidewalk or other public place, unless such person shall have paid a permit fee of $1 and received a permit to do so from the building department of the city and shall have posted with the city controller a bond with surety approved by the controller in the principal sum of $2,000 payable to the city and indemnifying and holding harmless the city from any damage or loss by reason of a consequence of such wrecking, razing or tearing down. The term "building" herein shall mean any partially constructed building, remains or ruins of a partially destroyed barn, house, building or other structure.
('74 Code, 25-2) Penalty, see 99.999
(1) A corner lot (The area bounded by the edges if intersecting roadways and a line intersecting such edge lines at points 40 feet distant from the intersection of the edge or roadway lines extended on their bearing before any deflection for the intersection).
(2) A lot at the intersection of an alley (The area bounded by the edge of the roadway and the edge of the intersecting alley and a line intersecting such edge lines at points 90 feet distant on the roadway and 15 feet distant on the alley from the intersection of such edge lines extended on their bearing before any deflection for the intersection.
(B) If any owner shall fail to remove any such obstruction within 15 days after notice, the city traffic engineer may cause them to be removed at the expense of the owner. The police, street, park and building departments will cooperate with the traffic engineer in the enforcement of this provision.
('74 Code, 17-93) (Ord. S-185-85, passed 10-8-85) Penalty, see 99.999
99.023 PERMITTING CELLAR DOORS TO BE LEFT OPEN.
It shall be unlawful for any person to keep or leave open any cellar door or grating of any vault on any street or sidewalk, or suffer the same to be left or kept open.
('74 Code, 25-12) Penalty, see 99.999
99.024 PLACING SIGNS BETWEEN PROPERTY LINE AND CURB LINE. It shall be unlawful for any person to erect, place or stand any signs, temporarily or permanently, between the property line and curb line on any public street except such signs which pertain to traffic regulations or restrictions. The Board of Public Safety shall cause the same to be removed.
('74 Code, 25-17) Penalty, see 99.999
EXCAVATIONS; OPENING OR TUNNELING
99.030 PERMIT REQUIRED.
It shall be unlawful for any person to cut into or make any opening in the surface of, or tunnel under, any street or sidewalk or public place in the city for any purpose whatsoever without having first secured the proper excavation permit provided for in the following section. All such permits shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the Board of Public Works or their authorized representative or any police officer.
('74 Code, 25-23) (Am. Ord. G-24-98, passed 6-9-98) Penalty, see 99.999
99.031 APPLICATION; ISSUANCE; CONDITIONS AND SPECIFICATIONS.
(A) Permit applications. Application for an excavation permit shall be made to the Board of Public Works or their authorized representative. Permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions:
(1) Submission of a completed permit application, in the form prescribed by the Board of Public Works, including all required attachments and scaled drawings showing the location and area of the proposed excavation and the location of all existing and proposed equipment.
(2) Payment of all money due to the city for prior obstructions or excavations, including any loss, damage, or expense suffered by the city as a result of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city because of such prior excavations or obstructions.
(3) Filing of a permit bond and liability insurance pursuant to 99.71.
(4) Payment of the permit fee pursuant to 99.009.
(B) Issuance of permit; conditions. If the Board of Public Works or their authorized representative determines that the applicant has satisfied the requirements of this section, an excavation permit may be issued.
(1) The Board of Public Works may impose reasonable conditions upon the issuance of an excavation permit and the performance of the applicant thereunder in order to protect the public health, safety, and welfare, to insure the structural integrity of the rights-of-way, and to minimize disruption and inconvenience to the traveling public.
(2) A permit shall be void unless the excavation to be made pursuant thereto is commenced within 30 days from the permit effective date and the work diligently completed.
(3) Each permit shall state a purpose for the excavation and a time period for completion of all the work to be done thereunder. The Board of Public Works or their authorized representative may grant extensions of time for good cause.
(4) The permittee shall be responsible to comply with all current federal, state, and local laws, regulations and requirements. As used in this chapter, the term "permittee" shall mean the person to whom an excavation permit is issued, as well as the person owning the facility or installation for which the excavation permit is issued.
(C) Permit fees; fee computation.
(1) The Board of Public Works or their authorized representative shall establish the excavation permit fee after considering the extent of the proposed excavation, as follows:
(a) The number of times an excavation makes a transition between differing types of rights-of-way surfaces designated within 99.009(A)(1). Each transition between pavement and non-pavement shall be considered an additional excavation.
(b) The length and width of an excavation where there is no transition between surface types. No single excavation, for permit pricing purposes only, shall exceed 450 square feet.
(c) The age of any pavement being excavated. Requests for excavations in pavement placed within the past year will not be granted except by declaration of an emergency, as determined by the Board of Public Works or authorized representative. If such emergency is declared, excavations in pavement placed within one year prior to the excavation will be assessed at five times the rate established by 99.009. Excavations made in pavement placed between one and two years prior to the excavation will be assessed at four times the rate established by 99.009. Excavations made in pavement placed between two and three years prior to the excavation will be assessed at three times the rate established by 99.009. Excavations made in pavement placed between three and four years prior to excavation will be assessed at two times the rate established by 99.009. Excavations made in pavement placed more than four years prior to the excavation will be assessed at the rate established by 99.009.
(2) All permit fees collected under this section will be receipted into the General Fund and will be used to off set the cost of controlling and managing the public rights-of-way.
(3) Permit fees paid for a permit that has been revoked pursuant to this chapter are not refundable.
(D) Rights-of-way restoration. The work to be done under the excavation permit, and the restoration of the rights-of-way as required herein, must be completed within the dates specified in the excavation permit. In addition to its own work, the permittee must restore the general area of the work and the surrounding areas, including trench backfill, paving and its foundations, to the same or better condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for 36 months thereafter, natural wear excepted.
(1) The Board of Public Works shall have the authority to prescribe the manner and extent of the restoration and may do so in written procedures of general application including General and Detailed Specifications for Street and Alley Pavements, Sidewalks, Curbs, Drainage Structures and Other Miscellaneous Items, as previously adopted by the Board of Public Works and as amended from time to time or on a case-by-case basis. In exercising this authority, the Board of Public Works or their authorized representative shall be guided by the following standards and considerations: the number, size, depth, and duration of the excavations; the traffic volume carried by the rights-of-way; the pre-excavation condition of the rights-of-way; the remaining life expectancy of the rights-of-way affected by the excavation; and the likelihood that a particular method of restoration would be effective in slowing the depreciation of the rights-of-way that would otherwise take place. Methods of restoration may include, but are not limited to, patching, replacement of the street base, and milling and overlay of the entire area of the rights-of-way affected by the work.
(2) By accepting an approved excavation permit, the permittee guarantees its work and shall maintain it for 36 months following its completion and acceptance by the Board of Public Works or their authorized representative. During this 36 month period, the permittee shall, upon notification from the Board of Public Works or their authorized representative and within a reasonable and acceptable time frame, correct all restoration work to the extent necessary using the method specified by the Board of Public Works or authorized representative.
(3) If the permittee fails to restore the rights-of-way in the manner and to the condition required by the Board of Public Works or their authorized representative, or fails to satisfactorily and timely complete all repairs required, the Board of Public Works or authorized representative, at its option, may perform the restoration with city forces or hire by contract the services of an independent contractor to perform the restoration. In that event, the permittee shall pay to the city, within 30 days of billing, the city's cost incurred in restoring the rights-of-way.
(4) At all times while the work is in progress, the permittee shall maintain at the job location a sign, barricade, or other device bearing the permittee's name in such a manner as to be clearly visible. The permittee shall maintain traffic control in accordance with the Indiana Manual on Uniform Traffic Control Devices, latest edition, and all other applicable state and federal laws.
(5) The permittee shall make the work site available for inspection at all reasonable times during the performance and upon completion of the work.
(6) The Board of Public Works or their authorized representative may order stoppage of work for deviations by the permittee from the excavation permit or may order the immediate cessation of any work which poses a serious threat to the life, health, safety, or well being of the public until such time as reauthorization of work is granted by the Board of Public Works or their authorized representative.
(7) If the work authorized by an excavation permit begins later or ends sooner than the date given on a permit, the permittee shall notify the Board of Public Works or their authorized representative of the accurate information as soon as this information is known.
(E) Scope of permit. An excavation permit is valid only for the area of the rights-of-way specified in the permit. No permittee may perform any work outside the area specified in the permit, except as provided herein. Any permittee that determines that it must excavate in an area other than that specified in the permit must, before working in that area, apply for a permit extension and pay any additional fees necessitated thereby. An excavation permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the permit end date. If a permittee does not finish the work by the permit end date, it must make application for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end of the previous permit.
(F) Other obligations.
(1) Obtaining a permit does not relieve the permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other laws.
(2) A permittee shall perform all work in conformance with all applicable law, and is responsible for all work done in the rights-of-way pursuant to its permit, regardless of who performs the work.
(3) Except in case of an emergency, or with the approval of the Board of Public Works or their authorized representative, no excavation shall be performed when weather conditions make such work unsafe to any person or if conditions exist that, if the excavation were performed, would cause degradation or damage to the rights-of-way that would not normally occur if such conditions did not exist.
(4) A permittee shall not obstruct any rights-of-way in a manner that interferes with the natural passage of water through the gutters or other waterways.
(G) Denial of permit.
(1) Mandatory denial. Except in the case of an emergency, an excavation permit shall be denied to any applicant who has failed within the past three years to comply or is presently not in full compliance with the requirements of this section; to any person who has delinquent debt owed to the city; to any person as to whom there exists grounds for the revocation of a permit under this chapter; and, if the issuance of a permit for the particular date or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. In determining whether a conflict or interference exists, the Board of Public Works or authorized representative shall be guided by the safety and convenience of ordinary travel of the public over the rights-of-way, and by considerations relating to the public health, safety, and welfare.
(2) Permissive denial. The Board of Public Works or authorized representative may deny a permit in order to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the rights-of-way, or when necessary to protect the rights-of-way or its users. The Board of Public Works or authorized representative, in its discretion, may consider one or more of the following factors: the capacity of the rights-of-way to accommodate additional facilities; the availability of other locations in the rights-of-way capable of supporting additional facilities; the degree of disruption to surrounding communities and businesses that will result from the proposed use of the rights-of-way; the condition and age of the rights-of-way; whether and when such rights-of-way are scheduled for total or partial reconstruction; this section; and other applicable ordinances and regulations.
(H) Work done without a permit.
(1) Emergency situations. A person or entity owning facilities previously located within the rights-of-way shall, within one business day, notify the Board of Public Works or their authorized representative of any event that it considers to be an emergency. Within two business days after the occurrence of the emergency, the owner or owner's representative shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this section for the actions it took in response to the emergency. In the event that the city becomes aware of an emergency regarding facilities not owned by the city, the city may attempt to contact the local representative of each facility affected, or potentially affected, by the emergency. In any event, the Board of Public Works may take whatever action it deems necessary in order to respond to the emergency, the cost of which shall be borne by the owner of the facilities whose equipment occasioned the emergency.
(2) Non-emergency situations. Except in the case of an emergency, any person who excavates rights-of-way without a permit must subsequently obtain a permit, pay double the computed fee for such excavation under provisions of 99.009 and 99.099(C) for said permit, deposit with the Board of Public Works or authorized representative the fees necessary to correct any damage to the rights-of-way, and comply with all of the requirements of this section.
(I) Revocation of permits. Permittees hold permits issued pursuant to this chapter as a privilege and not as a right. The city reserves its right, as provided herein, to revoke any excavation permit, without refund of the permit fee, in the event of a substantial breach of the terms and conditions of any law or any condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following:
(1) The violation of any material provision of the excavation permit;
(2) An evasion or attempt to evade any material provision of the excavation permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for an excavation permit;
(4) The failure to maintain the required bonds or insurance;
(5) The failure to complete the work in a timely manner; or
(6) The failure to correct a condition indicated on an order issued pursuant to this chapter.
(7) If the Board of Public Works or their authorized representative determines that the permittee has committed a substantial breach of any law or any condition placed on the excavation permit, the Board of Public Works or their representative shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated above, will allow the Board of Public Works or their authorized representative to place additional or revised conditions on the permit. Within 24 hours of receiving notification of the breach, permittee shall contact the Board of Public Works or their authorized representative with a plan, acceptable to the Board of Public Works, for correction of the breach. Permittee's failure to submit an acceptable plan or permittee's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit.
(8) If a permit is revoked, the permittee shall reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation.
(J) Additional requirements, public utilities, municipally owned utilities, and municipally owned sewer works. A public utility, as used in this chapter, shall include public utilities as defined by IC 8-1-2-1(a) and municipally owned utilities as defined by IC 8-1-2-1(h). Municipally owned sewer works are likewise subject to this chapter.
(1) Registration required. It shall be unlawful for any public utility to install, operate, construct, or maintain within any public rights-of-way any facilities unless such facilities are registered with the Board of Public Works or their authorized representative by filing a registration statement. All public utilities occupying city rights-of-way prior to adoption of this subchapter, upon passage of this subchapter and after receiving notice, shall have 60 days to register. The registration statement shall be in a form which shall include the following:
(a) The identity and legal status of the registrant, including any affiliates who own or operate any facilities in the public rights-of-way;
(b) The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement;
(c) The name, address, telephone number and procedural contact information of a local representative, who shall be available at all times in the event of an emergency;
(d) A general description of services that the registrant provides or intends to offer to persons within the city through the utilization of facilities in the public rights-of-way;
(e) A statement of the authority, including pertinent verifiable documentation, pursuant to which the registrant occupies the public rights-of-way; and,
(f) Such other information as the Board of Public Works may reasonably require.
(2) Registration fee. Each registrant, at the time of filing an initial registration statement, shall pay to the city a registration fee of $1,000.
(3) Coordination of excavations.
(a) Each public utility shall prepare and submit to the Board of Public Works or their authorized representative a utility master plan, in a format specified by the Board of Public Works or their authorized representative, that shows the horizontal and approximate vertical location relative to the boundaries of the rights-of-way of all facilities which it owns or over which it has control and which are located in any city rights-of-way. The utility master plan shall also show all planned major utility work for the next two years. Utilities shall submit an initial utility master plan no later than one year after the effective passage date of the ordinance adopting this section. Thereafter, each utility shall submit annually, on the first business day of July, a revised and updated utility master plan and an updated registration statement. The updated registration statement shall detail any facilities located within the rights-of-way formerly owned by the registrant and sold to another entity since the filing of the previous registration statement. As used in this section, the term "planned major utility work" refers to any and all future excavations planned by the utility when the utility master plan or update is submitted that affects rights-of-way for more than five days, provided that the utility shall not be required to show future excavations planned to occur more than two years after the date that the utility master plan or update is submitted. The city shall make all utility master plans submitted in accordance with this section available for public inspection unless the information submitted is clearly marked as proprietary in nature and the City Attorney concurs with the proprietary designation.
(b) Each public utility shall cooperate with other registered utilities and the city for the best, most efficient, most aesthetic and least obtrusive use of the public rights-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts.
(c) Each public utility shall participate in joint planning, construction and advance notification of public rights-of-way work, including coordination and consolidation of street cut work and participation in the monthly Utility Coordinating Committee meeting conducted by the city, excepting such work performed in an emergency or other exigent circumstance.
(d) Each public utility shall be a member of the Indiana Underground Plant Protection Service or other so designated underground reporting service(s) so as to be aware of any excavations scheduled in the vicinity of their facilities. In no case will the city be responsible for notifying a utility of any excavation permits issued by the city that could potentially conflict with the utility's facilities.
(e) All utility installations permitted under this chapter shall, upon demand of the Board of Public Works or their authorized representative, be relocated or lowered if required by the city to avoid potential conflicts with a proper governmental use of a street, alley, sidewalk or other public place, excluding private projects which are fully or partially publicly funded. All expenses incurred in relocating utility facilities shall be paid by the public utility.
(f) Should any utility fail, after notice, to remove or rearrange any utility facilities located within the rights-of-way at the Board of Public Works request, the city may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, such necessary removal or rearrangement. The city shall have no liability for any damage caused by such removal or rearrangement and the utility shall be liable to the city for all reasonable costs incurred by the city in such removal or rearrangement.
(g) If any public utility, after being afforded a reasonable opportunity for review of construction drawings and plans as supplied by the city for a public improvement project funded in whole or in part by the city, fails to inform the city of potential construction conflicts with that utility's facilities and the conflicts result in increased construction expense to the city, the city shall submit to the public utility an itemized statement of the cost of the increase for the public improvement project attributable to the public utility. The public utility shall, within 30 days after receipt of the statement, pay to the city the entire amount thereof.
(h) The city may, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any previously permitted public utility facilities located within the rights-of-way, in which event the city shall not be liable therefor to a public utility.
(4) Abandonment. In the event that use of any utility property located within the public rights-of-way is discontinued for a continuous period of 18 months, or any utility facilities have been installed within the public rights-of-way without complying with the requirements of this chapter, a utility shall be deemed to have abandoned such facilities.
(a) The city, upon such terms as it may impose, may give the utility permission to abandon, without removing, any utility property located on public rights-of-way. Unless such permission is granted, a utility shall remove all abandoned property upon written notice from the city and shall restore any affected public rights-of-way to its former state at the time such facilities were installed.
(b) Upon abandonment of any utility property in place, a utility, if required by the city, shall submit to the city a written instrument, satisfactory in form to the city, transferring to the city the ownership of the utility property so abandoned.
(5) City use of utility facilities. The city shall have the right to install and maintain, free of charge, upon any poles and within any underground pipes or conduits or other facilities of any public utility, located within the public rights-of-way, any facilities desired by the city which specifically serve public safety purposes, provided the installation and maintenance of such facilities does not unreasonably burden existing and future operations of the facility owner. Each utility shall cooperate with the city's reasonably disclosed future needs in planning, designing, and constructing utility facilities located in the public rights-of-way so as to accommodate the city's public safety facilities. The city shall pay the constructing utility all incremental costs associated with such planning, designing, and construction of the additional capacity necessary to accommodate the city's facilities.
(6) Insurance. A public utility shall take out, pay for and maintain during the period in which a permit is in effect, a policy of public liability and property damage insurance protecting permittee, permittee's agents and employees against any liability, injury or death sustained or suffered by the public or damage to public property of the public by reason of the work carried out under the permit. Each public utility shall obtain and maintain, at the utility's sole expense, with financially reputable insurers which are licensed to do business in all jurisdictions where any work is performed, naming the city as additional insured, not less than the following insurance:
(a) Worker's compensation as provided for under any Worker's compensation or similar law in the jurisdiction where any work is performed with an employer's liability limit per Indiana State statute.
(b) Commercial general liability, including coverage for contractual liability and products completed operations liability, with limit of not less than $300,000 combined single limit per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage liability, naming the city as an additional insured.
(c) "All Risk" property insurance covering not less than the full replacement cost of city's personal property while on the permittee job site.
(d) Permittee shall, as material condition of a permit, prior to the commencement of any work and prior to any renewal thereof, deliver to the city a certificate of insurance, satisfactory in form and content to the city, evidencing that the above insurance is in force and will not be cancelled or materially altered without first giving the city 30 days prior written notice.
(7) If required on the face thereof, the permit shall not be effective for any purpose unless and until the permittee files with the Risk Management Department a corporate surety bond or other security approved by the Risk Management Department in the amount specified on the face of the permit, said bond or other security to fully assure the performance by the permittee of all obligations imposed upon the permittee under the provisions of the permit and this chapter.
(K) Liability of city. Except due to negligence by the city, neither the city nor any officer or employee thereof shall be held responsible for any damages caused by any excavations in any rights-of-way made by any person under the authority of a permit issued pursuant to the provisions of this chapter. The permittee shall be solely liable for any damage or loss occasioned by any act or omission occurring in connection with the excavation, and shall fully indemnify, hold harmless and defend the city, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the city, its officers or employees may be subjected for injury of any type, death or property damage arising from or connected with any such act or omission. The city shall promptly notify a permittee, at the address set forth in the permit, of any claim or suit served upon the city and alleging negligent or wrongful conduct by the permittee in connection with an excavation or use of rights-of-way.
(L) Severability. Should any part of this chapter be declared invalid by a court of competent jurisdiction, the remaining provisions of this chapter shall remain in full force and effect.
(Ord. G-24-98, passed 6-9-98) Penalty, see 99.999
99.032 RECORDS OF PERMITS TO BE OBTAINED.
The Board of Public Works shall keep in its office a record of all such permits issued.
('74 Code, 25-25) Penalty, see 99.999
99.033 DISRUPTION OF ROUTINE TRAFFIC OPERATIONS; PROCEDURE.
(A) In streets or alleys within the area known as the central business district (CBD), the area bounded by Superior Street, the Pennsylvania Railroad, Clay Street, and Fairfield Avenue and in streets defined by ordinance as "through" or "preferential," disruptions to existing street and alley surfaces will be regarded as routine maintenance work, construction work or emergency work. Disruptions shall mean any cut into existing surfaces for maintenance or improvement, any reconstruction on or restoration of roadway or sidewalk surfaces, any resurfacing of existing roadways and any entree into existing manholes or vaults for any purpose whatsoever.
(1) For routine maintenance work which involves only entree into existing manholes and vaults, work may be performed at any time except between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. Monday through Saturday, providing that not more than one lane of traffic is blocked. Sidewalk vaults and manholes may be entered during any hour as long as vehicular traffic is not disrupted.
(2) For construction work:
(a) All reasonable efforts shall be made by the utility involved to cooperate with city authorities on closing the streets, blocking of traffic lanes and in the use of additional shifts so as to complete the work as readily as possible.
(b) All underground construction of major proportions shall be designed so as to facilitate ease of work ensuing under traffic, where possible.
(c) Underground and surface construction of minor proportions shall be designed so as to incorporate coverage of the work area with steel plating to facilitate traffic usage during non-work hours and during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
(d) All utility underground construction shall be in accordance with city general detailed specifications adopted by the Board of Public Works on August 14, 1961, pp. 479, and any revisions made thereto.
(e) Utilities shall avoid initiating new construction work wherever possible during the period starting the Saturday prior to Thanksgiving Day and ending on New Year's Day.
(3) For emergency work, the utilities shall normally work on a continuous basis and will be permitted to perform this work at any time without any imposed restrictions except to cooperate with the city authorities in regard to traffic control and public safety matters and to minimize to the extent reasonably possible, any disruption to the activities of the central business district. The designation of an emergency for a particular utility shall in all cases initially be left to the judgment of the utility involved. These situations would include those where the public safety and welfare are involved, unrealistic economic hardships are imposed, jeopardy to utility services exists and losses of utility services to areas or customers would persist.
(4) Every effort shall be made to close only one traffic lane at a time in any street. No disruptions shall close more than half of a street at any one time except where necessity dictates.
(5) Excavation material shall not remain in the roadway when the roadway is required to be open to traffic, unless permission is granted to do otherwise.
(B) All disruptions into roadways and sidewalks shall be barricaded and delineated with signs, flashers or lights, etc., as the situation may require in general accordance with schematic plans on file in the board of works offices. Additional delineation may be utilized as the utility or contractor desires. The job site shall be properly identified as to the utility responsible for the work performed.
(C) All street openings being restored with concrete shall utilize high-early strength proportioning. Where backfill procedures require an asphaltic thickness over concrete or in cases of open trenches, and where cuts are narrow and at approximate right angles to traffic lanes, steel plating shall be used to bridge the openings. Barricades may be used where cuts are wide or longitudinal to the traffic lanes and in cases where the use of plating is not necessary or appropriate.
(D) Where steel plating is necessary it shall be at least 3/4 inch in thickness and must be installed to prevent rocking or shifting due to vehicular traffic. Spiking of plates shall be permissible on asphalt surfaces only. All spiking must be secure against vibration.
(E) Permits for construction work shall be sought at least 72 hours in advance of the proposed work from the Board of Public Works, after final approval of plans by city departments. All roadway construction and resurfacing type work shall require a permit. All permits issued by the Board of Public Works shall require approval of the Police Department and the Traffic Engineering Department.
(F) All flaggers utilized in conjunction with permit work must wear clothing which clearly identifies their purpose to motorists. This may include reflective fluorescent vests and hard hats.
(G) After city working hours all applications for permits which due to emergency or other necessity must be secured immediately, the board of works or police desk sergeant will be called for verbal permission and a follow-up made through regular channels the following city working day to secure the normal written permit.
(H) The Board of Public Works or their authorized representative shall be authorized to request stoppage of work in lieu of deviation by the permittee from the work permit.
(I) All construction work on state highways which requires a state but not a city permit shall be reported to the Board of Public Works upon receipt of such permit.
('74 Code, 25-26) (Ord. G-21-68, passed - - )
SIDEWALKS
99.045 MATERIALS AND SPECIFICATIONS FOR CONSTRUCTION. All sidewalks hereafter constructed or laid within the corporate limits of the city shall be built or constructed of stone or cement, and of such widths, thickness and foundation as may be designated by the Board of Public Works.
('74 Code, 25-19) Penalty, see 99.999
99.046 ABUTTING OWNERS NOT TO PERMIT SIDEWALKS TO BE OUT OF REPAIR. It shall be unlawful for the owner of any building or lot to permit the sidewalk abutting thereon to become and remain out of repair so as to become dangerous and unsafe for passage upon and over.
('74 Code, 25-21) Penalty, see 99.999
99.047 REMOVAL OF ICE, SNOW AND DIRT. Every owner or occupant of any house or other building, and the owner or proprietor, lessee or persons entitled to possession of any vacant lot, and every person having charge of any church, jail, public hall or other public building in the city, shall, during the winter season and during the time snow shall continue on the ground, by 9:00 a.m. every day clean the sidewalk in front of such house or building, and in front of which lot, from snow or ice, and keep it conveniently free thereof during the day. He shall also, at all times, keep such sidewalk clear from all dirt or filth, or other obstruction or encumbrance, so as to allow citizens to use the sidewalk in an easy and commodious manner.
('74 Code, 25-22) Penalty, see 99.999
99.048 PLACING MERCHANDISE ON SIDEWALK. No person receiving or delivering goods, wares or merchandise shall place or keep upon, or suffer to be placed or kept upon any sidewalk in the city any goods, wares or merchandise which he shall be receiving or delivering. Provided, however, if any such person shall desire to receive or deliver any such goods, wares or merchandise in any building where by reason of want of an alley adjacent to the real estate upon which the building is situated there is no convenient access thereto other than by passing over such sidewalk, then such person may receive or deliver such goods over and across such sidewalk, but shall at all times leave a passageway of not less than six feet in width for pedestrians, and shall not suffer the same to be or remain upon such sidewalk for longer than two hours.
('74 Code, 25-20) Penalty, see 99.999
CONSTRUCTION OF DRIVEWAY ENTRANCES AND APPROACHES
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