[1]
State law reference — Authority of city to regulate
excavations in or under streets, sidewalks and other public places,
RSMo. § 79.410.
[Code 1964, § 25-10; Ord. No. 1349, § 2, 5-7-1987]
It shall be unlawful for any person, firm or corporation to
make an excavation in any high way, street, alley or other public
thoroughfare or private driveway within the city without first having
obtained from the city a permit therefor.
[Code 1964, § 25-11; Ord. No. 1349, § 3, 5-7-1987; Ord. No. 2576, 6-18-2020]
Application for an excavation permit shall be filed with the
city clerk and referred to the city engineer, who shall issue such
permit provided the application meets the requirements of this article.
A permit fee of seventy dollars ($70.00) must accompany each application,
which fee shall be paid into the general fund of the city.
[1]
Editor's Note: Section 1, Ord. No. 1349, adopted May
7, 1987, repealed Ord. No. 489, adopted Dec. 21, 1961, from which
§ 23-48, relative to permit fees, derived via § 25-12
of the city's 1964 Code.
[Code 1964, § 25-13; Ord. No. 1349, § 4, 5-7-1987]
At the time of the issuance of the permit, the applicant shall
deposit, interest free, with the city clerk an amount of money determined
by the city engineer to be sufficient to equal the cost of the restoration
of the surface of the highway, street, alley or other public thoroughfare
or private driveway where such excavation is to be made to its condition
as it existed immediately before the excavation. If the city deems
it necessary, the restoration of such surface may be done by the city
or the city may contract to have the same done, and the cost of same
shall be charged against the deposit required herein, and any balance
remaining unused from the deposit shall be returned to the applicant;
if the deposit shall be insufficient to cover the city's cost
of restoration of the surface, the costs in excess of the deposit
shall be charged to the applicant.
[Code 1964, § 25-14]
Every person who shall cause to be made any excavation in or
adjoining any public street, highway, alley or other public thoroughfare
shall cause the same to be adequately protected so as to prevent persons,
animals or vehicles from falling into such excavation and shall cause
red warning lights or torches to be maintained about such excavation
and keep the same lighted from sunset to sunrise. Whenever any person
shall excavate the sidewalk of any street, it shall be his duty to
place a strong and suitable footbridge over such excavation in the
line of the sidewalk at least five (5) feet wide, and securely anchored
on each end.
