[CC 1979 §23-1]
Any person who shall obstruct or injure any sidewalk, street, alley or public highway or part thereof or connection therewith in this City so as to prevent the free use of the same by the public shall be deemed guilty of an ordinance violation.
The provisions of Subsection (A) shall not apply to merchants who use any sidewalk in the necessary reception and discharge of merchandise, nor for persons engaged in building, to deposit material thereon, on the street in front or on the side of the lot where such building is to be erected, if at least four (4) feet of all sidewalks shall at all times be kept clear of obstructions.
[CC 1979 §23-2; Ord. No. 65-119 §1, 7-6-1965]
It shall be unlawful for any person to cause or permit to be placed, thrown or to leak or spill from a vehicle or otherwise, upon any pavement or surface of any street, sidewalk, alley or public place in the City any liquid, asphalt, concrete, dirt, debris or substance, whether liquid or material, which might thereby be calculated to endanger, impede or inconvenience the movement of vehicles or pedestrians or render the surface of such street, sidewalk, alley or public place rough or uneven.
[CC 1979 §23-3]
Any person owning or having control of any lot of ground or any part of any such lot which abuts a public sidewalk in the corporate limits of the City who shall fail to remove any accumulation of snow or ice from the sidewalk abutting the lot or part of lot within the period of twenty-four (24) hours from the accumulation thereof on the sidewalk, shall be deemed guilty of an ordinance violation.
The occupant of any such lot or part of lot shall be primarily responsible for the removal of snow or ice from abutting sidewalks, but in the event the lot or part of lot is unoccupied, then the owner shall be responsible for removing such accumulation of snow and ice.
The City may remove any accumulation of snow or ice from any sidewalk in the City, and charge the owner, lessee or occupant, or agent, servant, representative or employee of such owner, lessee or occupant with the cost of removing the snow and ice, and may recover the same by an ordinary suit at law against such person.
[CC 1979 §23-4]
It shall be deemed unlawful for any person to erect or cause to be erected any stairway on the outside of any building leading to an upper story in such a manner as to occupy any part of or overhang or obstruct or interfere with the free use by the public of any public sidewalk or part thereof; nor shall any person so construct or excavate for any areaway, cellarway or stairway leading to any cellar or basement, or other place, or lay or cause to be laid, any doorstep which shall extend into, take up or interfere with the free and entire use of any part of any public sidewalk of the City.
[CC 1979 §23-5]
Any person who shall drain or conduct or cause to be drained or conducted in any manner any filth, slop, waste water or the contents of any privy vault, cesspool or sink, either directly or indirectly, into any street, avenue, alley or public place or thoroughfare of this City or into any gutter, sidewalk or part thereof shall be deemed guilty of an ordinance violation.
[CC 1979 §23-6; Ord. No. 07-1757 §1, 4-2-2007]
Any person who shall use or cause to be used any part of any street, avenue, alley, square or other highway in this City for the piling of material while constructing, removing or repairing a building and fail to remove all such material or remnants thereof so as to leave such street, alley, avenue, square or public highway clear and in as good condition as found shall be deemed guilty of an ordinance violation.
Any person who shall use or cause to be used, any part of any street, avenue, alley, square or other highway in the City for the placing of advertising signs or devices or for the vending or selling of merchandise within such street, alley, avenue, square or public highway, without an appropriate City permit, shall be deemed guilty of an ordinance violation.
[CC 1979 §23-7]
Any person who shall use a part of any sidewalk in the City for the purpose of a crossing, and who shall fail to keep such part of such sidewalk in good repair and on established grade, shall be deemed guilty of an ordinance violation.
[CC 1979 §23-19; Ord. No. 01-1247 §2, 3-19-2001]
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 as hereinafter provided, except public work done under authority of the Board of Aldermen by the employees of the City, and except as otherwise provided in emergency cases.
[CC 1979 §23-20; Ord. No. 01-1247 §3, 3-19-2001]
Application for an excavation permit(s) 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 appropriate 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, by naming the City as an additional insured, against all claims for damages arising from the prosecution of the work. There shall be deposited and maintained with the City up to five hundred dollars ($500.00) per permit to secure compliance with the provisions of this Article. The deposit of five hundred dollars ($500.00), 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. The deposit required herein may be waived in the case of emergency repairs made by a utility.
[CC 1979 §23-21; Ord. No. 01-1247 §4, 3-19-2001]
In the making of excavations in any public way or place, the excavated materials from the trenches must be placed where they will cause the least possible inconvenience to the public. The width of excavation must be no greater than is necessary for doing the work, and shoring and bracing must be used as necessary to keep the sides of the trench vertical and to prevent caving. Adequate provision for proper drainage of the areas surrounding the work must be maintained at all times.
All excavations must be completed in a timely manner and maintain traffic flows at all times in accordance with the conditions of the excavation permit. Where an excavation is made entirely across a public highway, and adequate detour for traffic is not available, substantial driveway must 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 Chief of Police of the City and the Fire Protection District. Any public ways or place disturbed, interfered with or injured in making any excavation must be restored, replaced and repaired to as good condition as existed before such excavation was made.
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 lines 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.
In addition to the foregoing, all excavations shall satisfy the following permit conditions:
Proper work signage shall be placed appropriately.
All disturbed areas must be restored to their original condition and in conformance with Metropolitan St. Louis Sewer District and St. Louis County specifications.
The applicant shall provide and maintain traffic control measures at all times. All barricades must have lights and be in working condition. Applicant shall follow applicable articles of the "St. Louis County Standard Specifications for Highway Construction". Failure to provide proper traffic control, protect the streets from possible damage, protect City property, and provide proper safety measures in the interest of public safety shall result in the City taking whatever action is necessary to restore disrupted areas and the immediate revocation of this excavation permit, as well as undertake legal action to recover expended public funds above the submitted deposit amount.
Applicant must maintain street traffic flow at all times.
Any and all other work necessary to provide a complete and satisfactory job must be undertaken by applicant.
The work must be completed in the established time frame.
No requirements of this permit shall prevent a public utility company from making emergency repairs which benefit the health, welfare and the general well-being of the City's residents.
All excavation and restoration work in the public rights-of-way shall conform to the applicable Standard Construction Specifications For Sewers And Drainage Facilities of the Metropolitan St. Louis Sewer District (MSD), the St. Louis County Standard Specifications For Highway Construction and those additional requirements of the City of Manchester.
[CC 1979 §23-22; Ord. No. 01-1247 §5, 3-19-2001]
Contractors approved by the City 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 part of the construction or replacement project and to furnish the City satisfactory guarantee covering performance of the work in accordance with the above specifications and the excavation permit. Contractors and utility companies engaged in the construction, replacement or repair of utility lines in paved areas shall backfill the trench with granular material. The work of placing granular backfill and repaving excavated areas in paved streets and walks can be performed by the Department of Public Works of the City of Manchester at the sole cost of the person, firm or corporation making the excavation.
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.
In addition to any other fee required herein, an inspection fee of twenty-five dollars ($25.00) per hour, while backfilling and repaving is in process, shall be paid to the City by any contractor or utility company performing backfill and repaving in paved streets, driveways and walks with either granular material or excavated material.
As soon as any excavation has been backfilled, all excess excavated materials shall be removed from the area and disposed of.
[CC 1979 §23-23; Ord. No. 01-1247 §6, 3-19-2001]
An inspection of the placement of backfill shall be made by the City of Manchester Department of Public Works. The contractor or utility company must notify the City Engineer not later than 1:00 P.M. of the workday before the backfill work is to be done to coordinate the inspection.
[CC 1979 §23-24; Ord. No. 01-1247 §7, 3-19-2001]
If granular backfill and repaving operations must be performed by the City of Manchester Department of Public Works, a final estimate of the actual quantities of the work done will be prepared by the City Engineer. The rates to be charged in preparing the cost estimates shall be at the prevailing rate, as reasonably determined by the City Engineer in his/her sole discretion. If the final estimate is less than the deposit amount made at the time of the permit application, a refund will be made; if such final estimate is greater, a charge will be made for the balance. No subsequent excavation permit will be issued until such balance has been paid in full.
Upon completion of the backfilling and repaving by the Department of Public Works, 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 such final estimate is greater, a charge will be made for the balance and no subsequent excavation permit will be issued until such balance has been paid in full.
[CC 1979 §23-25; Ord. No. 01-1247 §8, 3-19-2001]
Every applicant for an excavation permit shall file with the City proof that the applicant is maintaining liability insurance in the sum of one million dollars ($1,000,000.00) for any injuries or damages received or sustained by any person, persons or property on account of the excavation work or on account of or in consequence of any neglect in safeguarding the work. Such insurance must be carried with a firm or corporation which has been licensed to carry on such business in the State of Missouri and must be kept continuously in force as long as the excavation work is in process. A copy of the certificate of insurance policy must be filed with the City, with proof that the policy is in full force and effect, and that said insurance will not be altered, amended, terminated or ended without prior notice having been given to the City.
In lieu of such insurance, the applicant may deposit a surety bond in the sum of one million dollars ($1,000,000.00), conditioned that it will pay any judgment recovered by any person or persons injured, or any property damage incurred, on account of the excavation work or on account of or in consequence of any neglect in safeguarding the work.
In the event any such insurance policy lapses and is not immediately renewed, or any such bond terminates in any manner whatsoever and a substitute in lieu thereof is not deposited, the permit for the excavation shall be revoked immediately.
[CC 1979 §23-26; Ord. No. 01-1247 §9, 3-19-2001]
In case of an emergency where the public health or safety is endangered and the office of the City Engineer is not open for business, the provisions of this Article relating to the issuance of permits prior to commencement of work of excavation shall not apply. In such case, the person making the excavation shall notify the Police Department of the City that emergency work is being commenced and the location thereof, and the work may proceed immediately following the procedures hereinabove provided for backfilling; provided however, 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 a permit therefor. Application for the permit shall be made on the first (1st) day on which the office of the City Engineer is open for business after the work is commenced.
[CC 1979 §23-27; Ord. No. 01-1247 §10, 3-19-2001]
Any person violating any of the provisions of this Article shall be subject to those penalties established in Section 100.100 of the Code of Ordinances of the City of Manchester.