[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.