To the extent permitted by law, this Chapter shall apply to
all persons desiring to construct, operate or maintain facilities
in, along, across, under or over public rights-of-way within the City.
For the purposes of this Chapter, the following terms, phrases,
words and abbreviations shall have the meanings given herein, unless
otherwise expressly stated. When not inconsistent with the context,
words used in the present tense include the future tense and vice
versa, words in the plural number include the singular number and
vice versa, and the masculine gender includes the feminine gender
and vice versa. The words "shall" and "will" are mandatory, and "may" is permissive. Unless
otherwise expressly stated or clearly contrary to the context, terms,
phrases, words and abbreviations not defined herein shall be given
the meaning set forth in the City Code and, if not defined therein,
their common and ordinary meaning. For further convenience, the first
(1st) letter of terms, phrases, words and abbreviations defined in
this Chapter have been capitalized, but an inadvertent failure to
capitalize such letter shall not affect its meaning, nor shall the
inadvertent capitalization of the first (1st) letter of a term, phrase,
word or abbreviation not defined herein affect the meaning thereof.
APPLICANT
The specific person applying for and receiving a permit under
this Chapter.
APPLICATION
That form designed by the Codes Enforcement Officer which
an applicant must use to obtain a permit to conduct facilities work
across, over or under the City's right-of-way.
CITY
The City of Hayti, Missouri.
EXCAVATION
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed or otherwise displaced by means of any tools, equipment or
explosives, except that, any de minimis displacement or movement of
ground caused by pedestrian or vehicular traffic or any other activity
which does not disturb or displace surface conditions of the earth,
asphalt, concrete, sand, gravel, rock or any other material in or
on the ground shall not be deemed excavation.
FACILITIES
Any conduit, duct, line, pipe, wire, hose, cable, culvert,
tube, pole, receiver, transmitter, satellite dish, micro call, Pico
cell, repeater, amplifier or other device, material, apparatus or
medium, useable (whether actually used for such purpose or not) for
the transmission or distribution of any service or commodity installed
below or above ground within the public rights-of-way of the City,
whether used privately or made available to the public.
FACILITIES WORK
The installation of new facilities or any change, replacement,
relocation, removal, alteration or repair of existing facilities that
requires excavation within the public rights-of-way, except for the
occasional replacement of utility poles and related equipment at the
existing general location that does not involve either a street or
sidewalk cut.
MAYOR
The Mayor or his/her designee.
PERMIT
A permit granted by the Codes Enforcement Officer to do facilities
work within the public rights-of-way.
PERSON
An individual, partnership, association, joint stock company,
trust, organization, limited liability company, corporation or other
entity, or any lawful successor thereto or transferee thereof, but
such term does not include the City.
PUBLIC RIGHTS-OF-WAY
The surface, the air space above the surface, and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, parkway or other similar
property in which the City now or hereafter holds any property interest,
which was dedicated as rights-of-way. No reference herein, or in any
permit, to "public rights-of-way" shall be deemed to be a representation
or guarantee by the City that its interest or other right to control
the use of such property is sufficient to permit its use for such
purposes. "Public rights-of-way" does not include
the airwaves above the rights-of-way with regard to cellular or other
non-wire telecommunications or broadcast services, or easements obtained
by utilities or private easements in platted subdivisions or tracts.
The provisions hereof shall specifically apply to any lands
or property annexed as of the date of such annexation.
Whenever, by reason of changes in the grade or widening of a
street or in the location or manner of constructing a water pipe,
drainage channel, sewer, or other City-owned underground or above
ground structure it is deemed necessary by the City to move, alter,
change, adapt, or conform the underground or above ground facilities
of user, user shall make the alterations or changes, on alternative
right-of-way provided by the City, if available, as soon as practicable
after being so ordered in writing by the City without claim for reimbursement
or damages against the City.
Any standards in this Chapter relating to facilities work shall
be fully applicable to work performed by the City and its departments.