Cross References — As to requirement that animal off the premises of owners be leashed, §205.070 of this Code; as to raising and lowering of utility wires in order to move buildings, §500.080; as to removal of mud, debris, etc., from streets and sidewalks during construction periods, §510.080; as to regulations governing use of streets during construction work, §§510.110 to 510.180; as to loitering in public places, §210.237; as to prohibition against deposit of litter in public places, §210.170; as to sidewalks to be kept free of litter, §210.173; as to prohibition against sweeping litter into gutters, §210.173; as to removal of weeds, rank vegetable growths in streets and public places, §215.110.
[CC 1997 §24-1; Ord. No. 156 §7, 6-14-1954; Ord. No. 576 §7(24-1), 12-22-1998]
Permission is hereby granted to any person engaged in the business of supplying telephone or telegraph service or electric service in the City to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of the trees from coming into contact with the wires and cables of the person supplying telephone or telegraph service or electric service. Any such tree trimming is to be done under the supervision and direction of any City Official to whom the duties have been or may be delegated and completed in a manner consistent with the provisions of Chapter 540 of this Title.
[CC 1997 §24-1.5; Ord. No. 470 §§1 — 3, 3-15-1995]
All property owners in the City of Oakland, Missouri, shall be obligated and required to maintain at their own expense any and all physical objects including, but not limited to, trees, shrubs, grasses, walls, porticos, stoops, awnings, area ways, walls or other structures or things that encroach upon the right-of-way of any City street as that term is defined in Chapter 405 of the Municipal Code so that the street right-of-way, including sidewalks, is kept in a reasonably safe condition for travel and as public thoroughfares in the usual modes by day and night.
Any object or thing within a street right-of-way that obstructs or interferes with the use of the streets or sidewalks shall be deemed a nuisance and the City shall have the right to remove it.
The requirement that property owners maintain such objects that abut their property shall apply regardless of who planted or placed the object in the street right-of-way.
[CC 1997 §24-2]
No person shall drive, cause to be driven or permit to be driven any cart, wagon or motor vehicle used to transport manure, garbage, ashes, cinders, earth or any other loose material in any of the streets, roads, highways or thoroughfares of the City unless the same is fitted with a tight and substantial cover thereon, the sides of which shall not be less than twenty-four (24) inches high and the tailgate or tailboard twenty-four (24) inches high, so that no portion of such material or debris shall be scattered or thrown into or upon the streets, roads, highways or thoroughfares and all carts, wagons or motor vehicles used for the hauling of any of the debris described in this Section shall have a sufficiently tight covering so closely fitted as to prevent the escape or flying about of any of the contents therefrom.
[CC 1997 §24-3]
No person shall kindle, set fire to or burn any leaves, paper, trash, tree branches, vegetable growth or other inflammable material whatsoever in or upon any public street, right-of-way or gutter.
[CC 1997 §24-4]
No person shall willfully or knowingly obstruct or damage any public road, thoroughfare, street or way by obstructing the side or cross drainage or ditches thereof or by turning water upon such road or right-of-way or by throwing or depositing brush, trees, stumps, logs or any other refuse or debris of any kind whatsoever in the road, street, thoroughfare or way or on the sides or in the ditches thereof or by fencing across or upon the right-of-way of the same or by planting any hedge, shrubs, trees or other objects or erecting any advertising sign within the lines established for such road or by changing the location thereof or shall obstruct the road, highway, street, thoroughfare or way or the drains thereof in any manner whatsoever.
[CC 1997 §24-5]
No person shall drive and no person shall direct or permit any driver to drive any motor vehicle or other moving vehicle over, along or upon any street, thoroughfare, highway or road within the City when any wheel or tire thereof is covered with dirt, gravel, clay or other material or substance so that the same might be dropped, spilled, spread or thrown upon the roadway.
[CC 1997 §24-7; Ord. No. 264 §1, 1968; Ord. No. 339 §1, 11-12-1979; Ord. No. 717 §1, 6-14-2006]
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 Engineer as hereinafter provided, except public work done under the authority of the Board of Aldermen by the employees of the City and except as otherwise provided in emergency cases. All work done by the employees of the Metropolitan St. Louis Sewer District (MSD) shall be immune from the requirements of this Article regarding the payment of fees and submission of approved insurance policies. This exception shall not apply to third party contractors working for MSD. Each excavation shall require a separate permit and inspection for which a fee of thirty-five dollars ($35.00) for the permit and thirty dollars ($30.00) per inspection to be paid in advance to the City at the time the application is filed.
[CC 1997 §24-8; Ord. No. 264 §2, 1968]
Application for an excavation permit 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 approximate 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 against all claims for damages arising from the prosecution of the work and shall deposit with the City Clerk a sum adequate to repay the City for its cost of backfilling or inspection. There shall, in addition, be deposited and maintained with the City Clerk, a sum as determined by the City Administrator, as a standing deposit to secure compliance with the provisions of this Article. The deposit, 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.
Any person having occasion to make frequent excavations in any public place, street, highway, walkway, alley, right-of-way or easement in the City or any plumbing contractor having his/her principal place of business in this City for the last five (5) years prior thereto, who shall make any such excavations, shall not be required to pay the permit fee each time application for the same is made, nor the estimated cost for the backfilling and inspection, but may be billed on a monthly basis for such fees and costs.
[CC 1997 §24-9; Ord. No. 264 §3, 1968]
In the making of excavations in any public way or place, the excavated materials from the trenches shall be placed where they will cause the least possible inconvenience to the public. The width of excavation shall be no greater than is necessary for doing the work and sheathing and bracing shall be used, as necessary, to keep the sides of the trench vertical and to prevent caving. Adequate provision for proper drainage in the areas surrounding the work shall be maintained at all times. All excavations shall be made in such manner as not to inconvenience or interfere with the public use or travel upon the public ways or places when possible. When such use is unavoidably obstructed, the person making such excavation shall exercise all reasonable dispatch in progressing the work so that the public use will not be obstructed beyond a reasonable time. Where an excavation is made entirely across a public highway and adequate detour for traffic is not available, a substantial driveway shall 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 Fire Department and Police Department of the City. Any public ways or places disturbed, interfered with or injured in making any excavation shall be restored, replaced and repaired to as good condition as it was 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 line 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.
[CC 1997 §24-10; Ord. No. 264 §4, 1968]
Excavations made in or under the street, walk or driveway or pavements shall be backfilled with granular material thoroughly compacted into place and the pavement surface restored to its original condition. In such locations excavated materials are to be removed from the site of the work as soon as practicable after the excavation is made and no such material unduly allowed to accumulate on the site.
[CC 1997 §24-11; Ord. No. 264 §5, 1968]
The approved granular backfill material shall be composed of either crushed quarry rock or gravel and sand, free from any clay, lumps, trash or dust-sized particles. Other materials may be used only with the approval of the City Engineer. The size of any material used shall be such that it will pass a one (1) inch mesh screen and be retained in a twenty (20) inch mesh screen. Quarry material and gravel or sand is to be placed in horizontal layers no greater in final thickness than six (6) inches and shall be densified by mechanical tamping or inundating and vibration. The maximum density of such material shall be at least one hundred five (105) pounds per cubic foot, dry weight basis.
[CC 1997 §24-12; Ord. No. 264 §6, 1968]
Excavations in parkways, outside of the paved area of streets or walks, may be backfilled with earth and all grass areas returned to their original condition. Earth backfill is to be placed and compacted in lifts not over six (6) inches in initial thickness with pneumatic tamping and air pressure of at least eighty (80) P.S.I. and on the surface of each lift a minimum of ten (10) seconds per square foot of area on all portions of the lift. As soon as the excavation has been backfilled, all excess excavated materials shall be removed from the area and disposed of. If granular fill is used, the granular fill shall not come closer to the surface than twelve (12) inches and shall be placed in accordance with Section 520.130. The top (12) twelve (12) inches of the fill will be made as outlined above, with the shallower soil removed from the excavation, which shall be set aside at the start of the excavation. Similar material from other excavations may be substituted when the excavation includes tunneling under the ways or other pavement. The excavated tunnelway shall be rammed full of acceptable backfill material before the access openings are backfilled.
[CC 1997 §24-13; Ord. No. 264 §7, 1968]
The work of placing and compacting granular backfill and repaving excavated areas in paved streets and walks is to be performed by the holder of any excavation permit and contractors 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 a part of the construction or replacement project and to furnish the City with satisfactory guaranty covering performance of the work in accordance with the above specifications. Contractors and utility companies engaged in the construction, replacement or repair of utility lines in paved areas shall have the option of backfilling the trench with the excavated material in lieu of granular material; provided, that the soil is not frozen when being replaced, has been protected by covering while excavated, the moisture content during backfilling is not greater than during excavating, has no individual lumps with a volume larger than two (2) cubic inches; and provided, that the material shall be backfilled and compacted in lifts no thicker than four (4) inches in initial thickness with pneumatic tamping at air pressure of at least eighty (80) P.S.I. on the surface of each lift a minimum of thirty (30) seconds per square foot of area on all portions of the lift.
The cost of the temporary and final paving of the excavation shall be at the cost of the permittee. 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. The surface shall be replaced or paved immediately with a hard bituminous material which will be temporary until the backfill has become sufficiently stable to support a permanent pavement after which it shall be permanently paved with material comparable to the original pavement.
In addition, an inspection fee of four dollars ($4.00) per hour, while backfilling and repaving is in process, shall be paid to the City by any contractor, utility company or corporation performing backfilling and repaving in paved streets, driveways and walks with either granular material or excavated material. As soon as the excavation has been backfilled, any excess excavated materials shall be removed from the area and disposed of.
[CC 1997 §24-14; Ord. No. 264 §8, 1968]
Any person proposing to backfill an excavation or who desires a backfill to be made by the City shall notify the City Engineer not later than 3:00 P.M. of the day before the work is to be done in order to properly coordinate the work. Backfilling should be performed by the permittee or by a contractor employed by the permittee who is acceptable to the City.
[CC 1997 §24-15; Ord. No. 264 §9, 1968]
The approximate cost of granular backfill and repaving operations to be performed by the Street Department of the City to the person desiring to make an excavation under or through the paved portion of any street or walkway will be estimated by the City Engineer at the time application for the excavation permit is submitted and the money shall be deposited with the City Clerk as a prerequisite to the issuance of the permit.
Upon the completion of the backfilling and repaving by the Street Department, 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 it is greater, a charge will be made for the balance and no subsequent excavation permit will be issued until such balance has been paid.
Every applicant for an excavation permit shall register with the City proof that the applicant is maintaining liability insurance in the sum of one million dollars ($1,000,000.00), combined single limit, for any injuries or damages received or sustained by any person or property on account of the excavation work or on account of or in consequence of any neglect in safeguarding the work. Such insurance shall be carried in a firm or corporation which has been licensed or permitted to carry on such business in the State and shall be kept continuously in force as long as the excavation work is in process. A verified copy of the insurance policy shall be filed with the City Engineer, with the certificate of the insurer that the policy is in full force and effect and that the insurance will not be altered, amended, terminated or ended without notice having been given to the City.
[CC 1997 §24-17; Ord. No. 264 §11, 1968]
In the case of an emergency where the public health or safety is endangered and the office of the City Engineer is not open, the provisions of this Article relating to the issuance of permits prior to the commencement of work of excavation shall not apply. In such case the person making the excavation shall notify the City Police Chief that emergency work is being commenced and the location thereof and the work may proceed immediately following the procedures hereinabove provided for backfilling; provided, that 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 the permit therefor. Application for the permit shall be made on the first (1st) day on which the office of the City Engineer is open after the work is commenced.